Is the Equality Act really a nightmare for employers?

Jacob Rees-Mogg kicked off the New Year with calls to abolish the Equality Act, branding it a ‘nightmare’ for employers. But is this true?

The Equality Act was introduced to do exactly what it says on the tin, to ensure protection and equality in the workplace. And since its introduction, the business world has certainly come a long way.

Gone are the ‘Mad Men’ days where women could only aim to be a secretary, at the beck and call of a powerful man who often diminished, humiliated, or harassed her. Disabled people or those from different ethnic backgrounds struggled to gain meaningful employment and married or pregnant women were restricted or prevented from continuing their career.

As a society we are becoming increasingly more inclusive however it seems that some people just do not want this. Others seemingly look at equality as a negative, for reasons unbeknown to me.

In what I would assume to be an eye roll at Mr Rees-Mogg, broadcaster Clare Balding spoke about her experience in the television industry. While she acknowledges working with some great male professionals, she also spoke about the number of times she has witnessed average men being given senior positions within the industry while extraordinary women are left on the sidelines, forced to work much harder just to be noticed.

This reiterates the need for the Equality Act and its key role in society. The legislation was introduced in 2010, with some amendments having been made since, and sets out 9 protected characteristics against which employers cannot discriminate.

They are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

While some, including Rees-Mogg, may argue that the Equality Act makes it easy for employees to cry discrimination if they are fired or not hired, the reality is that having diversity and inclusivity at the heart of every workplace can only be a good thing. And the introduction and enforcement of the Equality Act through the Employment Tribunal courts means that that is exactly what happens.

Of course, there are always going to be people looking to file spurious claims but that will always be a very small minority.

Ensuring that employers are held responsible for making decisions based solely on merit can only be a positive. And if that means employers need to deal with more paperwork or companies with discriminatory practices are ‘named and shamed’, then so be it.

The claims made by Jacob Rees-Mogg that the Equality Act means employers can be penalised for almost anything at an employment tribunal are majorly misleading. Many of the tribunal claims we see are down to bad practice or lack of research and knowledge of the terms of the Equality Act, which means employers can be held liable.

We’ve seen many times that ignorance is not an excuse. Employment tribunals simply will not accept employers saying they weren’t aware of their responsibilities as a defence.

It’s vital that employers stay up to date on all employment legislation and ensure that they are running a business providing equal opportunities for all. As well as helping them remain compliant, this will also help aid recruitment, retention, and profitability in the long run.

If they don’t, they could find themselves in hot water.

Whilst huge steps forward have certainly been made, we see time and time again that we are not there yet in terms of fairness and equality for all.

I would argue that rather than being a ‘nightmare’, the Equality Act 2010 is integral to ensuring that we continue moving in the right direction.