The Equality and Human Rights Commission (EHRC) has published an updated code of practice on equality law, providing new guidance for employers, service providers, and public bodies. The code, which replaces the 2011 version, aims to clarify legal obligations under the Equality Act 2010 and reflects recent court rulings and societal changes.
Key Changes in the Updated Code
The new code covers several areas, including the definition of indirect discrimination, reasonable adjustments for disabled people, and the public sector equality duty. It also addresses newer issues such as gender-critical beliefs and the interaction between equality law and free speech.
One significant update is the clarification on when a policy or practice can be indirectly discriminatory. The code emphasizes that even if a policy applies equally to everyone, it may still be unlawful if it disadvantages a particular protected group.
Reasonable Adjustments
The code provides more detailed examples of what constitutes a reasonable adjustment for disabled employees and customers. It stresses that employers must consider adjustments proactively, rather than waiting for a request.
Another important section deals with the public sector equality duty, which requires public bodies to consider the impact of their decisions on people with protected characteristics. The code outlines how this duty applies in practice, including in times of budget cuts.
Implications for Employers
Employers should review their policies and practices in light of the updated code. The EHRC warns that failure to comply could lead to legal action and reputational damage. The code also highlights the need for training staff on equality issues.
For service providers, the code clarifies that they must make reasonable adjustments to ensure disabled customers can access services. This includes removing physical barriers and providing alternative formats.
Gender-Critical Beliefs and Free Speech
The code addresses the tension between protecting gender-critical beliefs and the rights of transgender people. It states that while holding such beliefs is protected, expressing them in a way that harasses or creates a hostile environment for others is not.
The EHRC emphasizes that employers and service providers must balance competing rights, and that each case should be assessed on its facts.
Enforcement and Next Steps
The code is not legally binding but carries significant weight in court. The EHRC has the power to enforce the Equality Act, including by issuing unlawful act notices and supporting legal cases.
Organizations are advised to familiarize themselves with the code and seek legal advice if needed. The EHRC plans to publish supplementary guidance for specific sectors.
