Opinion

Equality Update a review of recent legislative developments

Published Date
Jan 29, 2024
We are kicking off 2024 with an examination, over a series of blog posts, of some important developments in equality and discrimination law, including legislative changes, updated EHRC guidance on employer duties to take reasonable steps to prevent sexual harassment, and recent case decisions of interest.

In this first blog, we highlight the legislative changes to the Equality Act 2010, which came into effect on 1 January 2024. The changes have been introduced in a move to preserve and write into UK law a number of EU-derived equality and discrimination protections which otherwise would have ceased to apply in the UK at the end of 2023. They include an extension of pregnancy, childbirth and maternity protections, a formal UK statutory basis for claims of indirect discrimination by association, clarification on the interpretation of ‘disability’ and protection in respect of discriminatory statements made in connection with recruitment.  

While the legislative amendments do not introduce anything brand new per se (the EU-based rights driving these changes will have been a factor in employment tribunal determinations before now), they enhance existing domestic equality provisions, and ensure continued accessibility of such protections for workers in Great Britain.   

Click here for a tabular summary of the changes, and the practical implications for employers.

 
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This content was originally published by Allen & Overy before the A&O Shearman merger