Equality Act 2010

Provision 1· legislation, uk, primary-legislation

Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15 Equality Act 2010 An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties t [...]

Provision 2· legislation, uk, primary-legislation

3 para. 17 s. 95(1) Equality Act 2010 Sch. 26 para. 36 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 Sch. 1 para. 6(o) s. 100(3) Equality Act 2010 Sch. 26 para. 37 Additional Learning Needs and Education Tribunal (Wales) Act 2018 Deddf Anghenion Dysgu Ychwanegol a’r Tribiwnlys Addysg (Cymru) 2018 Sch. 1 para. 6(o) s. 100(3) Equality Act 2010 Sch. 19 Pt. 1 Trade Act 2021 Sch. 6 para. 6 s. 18(2) - (4) Equality Act 2010 s. 40A(1) Employment Rights Act 2025 s. 20 s. 159(3) Equality Act 2010 s. 40(1A) - (1C) Employment Rights Act 2025 s. 21 s. 159(3) Equality Act 2010 s. 40B Employment Rights Act 2025 s. 22(2) s. 159(3) Equality Act 2010 s. 208(5)(aa) Employment Rights Act 2025 s. 22(3) s. 159(3) Equality Ac [...]

Provision 3· legislation, uk, primary-legislation

socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes. [8th April 2010] B e it enacted by the Queen's [...]

Provision 4· legislation, uk, primary-legislation

or the Government Communications Head-quarters; ba a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021; c a county council or district council in England; d the Greater London Authority; e a London borough council; f the Common Council of the City of London in its capacity as a local authority; g the Council of the Isles of Scilly; h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k a police and crime commissioner established for an area in England. 3 The authorities to which this section applies are— a the Scottish Ministers; b Food Standards Scotland; c Keeper of the [...]

Provision 5· legislation, uk, primary-legislation

Act 2006; d an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006; e a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006); f a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales; g a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales; h the Welsh Revenue Authority or Awdurdod Cyllid Cymru. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . [...]

Provision 6· legislation, uk, primary-legislation

an authority that has functions of a public nature. 3 Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions. 4 The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to— a add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section; b remove a relevant authority from those that are subject to the duty; c make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has; d in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction. 5 For the purposes of the power conferred by [...]

Provision 7· legislation, uk, primary-legislation

. . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 For the purposes of this Part — a a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998); b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 3 A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law. Part 2 Equality: key concepts Chapter 1 Protected characteristics The protected characteristics 4 The following characteristics are protected characteristics— age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion [...]

Provision 8· legislation, uk, primary-legislation

relation to the protected characteristic of disability— a a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability; b a reference to persons who share a protected characteristic is a reference to persons who have the same disability. 4 This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)— a a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and b a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability. 5 A M [...]

Provision 9· legislation, uk, primary-legislation

a reference to a person who is married or is a civil partner; b a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners. Race 9 1 Race includes— a colour; b nationality; c ethnic or national origins. 2 In relation to the protected characteristic of race— a a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group; b a reference to persons who share a protected characteristic is a reference to persons of the same racial group. 3 A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls. 4 The fact that a racial group comprises two or more distinc [...]

Provision 10· legislation, uk, primary-legislation

same religion or belief. Sex 11 In relation to the protected characteristic of sex— a a reference to a person who has a particular protected characteristic is a reference to a man or to a woman; b a reference to persons who share a protected characteristic is a reference to persons of the same sex. Sexual orientation 12 1 Sexual orientation means a person's sexual orientation towards— a persons of the same sex, b persons of the opposite sex, or c persons of either sex. 2 In relation to the protected characteristic of sexual orientation— a a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation; b a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual [...]

Provision 11· legislation, uk, primary-legislation

connection with pregnancy , childbirth or maternity . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 This section is subject to sections 17(6) and 18(7). Combined discrimination: dual characteristics 14 1 A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics. 2 The relevant protected characteristics are— a age; b disability; c gender reassignment; d race e religion or belief; f sex; g sexual orientation. 3 For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteri [...]

Provision 12· legislation, uk, primary-legislation

something arising in consequence of B's disability, and b A cannot show that the treatment is a proportionate means of achieving a legitimate aim. 2 Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability. Gender reassignment discrimination: cases of absence from work 16 1 This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment. 2 A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B's that is because of gender reassignment, A treats B less favourably than A would treat B if— a B's absence was because of sickness or injury, or b B's absence was for some other reason and it is not reasonable [...]

Provision 13· legislation, uk, primary-legislation

she gives birth to a dead child (more than 24 weeks of the pregnancy having passed). 6 Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as— a it is for the reason mentioned in subsection (2), or b it is in the period, and for the reason, mentioned in subsection (3). Pregnancy and maternity discrimination: work cases 18 1 This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity. 2 A person (A) discriminates against a woman if, in or after the protected period in relation to a pregnancy of hers, A treats her unfavourably — a because of the pregnancy, or b because of illness suffered by her in that protected period as a result of the pregnancy . [...]

