Equality Act 2010

The Act replaced a patchwork of earlier anti-discrimination statutes with one principal legal framework. It consolidated protections formerly found in measures including the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995, while introducing several changes to their operation.¹

Its nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.² The Act covers employment, education, services and public functions, premises, and membership of associations. Its reach is therefore broader than workplace equality alone, although different parts contain distinct conditions, exceptions and remedies.

The Act distinguishes several forms of prohibited conduct rather than treating discrimination as a single wrong. Direct discrimination generally occurs when a person is treated less favourably because of a protected characteristic; indirect discrimination concerns a seemingly neutral provision, criterion or practice that disadvantages a protected group or individual and cannot be justified.³

Harassment includes unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation protects people who take, or are suspected of taking, steps under the Act. The legislation also contains specific rules on pregnancy and maternity, equal pay, disability-related discrimination and reasonable adjustments. Employment claims commonly proceed through employment tribunals, while discrimination in services or education may be pursued through the courts.

Section 149 creates the public sector equality duty, requiring listed public authorities and organisations exercising public functions to have due regard to three aims: eliminating unlawful discrimination, advancing equality of opportunity, and fostering good relations between relevant groups.⁴ The duty is a continuing consideration in policy-making, service design and decision-making, not a standalone right to a particular outcome.

The Act permits positive action in defined circumstances where people sharing a protected characteristic face disadvantage, have different needs, or are disproportionately under-represented. Such action must be proportionate and is not a general licence to discriminate.³ Public authorities may also have to publish information and equality objectives under regulations or statutory guidance, making aspects of compliance visible even where no individual claim is brought.

The Act contains important boundaries and technical provisions that are less visible than its headline protections. Disability protection can require an employer or service provider to make reasonable adjustments, and a person may be protected from discrimination based on an incorrectly perceived characteristic or because of association with someone who has one.³ Gender-reassignment protection does not depend on medical treatment, and pregnancy and maternity protections operate through specialized rules rather than the ordinary direct-discrimination model.

Parliament included a provision for discrimination because of a combination of two characteristics, known as dual or combined discrimination, but that provision was never brought into force.¹ The Act also preserves carefully framed exceptions, including some occupational requirements and arrangements for single-sex services. The Equality and Human Rights Commission publishes statutory codes and guidance that explain how these provisions are applied in practice.⁵

Protected characteristic

A characteristic listed by the Act for which discrimination, harassment or victimisation may be unlawful.

Direct discrimination

Less favourable treatment because of a protected characteristic.

Indirect discrimination

A neutral-looking provision, criterion or practice that particularly disadvantages a protected group or person and is not justified.

Reasonable adjustment

A practical change required in relevant circumstances to reduce substantial disadvantage experienced by a disabled person.

Public sector equality duty

The duty in section 149 requiring specified public authorities to have due regard to three equality aims.