Although the Equality Act 2010 is being implemented in an effort to simplify and bring together 9 pieces of legislation in reality it has succeeded in adding confusion.
The legal profession and compensation seekers must be rubbing their hands at this one, and why wouldn't they? Far from simplifying the law it is incredibly complicated and difficult to understand and paves the way for a flood of claims.
The guidance itself is inflammatory and doesn't focus on resolution but emphasises the right to 'make a claim' at every opportunity.
Businesses, organisations, managers and service providers have to think on their feet as a situation arises. They haven't got time to refresh themselves of the law, seek guidance and then make a 'correct' decision.
Small businesses are particularly vulnerable. They have the least resources and when confronted with a realtime situation are in danger of getting it wrong. For example, even the guidance cannot decide on how to proceed when a transexual women requires to use a facility. It's a legal minefield.
Whilst I'm sure business owners will want to do the right thing they will be presented with a myriad of options most of which will be discriminatory in some form or another and leave themselves open to a claim. In other words quite often they will be caught between a rock and a hard place.
Suspend the implementation of the act and devise a workable solution that 'average person is able to understand and comply with.