Equality Act 2010: Employers’ Guide

The Equality Act 2010 has arguably had more impact on the UK workplace than any other piece of legislation in recent times, imposing far-reaching legal obligations on employers to prevent unlawful discrimination and unfair treatment of workers and job applicants.

It is essential that employers, and those responsible for managing the workforce, fully understand the provisions under the Act and the potential consequences of failing to comply.

The following guide for employers, line managers and HR personnel outlines the law under the Equality Act 2010, from the key provisions to what action can be taken for unlawful discrimination. The Equality Act is an extensive and complex piece of legislation. For specialist advice on the implications of the Act on your workplace, and how to comply, contact us. 

 

Section A: What is the Equality Act 2010?

 

The Equality Act 2010 is a wide-ranging and hugely significant piece of legislation in the UK that consolidates previous anti-discrimination laws. It aims to protect individuals from unfair treatment and promote a more equal society by addressing discrimination in various forms.

For UK employers, the Act outlines responsibilities to prevent discrimination in the workplace. It governs employee rights and employer responsibilities in relation to protecting people from unlawful discrimination based on nine key characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Employers must ensure that their policies, practices, and behaviours do not disadvantage any employee or job applicant because of these characteristics.

 

Section B: Protected Characteristics under the Equality Act 2010

 

The Equality Act 2010 legally protects a person from unlawful discrimination at work. Under the Act, all employers are under a duty not to directly and/or indirectly discriminate against anyone who has, is perceived to have, or is associated with someone that has, a protected characteristic. Protected characteristics are essentially aspects of a person’s identity that makes them who they are. The Act specifies the following which are afforded protection under the provisions:

 

1. Age

 

Age discrimination is where someone is treated unfairly at work by reason of how old they are, or because they are part of a certain age group or age range.

 

2. Disability

 

Disability discrimination is where someone is treated unfairly at work because of a physical and/or mental impairment that is having a substantial and negative effect on their ability to do normal daily activities long-term.

 

3. Gender Reassignment

 

Gender reassignment discrimination is where someone is treated unfairly at work because they are transgender, including those proposing to undergo, currently undergoing or having already undergone a process for the purpose of reassigning their sex assigned to them at birth to their preferred sex.

 

4. Marriage or Civil Partnership

 

Being married or in a civil partnership discrimination relating to marriage or civil partnership is where someone is treated unfairly at work because they are married, provided this union is recognised as a marriage under UK law, even if they did not marry in the UK, or in a registered civil partnership, including same sex partnerships registered outside the UK.

 

5. Pregnancy or Maternity

 

Discrimination relating to pregnancy or maternity is where someone is treated unfairly at work because either they are pregnant or have a pregnancy-related illness, or they are on maternity leave having recently given birth.

 

6. Race

 

Discrimination relating to a person’s race is where someone is treated unfairly at work because of either their colour, nationality, or their ethnic or national origins. People who share any one of these characteristics form part of the same racial group, although a person can belong to several racial groups.

 

7. Religion

 

Discrimination relating to religion or belief is where someone is treated unfairly at work because they follow a particular faith or hold a certain belief, where ‘belief’ can encompass both religious or philosophical beliefs, and include a lack of belief.

 

8. Sex

 

Discrimination relating to sex is where someone is treated unfairly at work simply because they are either female or male, regardless of any other protected characteristic they may also possess.

 

9. Sexual Orientation

 

Discrimination relating to sexual orientation is where someone is treated unfairly at work because they are either gay, lesbian, bisexual or heterosexual.

 

Section C: Who is Protected under the Equality Act 2010?

 

Individuals that ‘possess’ one of these protected characteristics have a right not to be treated less favourably because of this, or subjected to an unfair disadvantage at work, throughout the entire lifecycle of their employment, such as in respect of their employment terms and conditions; pay and benefits; opportunities for promotion, transfer and training; as well as any dismissal and redundancy. This also includes the recruitment process, where job applicants are equally afforded protection from unfair treatment in the workplace.

Discrimination by perception and association are also important concepts under the Equality Act 2010. Discrimination by perception occurs when an individual is treated unfairly because others mistakenly believe they have a protected characteristic. For example, an employee might face discrimination because their employer wrongly assumes they are gay or have a disability.

