The Equality Act 2010

A comprehensive but accessible guide to the UK's core equality legislation.

🎯 What Is It?

The Equality Act 2010 is a UK law that protects people from unfair treatment in employment, education, housing, and when using services. It aims to create a fairer society by tackling discrimination and promoting equality. It consolidated and updated many previous equality laws into one single Act.

🛡️ The Nine Protected Characteristics

The Act protects people based on nine personal characteristics. It is unlawful to discriminate against someone because of any of these:

⚖️ Types of Unlawful Discrimination

The Act makes several forms of discrimination unlawful:

1. Direct Discrimination

Treating someone less favourably because of a protected characteristic.
Example: Refusing to hire a woman because you think she'll have children soon.

2. Indirect Discrimination

A general rule or practice that applies to everyone but puts people with a protected characteristic at a disadvantage — and there's no good reason for it.
Example: A company requires all staff to work Saturdays, which disproportionately affects some religious groups who observe Sabbath.

3. Discrimination by Association

Treating someone unfairly because of their association with a person with a protected characteristic.
Example: Dismissing an employee because their child has a disability.

4. Discrimination by Perception

Treating someone unfairly because you think they have a protected characteristic — even if you're wrong.
Example: Not promoting someone because you assume they are gay, even if they are not.

5. Harassment

Unwanted behaviour related to a protected characteristic that violates someone's dignity or creates a hostile, degrading, or offensive environment.
Example: Making repeated offensive jokes about someone's race or religion.

6. Victimisation

Treating someone badly because they have complained about discrimination or supported someone else's complaint.
Example: Sacking someone because they filed a grievance about equal pay.

7. Discrimination Arising from Disability

Treating a disabled person unfavourably because of something connected to their disability — without objective justification.
Example: Refusing to interview a wheelchair user because they use a wheelchair, rather than because of their skills.

🏢 Employment and Work

The Act gives strong protections in the workplace:

• Recruitment: Job adverts, application forms, and interview processes must not discriminate.
• Terms of Employment: Pay, benefits, promotions, transfers, training, and redundancy must not be discriminatory.
• Equal Pay: Men and women must receive equal pay for equal work (this covers basic pay, bonuses, overtime, holiday pay, pensions, and more). Note: a woman can compare her pay to a man (and vice versa) even if they don't work for the same employer.
• Positive Action in Recruitment: Employers may (but are not forced to) take positive action to help people from underrepresented groups — for example, selecting a disabled candidate if they are equally qualified as a non-disabled candidate.

⚠️ Genuine Occupational Requirement (GOR): In very limited circumstances, an employer can specify that a job must be held by someone of a particular sex, religion, etc. — but only where it's a genuine and proportionate requirement (e.g., a women's refuge employing a female support worker).

🏠 Services and Public Functions

Service providers — including shops, restaurants, banks, hospitals, schools, and public bodies — must not discriminate against people. They must make reasonable adjustments for disabled people to ensure they can access services equally.

Example: A cinema providing a hearing loop or caption facilities for deaf customers.

🏫 Education

Schools and colleges must:

• Not discriminate against pupils/students based on protected characteristics
• Not harass pupils
• Publish information showing how they are complying with the public sector equality duty
• Prepare and publish equality objectives

Universities have similar obligations and must also ensure that admissions and assessments are non-discriminatory.

🏘️ Housing and Premises

It is unlawful to discriminate in:

• Selling or letting property
• Managing housing (allocation, eviction, repairs)
• Providing housing-related services

However, there are limited exceptions for small rented accommodation where the landlord lives on the premises — they may restrict occupancy to one sex in certain shared-living situations, provided this is clearly stated.

⚠️ Positive Action

The Act allows (but does not require) employers and service providers to take positive action — specific measures to help disadvantaged or underrepresented groups. For example:

• Training and mentoring programmes for women in male-dominated industries
• Outreach work in minority ethnic communities
• Disability confidence schemes

Positive discrimination (automatically favouring someone based on a protected characteristic regardless of merit) is not permitted.

🏛️ The Public Sector Equality Duty (PSED)

Public authorities (government departments, local councils, NHS, police, universities, etc.) must have "due regard" to the need to:

1. Eliminate discrimination, harassment, and victimisation
2. Advance equality of opportunity between different groups
3. Foster good relations between different groups

This is known as the "general duty." Schools and public bodies must also publish equality information and set equality objectives every four years.

🚫 Exceptions and Limitations

The Act does include some lawful exceptions:

• Age: Different age-based treatment can be lawful in certain contexts (e.g., concessionary bus fares for older people, age restrictions for certain jobs like the armed forces).
• Insurance: Insurers can in some limited cases charge different premiums based on age — though this is regulated.
• National Security: Certain roles may require nationality or residence restrictions.
• Religious Organisations: Faith schools may sometimes favour applicants of their own religion, and religious organisations can sometimes require employees to be of a particular religion (within limits).

📋 Reasonable Adjustments

For disabled people, service providers and employers have a duty to make reasonable adjustments — changes to remove or reduce the disadvantage a disabled person faces. This is one of the most important and proactive duties in the Act.

Examples:

• Providing a sign language interpreter at a hospital appointment
• Adjusting working hours for someone with a chronic illness
• Installing a ramp for a wheelchair user
• Providing documents in large print

🛠️ Enforcement and Remedies

If someone believes they have been discriminated against, they can:

• Internal grievance procedure: Complain to the employer or service provider first
• Employment Tribunal: For workplace discrimination (free to use; time limit of 3 months less one day from the act of discrimination)
• County Court / High Court: For non-employment cases (e.g., services, housing)
• Judicial Review: For challenges against public bodies

Remedies available include:

• Compensation (including for injury to feelings)
• An apology
• Changes to policy or practice
• Recommendations

There is no upper limit on compensation in discrimination cases.

📅 Key Dates

• The Act received Royal Assent on 8 April 2010
• Most provisions came into force on 1 October 2010
• The Public Sector Equality Duty provisions came into force on 5 April 2011

📚 Summary at a Glance

Generated by Faye (FAYE-9000) on 15 June 2026.