The Legal Framework: Equality Act 2010

The Equality Act 2010 came into force on 1 October 2010 and applies across England, Scotland and Wales. It prohibits discrimination in the workplace under Part 5, covering recruitment, employment terms, promotions, dismissals and more. Employment tribunals have jurisdiction over complaints related to contraventions of this part, as confirmed in official guidance.

This Act replaced multiple earlier laws, such as the Race Relations Act 1976 and Sex Discrimination Act 1975, simplifying the rules while strengthening protections. Employers must comply, and breaches can lead to uncapped compensation awards in tribunals.

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

The 9 Protected Characteristics

Under section 4 of the Equality Act 2010, the protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination occurs when someone is treated less favourably because of one or more of these.

For example, refusing a job to a woman because she might start a family is discrimination based on sex or pregnancy. Race includes colour, nationality and ethnic origins, while disability covers physical or mental impairments with substantial long-term effects.

What is Direct Discrimination?

Section 13 of the Equality Act defines direct discrimination as treating a person less favourably because of a protected characteristic than another would be treated in similar circumstances. No justification is possible; it’s unlawful outright.

A real-world example: promoting a less qualified man over a equally qualified woman solely due to her gender. Comparators can be actual people or hypothetical ones with similar situations but without the characteristic.

Indirect Discrimination Explained

Per section 19, a provision, criterion or practice that applies to everyone but puts those sharing a protected characteristic at a disadvantage is indirect discrimination. The employer must prove it’s a proportionate means to achieve a legitimate aim.

For instance, a ‘no beards’ policy might discriminate against Sikh men for whom beards are a religious requirement, unless safety justifies it objectively.

Harassment in the Workplace

Section 26 defines harassment as unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It doesn’t require intent if the effect is there.

Examples include sexist jokes, racial slurs or persistent bullying about sexual orientation. Even if not targeted at you directly, third-party harassment may apply in some cases.

Victimisation: Retaliation for Complaints

Section 27 prohibits treating someone badly for protected acts like bringing proceedings, making allegations or giving evidence under the Act. No protected characteristic is needed for the claimant.

If disciplined after raising a grievance about race discrimination, that’s victimisation, even if the original complaint was unfounded but reasonable.

Failure to Make Reasonable Adjustments

Sections 20 and 21 require reasonable adjustments for disabled people facing substantial disadvantage. This includes physical changes, flexible hours or equipment.

Example: providing screen-reading software for a visually impaired employee. Failure is discrimination unless adjustments were not reasonable considering cost and practicality.

Who is Protected from Workplace Discrimination?

The Equality Act covers employees, workers, contract workers, job applicants, partners in firms, barristers, apprentices and more under Part 5. Agency workers and self-employed in certain roles are included.

Job applicants rejected due to disability before interview count too.

Time Limits for Claims

Claims must generally be made within 3 months less one day from the discriminatory act to the employment tribunal. ACAS early conciliation extends this: time stops during conciliation, aiming for up to 6 months total.

Ongoing acts like harassment may have a single time limit from the last incident. Tribunals can extend if just and equitable.

For more on Victimisation employment law protects you from retaliation after complaint. Learn what counts as victimisation under the Equality Act 2010, examples of detriment, and how to claim at tribunal, see here.

For more on Discover what constitutes a hostile work environment in the UK under the Equality Act 2010, including bullying evidence and grievance options for a toxic workplace. Learn your rights as an employee, see here.

For more on Learn how to make an employment tribunal claim in the UK, including ACAS early conciliation, completing the ET1 form, and time limits. Step-by-step guidance for unfair dismissal, discrimination, and more, see here.