Discrimination

The Equality Act 2010 (the Act) consolidates previous legislation on equality and discrimination, namely the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and regulations on religion or belief (2003), sexual orientation (2003) and age (2006). The core provisions of the Act came into force from 1 October 2010.

Under the Act it is unlawful to discriminate against, harass or victimise a person at work or in relation to work (Part 5) and when providing a service, which includes the provision of goods or facilities (Part 3). Employers are also liable for the discriminatory conduct of their employees (Part 8). The Act protects people against discrimination, harassment or victimisation in respect of protected characteristics which are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Act applies to England and Wales and, with the exception of some provisions relating to property, Scotland. With a few exceptions the Act does not form part of the law of Northern Ireland, where the Disability Discrimination Act 1995 will remain in force.

The Act is detailed (239 pages). The AOP may issue guidance from time to time on areas of discrimination covered by the Act in relation to employment and the provision of services. The following guidance, which is also available as a word document at the end of this page, aims to provide optometrists and dispensing opticians and staff concerned with the management and day-to-day running of practices with an understanding of your duties towards staff and patients under the Act. It is not intended to provide an exhaustive summary; it highlights the most significant changes and additions to the law. Readers who are confronted with issues which may involve discrimination should seek legal advice on how to avoid or resolve them, as the penalties for discrimination are serious.

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