Cecily Zamora
The Equality Act 2010 is a UK law that protects people from discrimination in the workplace and wider society. It applies in England, Scotland and Wales, with some sections also relevant to Northern Ireland. The Act consolidates most equality law into a single Act, simplifying the law by bringing together existing anti-discrimination legislation. It sets out the different ways in which it is unlawful to treat someone and the personal characteristics protected by the law.
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What You'll Learn
The Equality Act 2010
The Act also addresses age discrimination, making it unlawful to discriminate based on age unless specific exceptions apply. It prohibits discrimination relating to a person's disability and establishes a duty to make reasonable adjustments for disabled individuals. Additionally, it extends protection against harassment by third parties to all protected characteristics and restricts employers from screening out disabled applicants without just cause.
The Act is enforced through individual legal action and the strategic intervention of the Equality and Human Rights Commission, which promotes and encourages understanding of equality rights.
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Protected characteristics
The Equality Act 2010 prohibits direct and indirect discrimination, harassment, and victimisation in services and public functions, work, education, associations, and transport. It also prohibits discrimination in relation to something arising from a person's disability. The Act applies to everyone in the UK, except for Northern Ireland, which has its own equality legislation.
The Act defines 'discrimination' as treating someone 'less favourably' than someone else because of their protected characteristics. Less favourable treatment can be anything that puts someone with a protected characteristic at a disadvantage compared to someone who does not have that characteristic. Discrimination can occur even if the treatment was not intended.
There are nine protected characteristics listed in the Act:
- Age: It is unlawful to discriminate on the basis of age unless there is good reason for the differential treatment or it is covered by an exception.
- Disability: The Act creates a duty to make reasonable adjustments for disabled people. It also introduces the concept of 'discrimination arising from disability'.
- Sex: It is unlawful to discriminate against someone because of their sex.
- Sexual orientation: The Act protects against discrimination in employment on the grounds of sexual orientation.
- Marriage and civil partnership: The Act protects individuals from discrimination based on their marital status or civil partnership.
- Gender reassignment: The Equality Act 2010 changed the definition of gender reassignment by removing the requirement for medical supervision.
- Pregnancy and maternity: Treating someone 'unfavourably' because of pregnancy or maternity is considered discrimination.
- Race: The Act prohibits race-based discrimination, replacing the Race Relations Act 1976.
- Religion or belief: The Act protects against discrimination based on religion or belief, replacing the Employment Equality (Religion or Belief) Regulations 2003.
The Equality and Human Rights Commission was established by the Equality Act 2006 and is responsible for promoting and encouraging understanding and compliance with the Equality Act 2010.
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Direct and indirect discrimination
The Equality Act 2010 is an act of Parliament in the UK that consolidates most equality laws into a single Act. It prohibits direct and indirect discrimination, as well as harassment and victimisation. The Act applies in various scenarios, including at work, in education, and in relation to services and public functions.
Direct discrimination is usually blatant, unambiguous, and intentional. It involves unfair decisions or actions that are explicitly based on group membership, such as race, ethnicity, religion, gender, gender identity, or sexual orientation. Direct discrimination can be seen in differences in pay for the same work or unequal hiring practices.
Indirect discrimination, on the other hand, is more subtle, often ambiguous, and may be unintentional. It occurs when policies or practices are ostensibly neutral but disproportionately disadvantage certain groups. For example, a policy that doesn't allow employees to take certain dates off, which include a Jewish holiday, indirectly discriminates against Jewish employees. Indirect discrimination perpetuates inequalities rooted in direct discrimination, and it can be challenging to identify and prove.
Both direct and indirect discrimination restrict a group's access to society's resources and opportunities, such as jobs, housing, and education. While direct discrimination has declined, indirect discrimination persists, particularly in areas like education and employment, and addressing both is essential for fostering a more equitable society.
In the UK, the Equality and Human Rights Commission was established by the Equality Act 2006 to promote and encourage understanding of equality and human rights. The Commission can intervene in litigation to help develop equality law. Individuals can also enforce their rights under the Equality Act 2010 before the courts.
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Employment and services
The Equality Act 2010 is an act of Parliament in the United Kingdom that consolidates, updates and supplements previous anti-discrimination laws. It protects people against discrimination, direct or indirect, in employment and as users of private and public services. The Act applies to England, Scotland and Wales, with some sections also applying to Northern Ireland.
The Equality Act 2010 prohibits discrimination based on the following nine 'protected characteristics': age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief. The Act also prohibits harassment and victimisation.
In the context of employment, the Equality Act 2010 makes it unlawful to discriminate against someone based on any of the protected characteristics. This includes discrimination in hiring practices, promotion, pay, and terms and conditions of employment. The Act also makes it more difficult for disabled people to be unfairly screened out during the application process by restricting employers from asking about disability or health.
The Act also applies to the provision of services and public functions. It is unlawful for service providers to discriminate against customers or clients based on their protected characteristics. This includes both public and private sector services, such as transportation, healthcare, education, and access to public spaces and facilities. Age discrimination is also prohibited unless it can be 'objectively justified', meaning the service provider must show a good reason for the differential treatment.
The Equality Act 2010 replaced previous anti-discrimination laws such as the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995. The Act simplifies the law by bringing together existing legislation, making it easier to understand and strengthening protection in certain situations.
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Equality and Human Rights Commission
The Equality Act 2010 is an act of Parliament of the United Kingdom that consolidates most equality law into a single Act. It prohibits conduct and creates duties in relation to nine 'protected characteristics'. These characteristics include age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief. The Equality Act 2010 replaced previous anti-discrimination laws, making the law easier to understand and strengthening protection in some situations.
The Equality and Human Rights Commission (EHRC) was established by the Equality Act 2006. It is an executive non-departmental public body sponsored by the Cabinet Office. The EHRC monitors human rights and protects equality across the same nine grounds as the Equality Act. The EHRC has a duty to promote and encourage understanding of equality and human rights. It has a range of powers to enforce equality law at an institutional level and often strategically intervenes as a party to litigation if doing so could help develop equality law.
The EHRC has been a member of the worldwide network of national human rights institutions since 2009. It was recognised as a member after securing "A status" accreditation from the former International Coordinating Committee of NHRIs (ICC). This gives the Commission enhanced access to the Human Rights Council, treaty bodies, and other United Nations human rights bodies.
The EHRC engages in parallel reporting ("shadow reporting") at examinations of the UK under UN and Council of Europe human rights treaties. In 2008, the EHRC was designated as part of the UK's independent mechanism responsible for promoting, monitoring, and protecting the implementation of the Convention on the Rights of Persons with Disabilities.
The EHRC has faced criticism from LGBTQ+ groups across the United Kingdom, including Stonewall and Liberty. These groups have expressed concern over statements made by the EHRC that they believe undermine its core purpose of regulating, promoting, and upholding human rights.
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Frequently asked questions
The Equality Law in the UK is a piece of legislation that consolidates most equality laws into a single Act. It is officially known as the Equality Act 2010 and came into force on 1 October 2010.
The Act prohibits direct and indirect discrimination, harassment, and victimisation in employment, and as users of private and public services. It also prohibits discrimination relating to something arising from a person's disability and creates a duty to make reasonable adjustments for disabled people.
The Act lists nine protected characteristics: age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief.
