DEREHAM AND DISTRICTY PROBUS CLUB

EQUALITY ACT 2010

 

The Act defines an association as an organisation that:

  • has 25 or more members
  • has rules (not necessarily formal or written) regulating who can be a member and there is a genuine selection process for members.

Our Probus Club is an 'association' and therefore needs to comply with the requirements of the Equality Act 2010.

The Act protects people from discriminationon the basis of 'Protected Characteristics'.

The relevant characteristics for private clubs and other associations are:

  • disability
  • gender reassignment
  • pregnancy and maternity
  • race - this includes ethnic or national origins, colour and nationality
  • religion or belief - this includes lack of belief
  • sex and
  • sexual orientation

Except in the cases of pregnancy and maternity, people who are protected do not actually have to possess the protected characteristic themselves. Protection also applies, for example, where the person is treated unfairly because they are wrongly perceived to have a particular characteristic (or are treated as though they had it) or because they are linked with someone who has the characteristic.

 

Members and Associates 

It is unlawful for a private club or other association to discriminate against, harass or victimise an existing or potential member or an associate. (An Associate is someone who is not a member but who has some or all of the rights of a member because they are a member of an affiliated private club)

A private club or other association cannot refuse membership, or grant membership on less favourable terms (such as by applying different  conditions or fees) because the person has a protected characteristic.

 

Guests

It is unlawful for a private club or other association to discriminate against, harass or victimise a guest or potential guest of the club or association. A private club or other association cannot refuse to invite a person or guest, or invite the person on less favourable terms, such as by imposing special conditions, because of the guest's protected characteristic.

 

Reasonable adjustments for disabled members, associates and guests

Private clubs and other associations must make reasonable adjustments to allow disabled people to become members or associates and for them and any disabled guests to participate in their activities. A private club or other association may need to make adjustments to a policy or practice, such as relaxing a ban on animals for people who use assistance dogs. It may have to provide an auxilliary aid, such as providing information in accessible formats. It may have to make physical adjustments to part of its premises.

A private club or association is only required to make adjustments that are reasonable in all the circumstances. What is reasonable will depend on factors such as the practicality and cost of making the adjustment. A private club or other association is not required to do anything that will alter its fundamental nature or what it does.