Discrimination by association, on the other hand, happens when someone is treated unfairly because they are connected to another person who has a protected characteristic. This could involve an employee facing discrimination because they care for a disabled family member or have a partner of a different race.

Both forms of discrimination are unlawful under the Equality Act 2010. Employers must be mindful of these types of discrimination in their policies and actions, ensuring that no employee or applicant is disadvantaged based on perceived characteristics or their association with others. Addressing these issues is crucial for fostering an inclusive and fair workplace.

 

Section D: Types of Discrimination under the Equality Act 2010

 

There are 4 different types of discrimination that may be considered unlawful under the Equality Act 2010.

 

1. Direct discrimination

 

Direct discrimination in the workplace is where an employer treats a person less favourably because they have a particular protected characteristic. An example of direct discrimination at work could be where a pregnant worker or a worker on maternity leave is specifically selected for redundancy because they are expecting a child or have recently had a child, or where a female worker is passed over for a promotion for which she was suitably experienced, but her less experienced male co-worker is offered the job instead.

Direct discrimination can also include treating someone unfairly at work because they are thought to possess a protected characteristic (perceptive discrimination), even if this is not actually the case, or because a person is associated with someone who possesses a protected characteristic, such as a family member or friend (associative discrimination).

 

2. Indirect discrimination

 

Indirect discrimination at work is where the application of either a provision, criterion or practice inadvertently puts, or would put, those workers who possess a particular protected characteristic at an unfair disadvantage when compared with others who do not share that characteristic. This is essentially where an employer treats a person the same as everyone else, but this still has an adverse effect on that individual.

For example, an advert for a salesperson requiring applicants to have 15 years’ retail experience could be indirectly discriminatory because of age, excluding younger people who may still possess the qualifications and skills needed. Equally, any requirement that all employees work certain shift patterns could discriminate against someone on medication for an anxiety disorder which means that they are too tired to work the early or late shifts.

 

3. Harassment

 

Harassment at work is where someone is subjected to unwanted conduct that is connected to a protected characteristic, and that either violates their dignity and/or creates an offensive working environment. For example, if a person at work is subjected to sexist, racist or homophobic remarks, this could amount to harassment under the Equality Act 2010. Sexual harassment is dealt with under specific requirements.

 

4. Victimisation

 

Victimisation is where a person is subjected to a detriment because they have made a complaint about discrimination or harassment, or they have supported someone else’s complaint at work.

For example, if someone is refused a promotion or other opportunities at work because they have supported a colleague’s complaint about discriminatory comments or conduct, this could amount to victimisation.

 

Section E: Additional Provisions under the Equality Act 2010

 

In addition to the prohibition against discrimination at work, there are various additional rights and responsibilities that arise under the Equality Act 2010, not least the employer’s statutory duty to make reasonable adjustments to minimise any disadvantage suffered by a disabled job applicant or worker. This is essentially a duty to ensure that any individual suffering from a disability, as defined under the Act, is not substantially disadvantaged in carrying out or applying for a job role when compared with a non-disabled person.

There are several ways in which an employer can reduce or remove any disadvantage. A ‘reasonable adjustment’ could be, for example, a physical adaptation to the workplace itself, such as the installation of a ramp for wheelchair access. It could also include the provision of support or specialised equipment, such as an amplified phone for someone with a hearing impairment, as well as a change to the way things are done at work, such as allowing different shift patterns for someone suffering with side effects from medication.

 

Section F: Exceptions under the Equality Act 2010

 

There are limited circumstances in which some forms of discrimination are allowed. This includes if a certain protected characteristic is needed for an applicant to do a particular job. This is known as an ‘occupational requirement’. For example, an employer may be able to justify employing only female staff in a medical centre for Muslim women or to justify an upper age limit on a gymnasium job requiring high levels of agility and fitness.

In some cases, indirect discrimination can also be considered lawful, but only in circumstances where the employer can prove that the application of a provision, criterion or practice is a proportionate means of achieving a legitimate aim. This is referred to as ‘objective justification’, where legitimate aims can include the economic and operational requirements of the business in question, or the health and safety of a person or people at work. For example, banning the wearing of necklaces in a workplace with heavy machinery might indirectly discriminate against anyone who wears a necklace to show their faith, but this is justifiable to prevent the incidence of any accidents because of this.

