The Equality Act 2010 (Amendment) Regulations 2023, which came into force on 1 January 2024, maintain the effects of certain retained EU law in relation to several aspects of the 2010 Act.
The new Regulations, which can be found here, amend the Equality Act 2010 to ensure that current rights continue given that the interpretive effects of EU law on the UK’s statute book were removed, at the end of 2023, by the Retained EU Law (Revocation and Reform) Act 2023. Employment Law is always changing and we discuss this on our website.
In particular, they reproduce effects deriving from the following EU law as it has been interpreted in case law:
- Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the Race Directive)
- Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (the Framework Directive)
- Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.
- Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (the Recast Directive)
The new Regulations list and take account of several rulings by the European Union’s Court of Justice (CJEU) which have an impact in areas including pregnancy, maternity and breastfeeding; indirect discrimination; access to employment; disability; and comparators for purposes of equal pay.
Our HR Comments: – Government amends Equality Act to ensure rights continue | Consensus HR – Herts, Beds
Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting amendment to the Equality Act 2010 which was introduced in October and demonstrates how, since Brexit and leaving the EU, how current EU law is being changed / adapted to fit into the UK legal system and I am sure is the start of many as discussed and promised by the Government.
YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.
For further information on any of the HR subjects we provide, please click the heading below: