Equality Act 2010: Protected Characteristics, Discrimination, and Reasonable Adjustments

Equality Act 2010: Protected Characteristics, Discrimination, and Reasonable Adjustments

Introduction

The Equality Act 2010 is the principal legislative framework governing equality and protection against discrimination in England and Wales. It consolidates and replaces several earlier anti-discrimination statutes, establishing a common legal structure for protecting individuals against unfair treatment based on specified personal characteristics.

The Act regulates conduct across a wide range of social and institutional settings, including employment, education, the provision of goods and services, housing, public functions and membership of associations. Its purpose extends beyond prohibiting overt discrimination. It also addresses apparently neutral policies that disadvantage particular groups, harassment, victimisation and the failure to make reasonable adjustments for disabled people.

The legislation recognises that discrimination may operate through different mechanisms. An individual may be treated less favourably because of a protected characteristic, subjected to an apparently neutral requirement that creates disproportionate disadvantage, or placed at a substantial disadvantage because an organisation has failed to accommodate a disability.

The Act therefore establishes several distinct legal tests rather than a single general prohibition against unequal treatment.

Its framework is particularly important in employment law, where employers must ensure that recruitment, contractual terms, remuneration, promotion, training, disciplinary procedures and dismissal comply with equality requirements. However, its application is considerably broader. Schools, universities, hospitals, local authorities, businesses, landlords and service providers may also incur liability for prohibited conduct.

The principal provisions are contained in Parts 2–4 and 6–8 of the Equality Act 2010. Part 2 defines the protected characteristics and prohibited conduct, while the subsequent Parts regulate the application of those protections in particular areas of activity.

The Act must also be interpreted in accordance with relevant judicial decisions and subsequent legislative developments. In particular, the Supreme Court’s judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 clarified the statutory meaning of sex, man and woman for the purposes of the Act. The judgment also confirmed that protection against discrimination because of gender reassignment remains available under the legislation.

Understanding the Equality Act requires examining both its substantive protections and the legal mechanisms through which individuals can enforce them.

1. The Structure and Scope of the Equality Act 2010

The Equality Act 2010 received Royal Assent on 8 April 2010 and came principally into force on 1 October 2010.

Before its enactment, discrimination law in Great Britain was distributed across several statutes, including:

• The Equal Pay Act 1970.
• The Sex Discrimination Act 1975.
• The Race Relations Act 1976.
• The Disability Discrimination Act 1995.
• The Employment Equality (Religion or Belief) Regulations 2003.
• The Employment Equality (Sexual Orientation) Regulations 2003.
• The Employment Equality (Age) Regulations 2006.

The 2010 Act consolidated much of this legislation into a single statutory framework.

Its structure is organised around three principal concepts: protected characteristics, prohibited conduct and the areas in which legal protection applies.

1.1 Protected Characteristics

Section 4 identifies nine protected characteristics:

1. Age.
2. Disability.
3. Gender reassignment.
4. Marriage and civil partnership.
5. Pregnancy and maternity.
6. Race.
7. Religion or belief.
8. Sex.
9. Sexual orientation.

These characteristics define the principal grounds on which the Act prohibits discrimination.

The statutory protection does not mean that every distinction involving one of these characteristics is automatically unlawful. Certain forms of differential treatment are permitted under carefully defined statutory exceptions or where the applicable legal test is satisfied.

However, an organisation cannot justify discriminatory conduct merely by asserting that it had a commercial preference, administrative convenience or subjective reason for treating an individual differently.

1.2 Areas Covered by the Act

The Equality Act regulates discrimination in several distinct contexts.

Employment and work. Part 5 covers recruitment, employment terms, remuneration, promotion, training, dismissal and other employment-related matters. It also regulates certain relationships involving contract workers, partnerships, office-holders and employment agencies.

Education. Part 6 establishes protections relating to schools, further education institutions and higher education institutions.

Goods, facilities and services. Part 3 regulates discrimination by businesses and other organisations providing services to the public or sections of the public.

