Equality & Discrimination Law
Protection against discrimination based on protected characteristics under the Equality Act 2010.
Introduction
The Equality Act 2010 consolidated and replaced previous anti-discrimination legislation, providing a single legal framework for protection against discrimination, harassment, and victimisation. It identifies nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act applies to employment, services, education, housing, and public functions. The Equality and Human Rights Commission (EHRC) enforces the Act.
In Brief
The Equality Act 2010 prohibits discrimination, harassment, and victimisation based on nine protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, and sexual orientation. Direct discrimination treats someone less favourably because of a characteristic (s.13). Indirect discrimination applies a neutral provision with disproportionate adverse effect without justification (s.19). Employment Tribunal claims must be brought within 3 months less 1 day (after ACAS Early Conciliation).
Core Principles
Protected Characteristics — Nine grounds: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation.
Direct Discrimination — Treating someone less favourably because of a protected characteristic (s.13).
Indirect Discrimination — Applying a provision, criterion, or practice that disadvantages a group sharing a protected characteristic, unless objectively justified (s.19).
Harassment — Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment (s.26).
Victimisation — Subjecting someone to a detriment because they have made or supported a complaint under the Act (s.27).
Reasonable Adjustments — Employers and service providers must make reasonable adjustments for disabled persons (ss.20-21).
Public Sector Equality Duty — Public bodies must have due regard to eliminating discrimination, advancing equality, and fostering good relations (s.149).
Positive Action — Permitted measures to address disadvantage or under-representation (s.158).
Key Statutes
Equality Act 2010
Human Rights Act 1998
Leading Cases
Essop v Home Office
[2017] UKSC 27
Preddy v Bull
[2013] UKSC 73
Archibald v Fife Council
[2004] UKHL 32
Common Scenarios
Refused a job because of age
Direct age discrimination under s.13 of the Equality Act 2010. File a claim at the Employment Tribunal within 3 months (less one day) of the act complained of, after early conciliation via ACAS.
Employer fails to provide wheelchair access
Failure to make reasonable adjustments under ss.20-21. The duty is anticipatory for service providers and reactive for employers.
Related Careers
Frequently Asked Questions
What are the nine protected characteristics under the Equality Act 2010?
The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origins), religion or belief, sex, and sexual orientation. Not all characteristics are protected in all circumstances — for example, marriage and civil partnership protection applies only in employment.
What is indirect discrimination and how do I prove it?
Indirect discrimination occurs when a seemingly neutral provision, criterion, or practice (PCP) is applied equally to all but has a disproportionate adverse effect on those sharing a protected characteristic, and the employer or service provider cannot justify it as a proportionate means of achieving a legitimate aim (Equality Act 2010, s.19). Statistical evidence of the disparate impact and expert evidence of the justification are often key in these cases.
How long do I have to bring a discrimination claim?
Discrimination claims in the Employment Tribunal must be brought within 3 months less 1 day from the act complained of (or the last act in a continuing course of conduct). ACAS Early Conciliation must be notified first — the limitation period is paused during conciliation. Courts applying time limits in discrimination cases have some discretion to extend, but this is not routinely granted.
What is the public sector equality duty?
Under s.149 Equality Act 2010, public bodies must have due regard to the need to eliminate discrimination, advance equality of opportunity between people with and without protected characteristics, and foster good relations. The PSED requires decision-makers to consider equality implications before making decisions (not as an afterthought). Failure to comply can be challenged by judicial review — though mere technical non-compliance without substantive impact will not always lead to a remedy.
Important Deadlines
Typical Costs
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What To Do Next
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