Importantly, it is unlawful to positively discriminate in the workplace, although employers can sometimes take ‘positive action’. For example, if people with a protected characteristic are at a disadvantage, have particular needs or are underrepresented in an activity or type of work, positive action can be legal. As such, an employer can take proportionate steps to reduce or remove any barriers, or provide support and training, so as to increase the participation of those from a protected group, or to support prospective or existing workers.

 

Section G: Unlawful Discrimination Claims under the Equality Act 2010

 

If a job applicant or worker is treated unfairly at work by reason of a protected characteristic, that person may have a potential claim for unlawful discrimination. Equally, any failure on the part of the employer to make reasonable adjustments for a disabled applicant or worker — such as workplace adaptations or flexible working arrangements — can also be classed as unlawful discrimination by reason of disability.

In most cases, the employer can expect a worker to make an informal complaint or formal grievance. However, an employer could also easily find themselves facing a claim for unlawful discrimination before a tribunal. Equally, any decision to dismiss an employee because of a protected characteristic could be ‘automatically’ unfair. This means that an employee would not need 2 years’ qualifying service to be eligible to claim unfair dismissal.

It is also worth noting, especially in the context of possible claims for harassment or victimisation, that an employer can be found accountable not only for its own discriminatory conduct, but vicariously liable for any unlawful conduct of its employees. Under the provisions of the Equality Act 2010, anything that is done by another person in the course of their employment should be treated as if done by the employer.

Where a finding of discrimination is made by an employment tribunal, the employer can be liable for an unlimited sum of compensation. This is because there is no maximum cap on how much a tribunal can award to a job applicant or worker who has been treated unfairly.

 

Section H: Best Practice for Employers

 

Discrimination in the workplace, even if unintentional, can have very serious and costly consequences for employers. As such, given the potential risk of tribunal proceedings when it comes to any failure to comply with the provisions of the Equality Act 2010, there are various steps that an employer can take to help reduce the risk of discrimination, including:

 

a. The provision of equality and diversity training: it is essential that those responsible in the workplace for making hiring, firing and other management decisions fully understand how the different types of discrimination can arise and are fully trained in these areas of risk. It is also important for all other members of staff to understand the potential impact and consequences of their own unlawful conduct at work.

 

b. Putting in place effective policies: organisations are advised to have in place policies covering discrimination, equality, diversity and inclusion matters. These should set out the employer’s stance in relation to discrimination, harassment and victimisation at work. Policies should clearly explain the different types of discrimination and the context in which these can take place and should make clear what is regarded as acceptable conduct and what is expected of employees when at work. Policies should also set out procedures for dealing with any complaints or allegations of discriminatory conduct.

 

c. Reviewing all workplace policies and procedures: regular policy auditing is good practice to ensure that all policies promote inclusion at work, and that the application of any provision, criterion or practice will not inadvertently put those with protected characteristics at an unfair disadvantage. This should include recruitment policies and how vacancies are advertised.

 

Section I: Summary

 

The Equality Act 2010 was introduced to unify and simplify previous anti-discrimination laws in the UK. It aims to protect individuals from unfair treatment and promotes equality in various settings, including the workplace.

For employers, the Act outlines clear responsibilities to prevent discrimination based on the nine protected characteristics. They must ensure their policies, practices, and procedures do not unfairly disadvantage individuals with these characteristics.

Key considerations for employers include regularly reviewing workplace policies, providing staff training on equality and diversity, and ensuring that recruitment, promotion, and disciplinary processes are fair and inclusive and making reasonable adjustments for disabled employees.

Failure to comply with the Equality Act 2010 can result in significant risks for employers, including costly tribunal claims and compensation payouts, and reputational damage.

 

Section J: Need Assistance?

 

We provide specialist advice to employers to support inclusive and diverse workforce management, while reducing the risk of discrimination claims. Contact us to find out how we can help your organisation.

 

Section K: FAQs

 

What is the purpose of the Equality Act 2010?

