Thursday, 09 September 2010 10:03

FORTHCOMING LEGISLATION - SEPTEMBER 2010

Equality Act 2010         - Date in force: Oct 1st 2010 

What it Will do

The Equality Act will become law in October 2010. It replaces previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what you need to do to make your workplace a fair environment and to comply with the law.


The Equality Act covers the same groups that were protected by existing equality legislation – age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity – but extends some protections to groups not previously covered, and also strengthens particular aspects of equality law.

The Equality Act is a mixture of rights and responsibilities that have:

  • Stayed the same – for example, direct discrimination still occurs when "someone is treated less favourably than another person because of a protected characteristic".
  • Changed – for example, employees will now be able to complain of harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them.
  • Been extended – for example, associative discrimination (direct discrimination against someone because they associate with another person who possesses a protected characteristic) will cover age, disability, gender reassignment and sex as well as race, religion and belief and sexual orientation.
  • Been introduced for the first time – for example, the concept of discrimination arising from disability, which occurs if a disabled person is treated unfavourably because of something arising in consequence of their disability.

National Minimum Wage Regulations 1999 (Amendment) Regulations 2010 - Date In Force Oct 1st 2010

What it will do

These Regulations amend the National Minimum Wage Regulations 2010.  This year the hourly National Minimum Wage rate   will increase from:

o    £5.80 to £5.93 for those aged 21 and over

o    £4.83 to £4.92 for 18 to 20-year olds; and

o    £3.57 to £3.64 for 16 and 17-year olds.

  • The Regulations bring in three other important changes. Firstly, the "principle", or "adult", rate of NMW is now payable when a worker reaches 21 rather than 22.
  • A new apprenticeship minimum wage of £2.50 per hour is also introduced for apprentices aged under 19, or aged 19 and over but in the first year of their apprenticeship.
Finally, where an employer provides a worker with living accommodation there is a rate increase from £4.51 to £4.61 per day