Provision 14· legislation, uk, primary-legislation

a right as described in paragraph (a) or (aa) , at the end of the period of 2 weeks beginning with the end of the pregnancy. 6A For the purposes of this section— “ equivalent compulsory maternity leave ” means a period of leave— which is of a substantially similar nature (regardless of its length) to compulsory maternity leave, and which is provided for under a statutory or contractual scheme; “ equivalent maternity leave ” means a period of leave— which is of a substantially similar nature (regardless of its length) to ordinary or additional maternity leave or both, and which is provided for under a statutory or contractual scheme. 7 Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as— a it is in or after the protected period in relati [...]

Provision 15· legislation, uk, primary-legislation

a provision, criterion or practice, b A also applies, or would apply, the provision, criterion or practice to— i persons who share a relevant protected characteristic, and ii persons who do not share that relevant protected characteristic, c B does not share that relevant protected characteristic, d the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic, e the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and f A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim [...]

Provision 16· legislation, uk, primary-legislation

a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid. 6 Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format. 7 A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty. 8 A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be cons [...]

Provision 17· legislation, uk, primary-legislation

Act specified in the first column of the Table, the Schedule specified in the second column. Part of this Act Applicable Schedule Part 3 (services and public functions) Schedule 2 Part 4 (premises) Schedule 4 Part 5 (work) Schedule 8 Part 6 (education) Schedule 13 Part 7 (associations) Schedule 15 Each of the Parts mentioned above Schedule 21 Failure to comply with duty 21 1 A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments. 2 A discriminates against a disabled person if A fails to comply with that duty in relation to that person. 3 A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contraven [...]

Provision 18· legislation, uk, primary-legislation

14, 19 or 19A there must be no material difference between the circumstances relating to each case. 2 The circumstances relating to a case include a person's abilities if— a on a comparison for the purposes of section 13, the protected characteristic is disability; b on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability. 3 If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married ... is not a material difference between the circumstances relating to each case. 4 If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to , or the civil part [...]

Provision 19· legislation, uk, primary-legislation

protected characteristic is gender reassignment. 4 Marriage and civil partnership discrimination is— a discrimination within section 13 because of marriage and civil partnership; b discrimination within section 19 or 19A where the relevant protected characteristic is marriage and civil partnership. 5 Pregnancy and maternity discrimination is discrimination within section 17 or 18. 6 Race discrimination is— a discrimination within section 13 because of race; b discrimination within section 19 or 19A where the relevant protected characteristic is race. 7 Religious or belief-related discrimination is— a discrimination within section 13 because of religion or belief; b discrimination within section 19 or 19A where the relevant protected characteristic is religion or belief. 8 Sex discriminatio [...]

Provision 20· legislation, uk, primary-legislation

into account— a the perception of B; b the other circumstances of the case; c whether it is reasonable for the conduct to have that effect. 5 The relevant protected characteristics are— age; disability; gender reassignment; race; religion or belief; sex; sexual orientation. Victimisation 27 1 A person (A) victimises another person (B) if A subjects B to a detriment because— a B does a protected act, or b A believes that B has done, or may do, a protected act. 2 Each of the following is a protected act— a bringing proceedings under this Act; b giving evidence or information in connection with proceedings under this Act; c doing any other thing for the purposes of or in connection with this Act; d making an allegation (whether or not express) that A or another person has contravened this Act [...]

Provision 21· legislation, uk, primary-legislation

29 1 A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service. 2 A service-provider (A) must not, in providing the service, discriminate against a person (B)— a as to the terms on which A provides the service to B; b by terminating the provision of the service to B; c by subjecting B to any other detriment. 3 A service-provider must not, in relation to the provision of the service, harass— a a person requiring the service, or b a person to whom the service-provider provides the service. 4 A service-provider must not victimise a person requiring the service by not providing the person with the service. 5 A se [...]

Provision 22· legislation, uk, primary-legislation

within or outside the United Kingdom. 10 Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland. Supplementary Ships and hovercraft 30 1 This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to— a transporting people by ship or hovercraft; b a service provided on a ship or hovercraft. 2 Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed. 3 It does not matter whether the ship or hovercraft is within or outside the United Kingdom. 4 “ Ship ” has the same meaning as in the Mer [...]

Provision 23· legislation, uk, primary-legislation

includes a reference to— a the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or b the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person). 8 In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider. 9 Schedule 2 (reas [...]

Provision 24· legislation, uk, primary-legislation

A person (A) who has the right to dispose of premises must not discriminate against another (B)— a as to the terms on which A offers to dispose of the premises to B; b by not disposing of the premises to B; c in A's treatment of B with respect to things done in relation to persons seeking premises. 2 Where an interest in a commonhold unit cannot be disposed of unless a particular person is a party to the disposal, that person must not discriminate against a person by not being a party to the disposal. 3 A person who has the right to dispose of premises must not, in connection with anything done in relation to their occupation or disposal, harass— a a person who occupies them; b a person who applies for them. 4 A person (A) who has the right to dispose of premises must not victimise another [...]

Provision 25· legislation, uk, primary-legislation

would be made if permission were given. 3 A person whose permission is required for the disposal of premises must not victimise another by not giving permission for the disposal of the premises to the other. 4 In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic— a religion or belief; b sexual orientation. 5 This section does not apply to anything done in the exercise of a judicial function. Management 35 1 A person (A) who manages premises must not discriminate against a person (B) who occupies the premises— a in the way in which A allows B, or by not allowing B, to make use of a benefit or facility; b by evicting B (or taking steps for the purpose of securing B's eviction); c by subjecting B to any other detr [...]