Equality Act 2010 - Dual discrimination claims delayed

Most of the provisions under the Equality Act were introduced in October 2010, however, the ability to bring a dual discrimination claim was one of several measures postponed until a later date.  The Government has confirmed that the planned implementation date of April 2011 will not go ahead on schedule.

It is reported that ministers are "still considering how best to take forward the dual discrimination provisions". It is understood that guidance will be published 12 weeks before the provisions come into force.

Dual discrimination will allow individuals who believe they have been treated less favourably because of two "protected characteristics" - such as age, disability, race, gender reassignment, religion or belief, sexual orientation or gender - to bring a combined claim.  At present, such claims would have to be heard separately.

Unfair Dismissal - Increase in Compensatory awards

With effect from today, 1 February 2011, the maximum compensatory award for unfair dismissal increases from £65,300 to £68,400.

The minimum award for unfair dismissal also increases at the same time from £4,700 to £5,000.

A week's pay, for the purpose of calculating the basic award for unfair dismissal (and redundancy), increases from £380 to £400.  These increases are applicable where the event that gave rise to the entitlement to compensation occurred on, or after, 1 February 2011.

For any business the prospect of attending an employment tribunal and being faced with compensatory awards of this amount is daunting.  Minimise your risks by making sure your HR processes are in excellent order and staff issues are dealt with before they become a dispute.