Cricket and the Equality Act 2010

The England and Wales Cricket Board (ECB) is committed to ensuring that cricket is safe and
welcoming to all members of the community.New Paragraph

Through ECB’s Inclusion and Diversity Strategy; One Game we aim to work and develop
appropriate plans and programmes that encourage, welcome and respect people from
differing backgrounds and communities.

Cricket should be accessible for everyone including those who are:

From all ethnicities
From all faiths
From any age groups
Male or female
Disabled or have a mental illness
From all socio economic groups
Lesbian, gay, bisexual, or transgender

The Equality Act 2010 – An Introduction for Cricket Organisations

The ECB believes that the Equality Act 2010 provides an opportunity for cricket organisations (e.g. clubs, leagues, County Boards and First Class Counties) to examine their practices and to see where action can be taken to increase membership from diverse communities e.g. more females, disabled or younger players; and greater representation from different ethnicities.

This document provides some basic information on the current legislation and signposts people involved in cricket to agencies responsible. It identify some of the resources which will help you develop your understanding of the implications relating to the Equality Act 2010.

What is the Equality Act 2010

The Equality Act 2010 replaces anti‑discrimination laws with a single Act. It simplifies the law, removing inconsistencies and making the law easier for people to understand and comply with. It also strengthens the law in important ways to help tackle discrimination and inequality.

For the first time all the legal requirements on equality that the private, public and voluntary sectors need to follow have been brought together
It affects equality law at work (your role if you are an employer) and when you deliver all sorts of services including running clubs
Most of the new law is based on previous legislation that has been streamlined but there are some important differences

It replaces all the existing equality law including:

The Equal Pay Act 1970
The Sex Discrimination Act 1975
The Race Relations Act 1976
The Disability Discrimination Act 1995 (revised 2005)

How do you know if you have responsibilities under the law?

All employers and service providers have a responsibility under the law to treat their employees and service users fairly
You are a service provider if you provide goods, facilities or services to the general public or section of it, regardless of whether these are free or paid for. (Most Cricket Clubs will fall within this category and will need to ensure they are compliant with the Act).
Even if you are not providing services to the public, you are also likely to have responsibilities if you are an ‘association’ such as a private members club (see below)
Cricket Clubs could be defined within the Act as an ‘Association’. An Association is any group of 25 or more members which has rules to control how someone becomes a member, involving a genuine selection process. The rules may be written or unwritten. It doesn’t matter whether it’s run for profit or is legally incorporated. If it does not have any form of membership selection, it is not an association in equality law – even if it is called ‘club’, ‘society’ or ‘association’. Equality law still applies to these organisations, but in a different way.
If you are an employer, the law generally still applies to you even if your workers are temporary, do not have written contracts of employment or are recruited to other positions such as trainees, apprentices or business partners.

Who is protected by the Equality Act

Whether at work as an employee or in using a service, the purpose of the Equality Act is that everyone has the right to be treated fairly at work or when using services.

It protects people from discrimination on the basis of certain characteristics. These are known as ‘protected characteristics’ and they vary slightly according to whether a person is at work or using a service. There are eight protected characteristics that apply these are:

Disability
Sex (gender) (male or Female)
Age
Gender reassignment
Race (ethnicity)
Religion or belief (faith)
Pregnancy and maternity
Sexual orientation (LGBT)

There is also an additional characteristic that applies only to employers:

Marriage and Civil Partnership

More information on the Equality Act

Information specifically for sports clubs from the Equalities and Human Rights Commission (EHRC): EHRC Guidance for Sports clubs as a service provider
Government department website with information on The Equality Act 2010: Gov.co.uk Equality Act 2010 guidance
Equality Advisory and Support Service (EASS) providing individuals advice about how they have been treated : http://www.equalityadvisoryservice.com

What else should cricket organisations do?

Cricket organisations should examine their practices, rules and policies to ensure that they are non-discriminatory, either directly or indirectly. The organisation should consider whether there is another way of doing things to achieve the aim of the practice, rule or policy that would not involve putting certain groups of people at a disadvantage. It is recommended that, where adjustments may take time to implement the organisation has a clear action plan for achievement of the changes and monitors its progress against that plan.