Public functions. The Act regulates discrimination by public authorities and other persons exercising public functions.

Premises and housing. Part 4 addresses discrimination in the disposal, management and occupation of premises.

Associations. Part 7 regulates discrimination by qualifying private clubs and other associations.

Public sector equality duty. Section 149 imposes additional obligations on public authorities and organisations exercising relevant public functions.

The application of the Act therefore extends well beyond the traditional employer–employee relationship.

2. The Nine Protected Characteristics

The legal meaning of each protected characteristic is established by the relevant provisions of the Act. These definitions are important because the existence of a protected characteristic is often a necessary element of a discrimination claim.

2.1 Age

Section 5 protects individuals against discrimination because of age or membership of a particular age group.

An age group may consist of people of a specific age or a broader range of ages.

Examples include individuals under 25, people over 60 or employees within a particular age bracket.

Age discrimination may occur where an employer refuses to recruit an applicant because of their age, excludes older employees from training or applies different contractual conditions to employees belonging to different age groups.

Unlike most other forms of direct discrimination, direct age discrimination may be objectively justified if the treatment is a proportionate means of achieving a legitimate aim.

The justification requires more than an employer’s assertion that a particular age restriction is convenient or commercially desirable.

The employer must identify a legitimate objective and demonstrate that the discriminatory measure is appropriate and reasonably necessary to achieve it.

The Act also recognises certain specific exceptions, including particular occupational and retirement-related provisions.

2.2 Disability

Section 6 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities.

The statutory definition contains several important elements.

Physical or mental impairment: The condition may involve physical, sensory, intellectual or mental functioning. The legal assessment is not restricted to conditions that are immediately visible.

Substantial effect: The adverse effect must be more than minor or trivial.

Long-term effect: An effect is generally long-term if it has lasted, or is likely to last, at least 12 months, or is likely to last for the remainder of the person’s life. Special provisions address recurring and fluctuating conditions.

Normal day-to-day activities: The assessment concerns activities that are ordinarily carried out by people in everyday life, rather than being restricted to the individual’s particular occupation.

Schedule 1 contains additional provisions concerning the determination of disability, including the treatment of progressive conditions and certain specified conditions.

The Act also contains special rules concerning cancer, HIV infection and multiple sclerosis, which are treated as disabilities from the point of diagnosis for the purposes of the legislation.

Disability protection is particularly significant because the Act imposes a positive duty to make reasonable adjustments.

This obligation means that equal treatment does not always require identical treatment. In appropriate circumstances, an organisation must modify its procedures, physical environment or working arrangements to prevent a disabled person from experiencing substantial disadvantage.

2.3 Gender Reassignment

Section 7 protects individuals who are proposing to undergo, are undergoing or have undergone a process, or part of a process, for the purpose of reassigning their sex by changing physiological or other attributes of sex.

The statutory definition does not require an individual to have undergone surgery, hormone treatment or any particular medical procedure.

The protection is based on the relevant process of gender reassignment and is not dependent on obtaining a Gender Recognition Certificate.

Discrimination may arise where an employer refuses to recruit someone because of their gender reassignment, subjects an employee to harassment or treats an individual unfavourably because of their transition.

The protection also extends to relevant discrimination in education, services and other areas covered by the Act.

The relationship between gender reassignment protection and the statutory meaning of sex was considered by the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.

The Court held that the terms sex, man and woman in the Equality Act refer to biological sex for the purposes of the relevant statutory provisions. It also confirmed that trans people, whether or not they possess a Gender Recognition Certificate, retain protection under the Act against discrimination because of gender reassignment and may invoke other applicable discrimination provisions.

The judgment therefore requires the different statutory protections to be understood separately rather than treating the definition of sex as eliminating protection based on gender reassignment.

2.4 Marriage and Civil Partnership

Section 8 protects individuals who are married or in a civil partnership.

The characteristic concerns the legal status of marriage or civil partnership rather than the quality, duration or personal circumstances of the relationship.

