Equality Act 2010

Key legislation-principles and provisions

This Act brings together a number of pieces of equality legislation into one single Act simplifying the law and strengthening it to help tackle discrimination and inequality.

The Act applies to all organisations that provide a service to the public, or a section of the public (service providers) and to organisations that provide public functions. It also applies to anyone who sells goods or provides facilities.

The Act protects people from discrimination on the basis of ‘protected characteristics’. The relevant characteristics for services and public functions are:

  • disability

  • gender reassignment

  • pregnancy and maternity

  • race – this includes ethnic or national origins, colour and nationality

  • religion or belief

  • sex

  • sexual orientation

Most of the Act will start to apply in October 2010. Other parts of the law will be phased in over the next few years. For example, the parts about age discrimination in relation to goods, services and facilities is expected to come into force in 2012.

Under the Act direct discrimination in services and public functions happens when someone is treated less favourably than another person because of a protected characteristic.

Indirect discrimination happens when there is a rule, a policy or even a practice that applies to everyone but which particularly disadvantages people who share a particular protected characteristic. Indirect discrimination can be justified if it can be shown that the rule, policy or practice is intended to meet a legitimate objective in a fair, balanced and reasonable way. If this can be shown it will be lawful.

There are also two types of protection for disabled people in particular. Discrimination arising from disability happens when a disabled person is treated unfavourably for a reason connected with their disability – they don’t have to compare themselves to anyone else for this to apply. Also, disabled people also have the right to have reasonable adjustments made for them when they receive functions or services.

Victimisation occurs when someone is treated badly because they have taken action in relation to the Act, such as making or supporting a complaint or raising a grievance about discrimination, or because it is suspected that they have done so.

The new positive action provisions in the Act enable public sector organisations to take proportionate steps to help people overcome their disadvantages or to meet their needs

Connection to human rights

Which key Articles of the Convention?

The Equality Act supports the realisation of all the Convention rights for individuals with “protected characteristics.”

The advancement of equality and the prohibition and elimination of discrimination, on any ground, are fundamental to human rights and a central element of human rights law.

Article 14 - In particular the Equality Act gives further effect to the principles of Article 14 of the Convention and the right not to be discriminated against in the enjoyment of Convention rights.

An important additional aspect to Article 14 however is that the protection from direct discrimination applies on the basis of a broad range of grounds beyond the “protected characteristic” in the Act.

Which underlying principles?

The principle of non-discrimination and equality are core to the aims of the Act.

The principle of proportionality, which is key to the human rights framework, is reflected in the tests that apply to indirect discrimination, namely that indirect discrimination can be justified if it can be shown that the rule, policy or practice is intended to meet a legitimate objective in a fair, balanced and reasonable way. Furthermore any positive action under the Act must be proportionate.