Episode 140 - Equality Act 2010

This week we will be talking about the Equality Act 2010. This episode content meets PC3 -  Legal Framework & Processes and PC4 - Practice & Management of the Part 3 Criteria.

Resources from today's episode:

Websites:

• https://www.legislation.gov.uk/ukpga/2010/15/contents
• https://www.gov.uk/guidance/equality-act-2010-guidance
• https://www.gov.uk/government/publications/the-building-regulations-2010-equality-act-clarification

Books:

• Handbook of Practice Management by Matt Thompson 
• Architects Legal Pocketbook by Matthew Cousins
• Good Practice Guide: Business Resilience
• Good Practice Guide: Keeping Out of Trouble

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Join me next week for more Part3 With Me time.

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Transcript

Episode 140:

Hello and Welcome to the Part3 with me podcast. 

The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week we will be talking about the Equality Act 2010. Todays episode meets PC3 & 4 of the Part 3 Criteria.

Make sure to stay until the end for todays scenario. 

When we refer to the Equality Act what does it relate to:

The Equality Act 2010, simplified equal opportunities laws and made it unlawful to discriminate against people in respect of their disabilities in relation to employment and the provision of goods and services. 

The Equality Act consolidated and streamlined existing discrimination legislation. It should be noted that it is civil rather than building led legislation and it is the activity that falls under the Act, not the building. The Act, therefore, sets out different ways in which it is unlawful to treat someone, such as direct and indirect discrimination, harassment, victimisation and failing to make a reasonable adjustment for a disabled person. A person is considered disabled under the Equality Act 2010 if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. 

Before the Act came into force there were several pieces of legislation to cover discrimination, including:

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995

The consolidated Equality Act 2010 aims to provide legal rights for disabled people in the areas of:

• Employment;
• Education;
• Access to goods, services and facilities including larger private clubs and land-based transport services;
• Buying and renting land or property;
• Functions of public bodies, for example the issuing of licences.

The protected characteristics of the act are:

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

The Act prohibits unfair treatment in the workplace, when providing goods, facilities and services, when exercising public functions and when buying or renting property. 

As such, all members of staff, employees, clients, society deserve to be treated equally, which includes making demands of them and meeting their needs fairly. When it comes to staff members specifically, establishing a culture in which everyone feels they are being given a fair opportunity creates a positive and inclusive work environment, which helps businesses to respond to change and recognise potential in people. Ensuring all staff have the same chances to fulfil their potential creates a better environment in which to work. This will make people enjoy working in that practice more and, when considered jointly with an agile working policy, practices have the opportunity to build fairness into staff offers, which will help to attract and retain the best talent.

In relation to the architecture profession, most architects will be familiar with the Act through:

• The Building Regulations Approved Document M: Access to and use of buildings, which replaced the previous legislation known as the Disability Discrimination Act 1995 also known as DDA.
• As employers running a business in terms of how staff should be treated. The Act aims to ensure that staff are treated fairly by employers, and it refers explicitly to pay and recruitment.
• It also applies equally to how services are provided to clients.

Key item to note is that there is no technical guidance to advise on how to comply with the Equality Act in terms of the built environment. In fact, you cannot comply and nor is there a requirement under the legislation to ensure the whole of a building is accessible. It is, however, illegal to discriminate and discrimination can be the result of barriers. Although Building Regulations are quoted as the standard  but as in the words of the regulation: ‘compliance with Part M of the Building Regulations does not necessarily equate to compliance with the obligations and duties set out in the Equality Act.’ The Building Regulations only require that: ‘reasonable provisions shall be made for people to: (a) gain access to; and (b) use the building and its facilities’.

In relation to Part M, it sets out the requirements for buildings to be reasonably accessible to disabled people and also sets out the minimum requirements to ensure that a broad range of people are able to access and use facilities within buildings. ‘Disabled’ means more than just being in a wheelchair. It covers other impairments, such as blindness and deafness. As such, the Building Regulations include disability access requirements, but it is under the Equality Acts that responsibility for ensuring buildings are accessible is placed on the property owner. The Act also requires reasonable adjustments to be made in relation to accessibility. In practice, this means that due regard must be given to any specific needs of likely building users that might be reasonably met, sometimes the Act may require adjustments beyond those specified within the Building Regulations to accommodate specific needs, therefore it is best practice when advising clients on how to meet their anticipatory duties under the goods and service provision to use both documents to inform the design process. Any architect or designer has a professional responsibility to provide advice on the requirements of the legislation. While it is the service provider and employer who ultimately bear responsibility under the act, were the client is to receive a legal challenge, the architect would be their first port of call. It is, therefore, crucial that architects understand their responsibilities, and provided a building that meets inclusion requirements now and in the future.

In terms of employers running a business, when it comes to recruitment, practices should be aware that they are permitted to apply what is known as ‘positive action’. If they have two candidates of equal standing, they are entitled to take positive action to select the one who will improve the diversity in the business. Construction has traditionally been a male‑dominated environment – positive action is one way to make the sector more gender equal for example. There are long-term business benefits to organisations that include policies aimed to make them more representative of society. Encouraging respect and openness, making a workplace free of bias, recruiting from diverse backgrounds, publicly stating ambition, communicating through marketing commitment to the journey to embed equality, diversity and inclusion into the business are ways to show this.

Employers are also encouraged to:

• Develop and implement comprehensive equality and diversity policies
• Consider whether staff reflect the locality and clients
• Introduce mentoring schemes to encourage and support all staff members
• Move the culture of the business away from being dominated by how many hours employees work in the office
• Make flexible working available for all as a default
• Offer work experience or paid holiday jobs to people from diverse backgrounds, to allow them to gain experience and dispel any myths they might have about the work involved 
• Make diversity an integral part of the business, not just an HR function
• Adopt fairness, inclusion and respect
• Promote diversity within the supply chain by working with a range of suppliers, including those from underrepresented groups.

An employer has a duty to make reasonable adjustments to ensure that disabled employees are not disadvantaged by employment arrangements, or by any physical feature of the workplace. Therefore, implementing good equality and diversity practices can bring several benefits to construction companies:

• Such as staff retention, a more inclusive workplace can lead to better staff retention and reduced turnover costs.
• By embracing diversity, companies can access a broader range of skills and experiences.
• Diverse teams often bring different perspectives, leading to increased innovation and problem-solving capabilities.
• Promoting respect for diversity can improve working relationships on construction sites.

To sum up what I discussed today:

• The Equality Act consolidates previous laws to protect against unlawful discrimination based on characteristics like age, disability, gender, race, religion, and more in employment, services, education, and public functions.
• Architects tend to come across the act through, the Building Regulations Approved Document M: Access to and use of buildings, which replaced the previous legislation known as the Disability Discrimination Act 1995. As employers running a business in terms of how staff should be treated. And also as to how services are provided to clients.
• Employers can promote workplace diversity by favouring equally qualified candidates from underrepresented groups.
• Embracing diversity can boost retention, innovation, and workplace relationships, enhancing overall business performance.