Discrimination may arise where an employer treats an individual unfavourably because they are married or in a civil partnership.

For example, an employer may not deny an employee a promotion simply because they are married, where the treatment amounts to unlawful discrimination.

The protection also applies to certain other areas regulated by the Act.

However, marriage and civil partnership have a more restricted scope than several other protected characteristics. In particular, the statutory provisions do not treat this characteristic in exactly the same way as sex, race or disability in every area of the Act.

2.5 Pregnancy and Maternity

Section 18 establishes specific protection against pregnancy and maternity discrimination.

This protection is particularly important in employment, where women may be treated unfavourably because of pregnancy, pregnancy-related illness or maternity leave.

The statutory protected period generally begins when the pregnancy begins and continues until the end of the applicable maternity-related period.

For women entitled to ordinary and additional maternity leave, the protected period normally continues until the end of additional maternity leave or an earlier return to work.

For women without that entitlement, the Act provides a separate period following the end of pregnancy.

Examples of unlawful treatment may include:

• Refusing to recruit a woman because she is pregnant.
• Dismissing an employee because of pregnancy-related absence.
• Denying promotion because an employee is taking maternity leave.
• Subjecting a pregnant employee to a detriment because of pregnancy.
• Treating a woman unfavourably because she has exercised maternity-related rights.

Pregnancy and maternity discrimination are governed by specific statutory provisions and should not be treated simply as ordinary direct sex discrimination.

2.6 Race

Section 9 defines race by reference to colour, nationality and ethnic or national origins.

The protection covers individuals belonging to different racial, national and ethnic groups.

Discrimination may occur through explicit racial hostility, exclusion, unequal treatment or apparently neutral policies that disproportionately disadvantage particular racial groups.

For example, an employer who refuses to recruit an otherwise qualified applicant because of their nationality may commit direct discrimination.

Similarly, a workplace requirement that disproportionately disadvantages employees belonging to a particular ethnic group may amount to indirect discrimination unless it can be objectively justified.

The Act also prohibits racial segregation and harassment related to race.

2.7 Religion or Belief

Section 10 protects religion, religious belief and philosophical belief.

The statutory definition includes religious and philosophical beliefs as well as the absence of religion or belief.

Not every personal opinion or preference qualifies as a protected philosophical belief. The courts have developed criteria for determining whether a particular belief falls within the statutory definition.

The criteria originating in Grainger plc v Nicholson [2010] ICR 360 include requirements concerning genuine belief, seriousness, coherence, importance and respect for human dignity and democratic society.

Examples of potentially protected beliefs include established religious convictions and certain philosophical positions.

Discrimination may arise where an employer refuses to accommodate a religious practice without adequate justification, applies a dress code that disproportionately disadvantages a religious group or treats an employee unfavourably because of their beliefs.

However, the Act does not establish an unlimited right to manifest every belief in every circumstance. The legal analysis may require balancing competing rights, workplace requirements and applicable statutory exceptions.

2.8 Sex

Section 11 identifies sex as a protected characteristic.

The Equality Act protects individuals against discrimination because they are women or men within the statutory framework.

Sex discrimination may occur in recruitment, remuneration, promotion, dismissal, access to services and other regulated activities.

Examples include paying employees differently because of sex, excluding women from career opportunities or applying different employment conditions to men and women without a lawful basis.

Pregnancy and maternity receive additional protection under the specific provisions discussed above.

The interpretation of sex under the Act was clarified by the Supreme Court in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.

The Court held that references to sex, man and woman in the relevant provisions of the Equality Act refer to biological sex. The judgment also explained how this interpretation operates alongside the separate statutory protection against discrimination because of gender reassignment.

The decision is relevant to the interpretation of the Act across Great Britain, including England and Wales.

2.9 Sexual Orientation

Section 12 protects individuals against discrimination because of sexual orientation.

The statutory definition covers orientation towards:

• Persons of the same sex.
• Persons of the opposite sex.
• Persons of either sex.

Discrimination may arise where an individual is denied employment, promotion, accommodation or services because of their sexual orientation.

