Blackstone's Guide to the Equality Act 2010

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Oxford University Press, 2010 - Law - 494 pages
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The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Equality Act 2010 is the most significant reform of discrimination law in the UK. It contains significant changes to the law and consolidates the previous complex mass of statutory provisions into one statute. It brings in new rights against discrimination and imposes new duties on employers, service providers and public authorities. The Act will impose a new socio-economic duty on public authorities when making decisions of a strategic nature to have due regard to the desirability of exercising their functions in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage. It defines nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. The new rights to protection include protection against discrimination in the provision of services, premises, work, and education.

This new Blackstone's Guide combines the full text of the Act with an expert narrative. It seeks to explain the scope and impact of the Act, including the civil liberties implications, and to bring practitioners up-to-date. Presented in a straightforward and logical layout, it enables ease of use as a reference source.
 

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BOOK REVIEW
BLACKSTONE’S GUIDE TO THE EQUALITY ACT 2010
Includes a copy of the Act
Edited by John Wadham, Anthony Robinson, David Ruebain, Susie Uppal
ISBN: 978-0-19-957610-4
www.oup.com/uk/law
YES, FROM THE ‘EQUALITIES INDUSTRY’… YET ANOTHER BOOK ON THE EQUALITIES ACT 2010!
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
This Guide will certainly please certain Parliamentarians from the previous government (including the excellent Helena Kennedy) because it has actually now been published to compliment the new legislation which swept away over 100 previous Acts and SIs, and over 2,500 codes of practice and guidance, and has added some new duties just to remind us all about equality issues: so a job well done!
Of course, many have wondered whether this consolidation of previous legislative measures after 40 years would actually be achieved as equality is easy to talk about but much more difficult to implement. However, it has worked (so far), and the complex mass of statutory provisions is now in one Act, containing significant changes to the law to expand the work of the ‘equalities industry’. So, it will be interesting to see how much the implementation of this legislation will cost business!
All practitioners find these Blackstone Guides invaluable for their advice because they deliver concise and accessible commentaries on the latest legislative reforms, changes and amendments to statute law and the Equality Act 2010 fits the bill nicely.
The publishers, Blackstone and OUP, have seen what we need which are publications arriving soon after the legislative enactments with a serious and experienced expert analysis by leading lawyers on the scope, extent and effects of the statutes- and that is exactly what we get.
In addition, the Blackstone Guides Series is always cost-effective giving us a copy of the Act plus key information needs quickly to act as the perfect companion for our main practitioner works to give us a unique additional updating service to compliment formal updates which often lack the depth we require without time-consuming legal research.
The authors explain in 500 pages and 12 chapters how the Act introduces new duties on employers, service providers, and public authorities to eliminate discrimination and promote equality. Kennedy sums things up nicely in the Foreword saying the Act will be a key resource for all who actively pursue a fairer society. Rightly, she admits that many of the institutional barriers which prevent people from achieving their potential in society, or taking their right place in social life, will remain intractable.
The Act is an important new step towards building a society based on equality and human rights by rationalizing and modernising the law. So, the 4 expert authors, John Wadham, Anthony Robinson, David Ruebain and Susie Uppal, give us the additional tools to help us through the new maze and they do the job brilliantly. Their hope is that the Act will be recognised as a vital partner of the Human Rights Act by providing the twin columns of a modern and civilised constitutional settlement.
Whether that comes to pass will have to be seen since the elections in May 2010 although the change of government may have little effect in reality as the statute is already on the books: in any event, at least we have the Blackstone Guide which gives us the explanations and the directions in which society is now going.
 

Contents

LIST OF CONTRIBUTORS
xxvii
TABLE OF CASES
xxxiii
TABLE OF LEGISLATION
xli
1 INTRODUCTION AND BACKGROUND
1
2 PROTECTED CHARACTERISTICS
13
3 CORE RIGHTS AND DUTIES
31
4 EMPLOYMENT RIGHTS AND DUTIES STATUTORY OFFICE HOLDERS AND VOLUNTEERS
55
5 SERVICES PUBLIC FUNCTIONS AND TRANSPORT
79
7 THE PUBLIC SECTOR EQUALITY DUTY AND THE SOCIOECONOMIC DUTY
155
8 PUBLIC PROCUREMENT AND TRANSPARENCY IN THE PRIVATE SECTOR
173
9 ENFORCEMENT
189
10 EQUALITY OF TERMS
205
POSITIVE ACTION ALL WOMEN SHORTLISTS ASSOCIATIONS AND TRADE UNION EQUALITY REPRESENTATIVES
221
12 EUROPEAN UNION LAW AND THE HUMAN RIGHTS ACT
239
EQUALITY ACT 2010
261
INDEX
469

6 PREMISES AND EDUCATION
117

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About the author (2010)


John Wadham is a solicitor and Group Director of the Legal Directorate of the new Equality and Human Rights Commission. He is the author of a number of other publications including the Blackstone's Guides to the Human Rights Act, the Freedom of Information Act and the Identity Cards Act. He was previously the Deputy Chair of the Independent Police Complaints Commission and, before that, the Director of Liberty (the human rights organisation). He has acted for clients in most of the courts and tribunals in this country, including in the Court of Appeal and House of Lords but he specialised in cases before the European Commission and Court of Human Rights in Strasbourg.

David Ruebain has been a practising solicitor for 20 years. He is currently the Director of Legal Policy at the Equality and Human Rights Commission and previously headed a department of Education and Disability law with Levenes Solicitors. David is also an ADR Group Accredited Mediator and a founding member of The Times Newspaper Law Panel. David has published widely and taught nationally and internationally on education and disability law. He is the winner of RADAR's People of the Year Award for Achievement in the Furtherance of Human Rights of Disabled People in the UK, 2002 and was shortlisted for the Law Society's Gazette Centenary Award for Lifetime Achievement - Human Rights, in November 2003. In August 2006, he was listed as one of 25 Most Influential Disabled People in the UK by Disability Now Magazine.

Anthony Robinson is a solicitor and non practising barrister and is the Director of Casework & Litigation at the ECHR. He was previously the Legal Director at the Commission for Racial Equality and prior to that worked in local government and in a law centre. He has a professional interest in equality and human rights as well as his previous areas of practice in education law, coroners law, public law and employment & pensions. He has acted in many notable cases in the tribunals as well as in all levels of the court system including the Court of Appeal and House of Lords.

Susie Uppal is a solicitor and the Director of Legal Enforcement of the Equality and Human Rights Commission. Prior to joining the EHRC in 2008, Susie spent a number of years as a solicitor in private practice. In 2003 Susie joined the Law Society, the regulatory body for Solicitors in England and Wales, to investigate members of the profession suspected of serious misconduct and/or breaches of the Society's Rules and Regulations. In 2006 Susie was appointed Head of Enforcement (Legal) for the Gambling Commission (GC), a non departmental public body established under the Gambling Act 2005. She was instrumental in establishing the GC's enforcement functions. During her time with the GC she became a member of the Whitehall Prosecutors Group and Government National Investigators Group. In her current role with the EHRC Susie is responsible for the Commission's Enforcement teams developing Enforcement policy and having overall conduct of the Commission's Enforcement actions.

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