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The Equality Act 2010: The Devil’s work?

22 June 2010

One getting to grips with the new Equality Act 2010 may be concerned to note that ‘being taken as a devil’ is now, apparently, a protected line of work.

This is because Section 60(9) of the Equality Act includes ‘being taken as a devil’ as a one possible definition of the term ‘work’. 

Harriet Harman, the former Minister for Women and Equality, is already much maligned in the media for her apparent determination to use the new Act to radically re-model society by, for example, imposing a duty to take social background into account when providing certain services.

Does including ‘being taken as a devil’ as part of the new definition of work demonstrate more sinister intentions on the part of Ms Harman?

Many employers often bemoan the fact that UK employment law goes too far in offering protection to troublesome employees. Does that protection now extend to demons and goblins – inherently troublesome employees, surely?

However, the Act’s reference to ‘being taken as a devil’ is not what it might first appear, and does not mean the forces of darkness have infiltrated UK workplaces. 

In Scotland, individuals whom we in England would describe as pupil barristers are commonly referred to as ‘devils’. Therefore, ‘being taken as a devil’, in this context, simply means someone who works as a pupil barrister in Scotland. It might, however, have been helpful if the Act could have used some alternative wording to this rather archaic and, at first glance, rather worrying phrase.

So whilst employers will no doubt have to contend with other difficulties presented by the Act, the good news is that a refusal to employ a sinister looking character with a forked tongue and horns is unlikely to result in an employment claim.

For the time being at least, despite the wording of the Act suggesting otherwise, Beelzebub’s agents will not be appearing at an Employment Tribunal near you.

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