The Act also protects individuals against harassment related to sexual orientation.

The protection applies irrespective of whether an individual has publicly disclosed their sexual orientation.

3. The Main Forms of Prohibited Discrimination

The Equality Act recognises several different forms of prohibited conduct.

The distinction between them is essential because each involves different legal elements and may require different evidence.

3.1 Direct Discrimination

Section 13 defines direct discrimination.

It occurs where a person treats another person less favourably because of a protected characteristic than they treat or would treat others.

The central elements are:

1. The claimant has the relevant protected characteristic, or the alleged treatment is based on a protected characteristic attributed to them or associated with another person.
2. The claimant receives less favourable treatment.
3. The treatment occurs because of the protected characteristic.
4. An appropriate actual or hypothetical comparator can be identified where required.

For example, an employer who rejects an applicant solely because of their race may commit direct discrimination.

Similarly, refusing to promote an employee because of their age may constitute direct age discrimination.

The discriminatory motive does not have to be openly expressed. A tribunal may infer the reason for the treatment from the surrounding evidence.

Direct discrimination is generally not capable of objective justification, except for age discrimination and specific statutory exceptions.

This means that an employer cannot ordinarily defend direct discrimination by arguing that it considered the discriminatory treatment commercially convenient.

3.2 Discrimination by Association and Perception

Direct discrimination is not restricted to individuals who personally possess the relevant characteristic.

Discrimination by association occurs where an individual is treated less favourably because of their connection with someone who possesses a protected characteristic.

For example, an employee may be treated unfavourably because they care for a disabled family member.

The principle was examined by the Court of Justice of the European Union in Coleman v Attridge Law (Case C-303/06), which concerned discrimination against an employee because of her association with her disabled child.

Discrimination by perception occurs where a person is treated less favourably because another person believes that they possess a particular protected characteristic, even if that belief is incorrect.

For example, an employer may reject an applicant because it incorrectly assumes that the applicant belongs to a particular religious group.

These principles demonstrate that the protection of the Act is not always limited to the claimant’s personal characteristics.

3.3 Indirect Discrimination

Section 19 addresses indirect discrimination.

It occurs where a person applies a provision, criterion or practice (PCP) to individuals generally, but that requirement places people sharing a particular protected characteristic at a particular disadvantage compared with people who do not share it.

The claimant must also experience that disadvantage.

The respondent may defend the practice if it can demonstrate that the measure is a proportionate means of achieving a legitimate aim.

For example, an employer may introduce a requirement that all employees work fixed evening shifts.

Although the requirement applies equally to everyone, it may disproportionately disadvantage employees belonging to a particular religious group whose observances conflict with those hours.

The employer must then demonstrate that the requirement pursues a legitimate objective and that the chosen arrangement is proportionate.

A legitimate aim may include genuine operational or safety requirements. However, the organisation must demonstrate that the measure is appropriate and that less discriminatory alternatives have been properly considered.

Indirect discrimination is important because unlawful treatment can arise without discriminatory intention.

A policy may appear neutral on its face while producing unequal effects in practice.

The Act also contains section 19A, introduced through the Equality Act 2010 (Amendment) Regulations 2023, concerning indirect discrimination involving individuals who do not share the relevant protected characteristic but experience substantially the same disadvantage as those who do.

3.4 Discrimination Arising from Disability

Section 15 establishes a distinct form of disability discrimination.

It occurs where:

1. A person treats a disabled individual unfavourably.
2. The treatment is because of something arising in consequence of the individual’s disability.
3. The respondent cannot demonstrate that the treatment is a proportionate means of achieving a legitimate aim.
4. The respondent does not establish the applicable statutory defence concerning knowledge of the disability.

This form of discrimination does not require comparison with a non-disabled person.

For example, an employee may be disciplined for repeated absences resulting from a disability.

The employer’s decision may constitute discrimination arising from disability if the treatment is because of the disability-related absence and cannot be objectively justified.

