Commission produces more detailed Equality Act guidance

Governance | Tania Mason | 31 Aug 2011

The Charity Commission has published new guidance to help charities stay within the law of the Equality Act after charity lawyers complained that its original version was not comprehensive enough.

The guidance aims to assist charities to apply the exemptions in the new Act that allow them to provide benefits to certain members of the public and not others.

The new document replaces the previous guidance published last September, which was criticised by some in the sector for its lack of detail and examples. However, it remains focused on covering the part of the Act that pertains to a charity’s ability to limit the group of people whom it helps.

This “charities’ exception” allows a charity to limit its benefits to people who share a protected characteristic if the restriction is based on the needs or disadvantages experienced by that group, or can be justified as a fair, balanced and reasonably necessary way of carrying out a legitimate aim.

The types of charities that could be affected include religious groups, organisations for immigrants, charities that work with older people, and groups that promote sports to particular nationalities. Grantmaking trusts could also be impacted as they will need to be confident that projects or charities that they propose to fund do not discriminate.

The new version of the guidance contains specific information on how the exemptions might impact on grantmakers and charities with restricted funds.

The application of the exemption came under the spotlight following a ruling by Mr Justice Briggs in the High Court Catholic Care (Diocese of Leeds) case in 2010, where he suggested that the charitable exemption can only apply if it meets an additional restriction contained in European human rights legislation.

Directory: Charity Commission

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