Equality Act 2010

Summary

The Equality Act 2010 consolidated and replaced previous anti-discrimination legislation including the Sex Discrimination Act 1975, Race Relations Act 1976, and Disability Discrimination Act 1995. It provides a single legal framework for protection against discrimination, harassment, and victimisation in employment, education, the provision of services, and the exercise of public functions. It defines nine protected characteristics and prohibits direct and indirect discrimination, harassment, and victimisation.

Key Points

• Nine protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation (s.4)
• Direct discrimination: treating someone less favourably because of a protected characteristic (s.13)
• Indirect discrimination: applying a provision, criterion or practice that disadvantages people with a protected characteristic (s.19)
• Harassment: unwanted conduct related to a protected characteristic violating dignity or creating an intimidating environment (s.26)
• Duty to make reasonable adjustments for disabled persons (ss.20–22)
• Public sector equality duty: public bodies must have due regard to eliminating discrimination and advancing equality (s.149)
• Equal pay provisions: sex equality clause implied into contracts (s.66)
• Cancer, HIV infection and multiple sclerosis are each a disability in themselves, with no need to show a substantial adverse effect (Schedule 1, Part 1, paragraph 6)
• Nine protected characteristics (s.4)
• Direct discrimination (s.13), indirect discrimination (s.19)
• Harassment (s.26) and victimisation (s.27)
• Duty to make reasonable adjustments for disabled persons (ss.20-22)
• Public sector equality duty (s.149)
• Positive action provisions (ss.158-159)
• Equal pay provisions (Part 5, Chapter 3)
• Occupational requirement exceptions (Schedule 9)
• Nine protected characteristics
• Direct and indirect discrimination
• Harassment and victimisation
• Reasonable adjustments for disability

Parts & Sections

Amendments History

Frequently asked questions

What are the protected characteristics under the Equality Act 2010?

The Equality Act 2010 protects against discrimination based on nine specific characteristics. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This single legal framework replaced previous laws, such as the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995, to provide consistent protection across employment, education, and services.

How does direct discrimination differ from indirect discrimination?

Direct discrimination occurs when someone is treated less favourably than others because of a protected characteristic. Indirect discrimination happens when a provision, criterion, or practice puts people with a protected characteristic at a particular disadvantage. While direct age discrimination can be justified if it is a proportionate means of achieving a legitimate aim, indirect discrimination must be objectively justified to be lawful.

How is disability defined for the purposes of the Equality Act?

A person is considered to have a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Case law has expanded this definition to include conditions such as HIV, cancer, and multiple sclerosis from the point of diagnosis. Employers also have a duty to make reasonable adjustments for disabled persons.

What counts as harassment or victimisation in the workplace?

Harassment is unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Victimisation occurs when a person is subjected to a detriment because they have done, or are believed to have done, a protected act, such as bringing discrimination proceedings or giving evidence in a case.

What is the public sector equality duty?

Public authorities must have due regard to eliminating discrimination, advancing equality of opportunity, and fostering good relations between groups sharing a protected characteristic. This duty ensures that public bodies actively consider equality in their decision-making processes and service provision, rather than merely avoiding discriminatory actions.

How has the Equality Act 2010 been amended by other legislation?

The Equality Act 2010 was amended by the Enterprise and Regulatory Reform Act 2013. This amendment repealed the employer's liability for third-party harassment. Additionally, it introduced a requirement for claimants in disability discrimination cases to demonstrate that they were placed at a substantial disadvantage by the lack of reasonable adjustments.