The employer may also have failed to make reasonable adjustments.

The two claims are legally distinct and may arise from the same facts.

The statutory knowledge defence is important. An employer may avoid liability under section 15 if it did not know, and could not reasonably have been expected to know, that the employee had a disability.

However, lack of knowledge does not automatically resolve every possible claim. The duty to make reasonable adjustments has its own knowledge requirements, and the facts must be assessed separately.

3.5 Harassment

Section 26 defines harassment.

It generally involves unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating another person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The Act also recognises sexual harassment, involving unwanted conduct of a sexual nature, and certain forms of less favourable treatment following rejection of or submission to unwanted conduct.

The assessment of whether conduct has the relevant effect takes account of:

• The perception of the person subjected to the conduct.
• The other circumstances of the case.
• Whether it was reasonable for the conduct to have that effect.

Harassment may involve verbal comments, jokes, gestures, written communications, offensive images or repeated behaviour.

A single serious incident may be sufficient. Repeated conduct is not always necessary.

The victim does not necessarily have to possess the protected characteristic to which the conduct relates.

For example, an employee may experience harassment because of racist comments directed at another colleague.

There are specific statutory limitations concerning the characteristics covered by the harassment provisions. Marriage and civil partnership, and pregnancy and maternity, are not included in the section 26 definition of relevant characteristics, although other provisions of the Act may protect against discriminatory treatment involving those characteristics.

3.6 Sexual Harassment

Sexual harassment is a particularly important form of prohibited conduct.

Under section 26, it involves unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Examples include unwanted sexual comments, inappropriate physical contact, sexually suggestive communications and repeated unwanted invitations of a sexual nature.

Section 40A, introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, establishes a duty on employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.

This preventive duty came into force on 26 October 2024.

The duty requires employers to take reasonable preventative measures rather than merely responding after harassment has occurred.

The assessment may include workplace risk assessments, staff training, effective reporting procedures, management supervision and appropriate disciplinary systems.

The Equality and Human Rights Commission has enforcement powers in relation to this duty.

Where an employment tribunal upholds a sexual harassment claim and finds that the employer breached the preventive duty, it may increase compensation by up to 25%.

3.7 Victimisation

Section 27 prohibits victimisation.

It occurs when a person subjects another individual to a detriment because that individual has performed a protected act or because the respondent believes they have performed, or may perform, such an act.

Protected acts include:

• Bringing proceedings under the Equality Act.
• Giving evidence or information in connection with such proceedings.
• Doing anything for the purposes of or in connection with the Act.
• Making an allegation that a person has contravened the Act.

For example, an employer may unlawfully victimise an employee who is denied promotion because they previously complained about racial discrimination.

Victimisation is distinct from direct and indirect discrimination because the relevant cause of the treatment is the protected act rather than necessarily the individual’s protected characteristic.

The statutory protection does not extend to false evidence or allegations made in bad faith.

4. Reasonable Adjustments: The Duty to Remove Disability-Related Disadvantage

The duty to make reasonable adjustments is one of the most important and distinctive features of the Equality Act 2010.

Unlike many other forms of discrimination, the duty is designed to require positive action.

The objective is to prevent disabled individuals from experiencing substantial disadvantage because of workplace arrangements, physical features or the absence of appropriate auxiliary aids.

The principal statutory provisions are sections 20 and 21.

Section 20 identifies three requirements concerning reasonable adjustments, while section 21 provides that failure to comply with the duty amounts to discrimination.

4.1 The First Requirement: Provisions, Criteria or Practices

The first requirement applies where a provision, criterion or practice places a disabled person at a substantial disadvantage compared with people who are not disabled.

An employer may therefore be required to modify a general workplace rule or procedure.

For example, a requirement that all employees work fixed hours may disadvantage an employee whose disability makes those hours difficult to maintain.

A reasonable adjustment might involve flexible working hours, modified attendance arrangements or a different allocation of duties.

The relevant question is whether the existing arrangement creates substantial disadvantage and whether a reasonable adjustment could prevent or reduce it.

