Equality Act 2010 - Essay Example

Download file to see previous pages In essence, therefore, the Act stipulates that an employer should not do things that would pose terse consequences on an employee, a job applicant, or previous employee or other persons who have protected characteristics than on individuals who do not possess that characteristic. On the other hand, the employer can demonstrate that the act or treatment is objectively necessary in which case the same qualifies as indirect discrimination as per the Act. In this case, an employer need not treat an employee, a disabled applicant, or a former employee unfavorably due to something associated with their disability where such treatment cannot be objectively justified. This treatment includes making decisions, the application of rules or the manner of doing things. Nevertheless, this only applies in circumstances where the employer knew or ought to have reasonably known that the individual is a disabled person and thereto referred as discrimination arising from disability. Additionally an employer should not treat an applicant, an employee, or a former employee worse because of association with an individual with characteristics considered protected. ...
These provisions on perception, association, and victimization apply to anyone, irrespective of whether they possess protected characteristics. The act forbids an employer from harassing an applicant, an employee, or a former employee. In addition, and in ensuring that a disabled individual has equal access, in as far as, it is realistic, to anything that involves doing work as a non-disabled individual; an employer should make reasonable modifications (Barry 2010). In a situation where an employer evaluates a disabled individual’s application for fitness for work, the employer must take into account any reasonable changes necessary to facilitate the job. If, after making reasonable adjustments, the disabled individual is not the best applicant for the work; an employer should not employ the individual work. However, where such an individual would be the best applicant with reasonable changes in place, then an employer must employ the individual. The consideration for reasonable changes also applies where an employee becomes disabled while employed or where their needs change or even, where they change to another role. Exceptions for discrimination Occasionally there are instances where the law on equality applies in a different way and this implies exceptions to these rules, these exceptions relate to all employers or those, which only apply to particular employers. Additionally the law on equality permits an employer to accord better treatment of disabled people than to non-disabled individuals and to use positive action. Age The Act provides that age is unlike other protected features and where an employer can demonstrate the treatment to be objectively justified, ...Download file to see next pagesRead More