The Equality Act received Royal Assent in April 2010 and the majority of its provisions are due to come into force at the beginning of October 2010. It amalgamates and amends existing discrimination legislation currently in force and also contains a number of new rights and obligations. In so doing it fills a few holes by applying the same level of protection across most types of discrimination.

One of the first things to note is that the definition of discrimination has been widened with regard to discrimination by "association" or "perception". The law already prohibits direct discrimination on the grounds of perceived (rather than actual) race, religion or belief, sexual orientation or age. These "protected characteristics", except for age, are also relevant where someone discriminates against a person because of whom they associate. Someone is, therefore, discriminated against if they suffer a detriment because they are the partner of a person who is of a particular religion or because they are perceived (wrongly) to have a "protected characteristic" for example, a heterosexual man who is perceived to be homosexual.

The Act will now protect employees who also care for disabled people as it will be unlawful to directly discriminate or harass someone based on association and perception in respect of race, sex, disability, sexual orientation, religion or belief, age and gender reassignment. The definition of the latter "protected characteristic" is widened with the Act so that individuals no longer have to be under medical supervision to be protected. Transsexuals will also be protected from discrimination under this heading.

One area creating some noise is the approach to closing the gender pay gap. Employers will no longer be able to insert "secrecy clauses" preventing disclosure of information which could support an equal pay claim. Contrary to headlines in the popular press the Act will not ban secrecy clauses.

The Act also allows for secondary legislation to be introduced requiring businesses with 250 or more employees to publish gender pay gap information. The CBI have said the provision of even more information to justify pay gaps and, if necessary provide plans to address them, may do more harm than good. They argue that better child care and career advice will improve opportunities for woman not setting out "misleading average pay rates". The earliest that such provisions will come into force is 2013 but whether there will be the political will to see the required regulations introduced remains to be seen.

Under the Act employers will not be able to ask about the health of an applicant before offering work to them or, if not in a position to yet offer work including that person in a pool from which to select a winning candidate. There are limited exceptions to this which employers should consider carefully. They include where the employer is trying to assess whether they will need to make any reasonable adjustments for disability, establishing whether the employer will be able to carry out a function that is intrinsic to the role and monitoring diversity.

Monitoring may lead to employers taking advantage of the right to positively discriminate. Under the Act employers can, though are not required to, take any under–representation of particular groups in account when trying to decide between equally qualified applicants. However, there must be no automatic selection or a reference to quotas.

Employers will also be under a duty to provide auxiliary aids to disabled employees as part of their existing duty to make "reasonable adjustments". In determining "reasonable", the business’s size can be determinative.

One major component of the Act is the harmonisation of protection from harassment across all protected characteristics apart from pregnancy and maternity, or marriage and civil partnerships. More importantly, the provisions regarding employer liability for harassment by third parties, currently restricted to cases of sexual harassment, will also be similarly widened. Employers will now be liable for harassment on the basis of age, sexual orientation, race, religious belief and disability if they are aware of such harassment taking place at least two times. Conduct constituting harassment continues to be dependent upon how it is perceived by the victim.

While an attempt has been made to write the Equality Act in "plain English it is still the case that discrimination law is under pinned by complex concepts. Employers will need to ensure that they are fully aware of the changes it introduces undertake a review of relevant policies.