The new Act comes into force in October and will fundamentally change the way your HR will function. Here are some of the major changes:

• Existing discrimination legislation, concerning sex, age, race, etc, will be consolidated into a single new Act.
• There will be a single definition of direct and indirect discrimination covering nine “protected characteristics”: race, sex, disability, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy or maternity, religion or belief and age.

• Protection against harassment will be harmonised and extended. Protection against third party harassment, currently only applicable in cases of sex discrimination, will be extended to all the other protected characteristics.

• Contract clauses preventing employees from discussing their pay will be outlawed.
• Positive action in recruitment will be allowed to tackle under-representation, but only where candidates are equally suitable.
• There will be a provision restricting the circumstances in which a potential employee can be asked questions about disability or health.
• Where there has been a finding of discrimination, employment tribunals will have the power to make recommendations on work practices that will benefit the wider workforce, not just the complainant.
• Direct discrimination claims will be allowed on dual grounds (no more than two of the protected characteristics).