The Equality Act 2010 aims to protect individuals from discrimination and promote equality in the workplace, as well as in the wider society. It consolidates various anti-discrimination laws into a single piece of legislation to simplify and strengthen legal protections.

 

Who is protected under the Equality Act 2010?

The Act protects individuals who have one or more of the nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

 

Does the Equality Act 2010 apply to all employers?

The Act applies to all employers in the UK, regardless of the size of the organisation. All employers must comply with the Act’s provisions to ensure fair treatment of employees and applicants.

 

What are reasonable adjustments?

Reasonable adjustments are changes or modifications that employers are required to make to ensure that employees with disabilities are not disadvantaged in the workplace. These can include physical alterations, flexible working arrangements, or adjustments to job roles.

 

Can employers be held liable for acts of discrimination by their employees?

Employers can be held vicariously liable for discriminatory acts committed by their employees if those acts occur during the course of employment. It is essential for employers to take steps to prevent discrimination, such as providing training and enforcing anti-discrimination policies.

 

What should an employee do if they believe they are being discriminated against?

Employees who believe they are experiencing discrimination should raise the issue with their employer, typically through the internal grievance procedure. If the issue is not resolved, they may take the matter to an employment tribunal.

 

Is positive action allowed under the Equality Act 2010?

The Act permits positive action, which allows employers to take specific measures to help underrepresented groups. Positive action is lawful when it is aimed at overcoming or minimising disadvantages, meeting different needs, or encouraging participation in certain activities. However, it must not involve preferential treatment based solely on a protected characteristic.

 

Section L: Glossary

 

 

Term	Definition
Equality Act 2010	A UK law that consolidates previous anti-discrimination legislation into a single Act, protecting individuals from unfair treatment based on protected characteristics.
Protected Characteristics	Nine specific attributes safeguarded by the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Discrimination	Unfair or unequal treatment of individuals based on a protected characteristic, which can occur directly, indirectly, through harassment, or victimisation.
Direct Discrimination	Treating someone less favourably because of a protected characteristic.
Indirect Discrimination	Policies or practices that apply to everyone but disproportionately disadvantage people with a protected characteristic.
Reasonable Adjustments	Changes or modifications employers are required to make to prevent disabled employees from being disadvantaged at work.
Harassment	Unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimisation	Treating someone unfairly because they have made or supported a complaint under the Equality Act 2010.
Vicarious Liability	Legal responsibility of employers for discriminatory acts committed by their employees in the course of employment.
Job Applicant	An individual applying for a job, protected from discrimination during the recruitment process under the Equality Act 2010.
Positive Discrimination	Preferential treatment given to people with a protected characteristic to counteract historical disadvantages; generally not allowed under UK law, except in specific situations.

 

 

Section M: Additional Resources

 

Equality and Human Rights Commission (EHRC)
https://www.equalityhumanrights.com/en/advice-and-guidance/equality-act-2010
Provides comprehensive guidance on the Equality Act 2010, including practical advice for employers on how to comply with the law and promote equality in the workplace.

 

UK Government – Equality Act 2010: Guidance
https://www.gov.uk/guidance/equality-act-2010-guidance
Official UK government resource offering detailed explanations of the Equality Act 2010, with specific guidance tailored for different sectors and types of employers.

 

ACAS (Advisory, Conciliation and Arbitration Service)
https://www.acas.org.uk/equality-act-2010
ACAS provides advice and guidance on equality and diversity in the workplace, helping employers understand and implement the requirements of the Equality Act 2010.

 

Citizens Advice – Discrimination at Work
https://www.citizensadvice.org.uk/work/discrimination-at-work/
Explains how the Equality Act 2010 protects individuals from discrimination at work, offering practical advice for both employees and employers.

 

Chartered Institute of Personnel and Development (CIPD)
https://www.cipd.co.uk/knowledge/fundamentals/relations/diversity/factsheet
A guide for HR professionals and employers on promoting equality and diversity in the workplace, with insights on compliance with the Equality Act 2010.

 

Disability Rights UK
https://www.disabilityrightsuk.org/how-we-can-help/publications/know-your-rights/equality-act
Focuses on how the Equality Act 2010 impacts disabled individuals, offering guidance for employers on making reasonable adjustments and ensuring accessibility in the workplace.