4.2 The Second Requirement: Physical Features

The second requirement concerns physical features of premises.

An employer or other relevant duty-holder may be required to take reasonable steps to remove or alter physical barriers that place a disabled person at substantial disadvantage.

Examples include:

• Installing wheelchair-accessible entrances.
• Modifying doorways and corridors.
• Providing accessible toilet facilities.
• Adjusting lighting.
• Improving access to workplace facilities.
• Providing appropriate signage or other accessibility features.

The statutory duty does not necessarily require complete reconstruction of every building.

The reasonableness of the proposed adjustment depends on the circumstances, including its effectiveness, cost, practicality and the resources available to the organisation.

4.3 The Third Requirement: Auxiliary Aids and Services

The third requirement concerns the provision of auxiliary aids.

An auxiliary aid may include equipment, software, communication support or assistance that enables a disabled person to participate effectively.

Examples include:

• Screen-reading software.
• Specialist keyboards.
• Hearing assistance systems.
• Accessible communication equipment.
• Interpreting or communication support.
• Additional supervision or assistance.

The relevant adjustment must be reasonable in the circumstances and must address the disadvantage identified.

4.4 What Makes an Adjustment Reasonable?

The Act does not provide a universal list of adjustments that must always be made.

Instead, reasonableness is assessed according to the particular circumstances.

Relevant considerations include:

Effectiveness. Would the proposed measure actually remove or reduce the substantial disadvantage?

Practicality. Can the adjustment reasonably be implemented within the organisation’s operational arrangements?

Cost. Is the financial cost proportionate to the organisation’s resources and the expected benefit?

Resources. What are the financial and organisational resources available to the employer?

Disruption. Would the adjustment impose substantial operational difficulties?

Availability of assistance. Could external support, specialist equipment or government assistance make the adjustment practicable?

An employer is not required to implement every adjustment requested by an employee. However, it must properly consider reasonable measures and cannot simply reject a request without examining the relevant circumstances.

4.5 Adjustments in Recruitment and Selection

The duty applies not only to existing employees but also to relevant employment arrangements involving applicants.

An employer may need to modify recruitment procedures to prevent disabled applicants from being placed at a substantial disadvantage.

Examples include:

• Providing accessible application forms.
• Allowing additional time for assessments.
• Offering alternative interview formats.
• Ensuring accessible interview locations.
• Providing communication assistance.
• Adjusting recruitment tests.

An organisation cannot assume that a disabled applicant is incapable of performing a role without considering whether reasonable adjustments would enable them to meet the relevant requirements.

4.6 Adjustments During Employment

The duty continues throughout the employment relationship.

It may apply to working hours, workplace equipment, training, performance assessment, disciplinary procedures, promotion opportunities and other employment arrangements.

For example, an employee who develops a condition affecting mobility may require an accessible workstation, modified duties or a change of workplace location.

An employee experiencing a mental health condition may require adjustments to working hours, supervision, communication procedures or performance management.

The appropriate measures depend on the individual’s circumstances and the nature of the disadvantage.

4.7 Adjustments and Redeployment

In certain circumstances, reasonable adjustments may involve transferring a disabled employee to an existing vacant position.

The leading authority is Archibald v Fife Council [2004] UKHL 32.

The case concerned an employee who became unable to continue performing her existing duties following a medical condition.

The House of Lords considered the duty to make reasonable adjustments and recognised that transferring a disabled employee to another existing position could constitute a reasonable adjustment.

The decision demonstrates that reasonable adjustments may require more than minor modifications to existing working arrangements.

However, the employer is not generally required to create an entirely new position or dismiss another employee to accommodate the disabled individual.

The reasonableness of a transfer depends on the circumstances, the availability of vacancies and the applicable legal obligations.

4.8 Knowledge of Disability

The duty to make reasonable adjustments is subject to statutory knowledge requirements.

An employer is generally required to make adjustments where it knows, or could reasonably be expected to know, that an employee has a disability and is likely to be placed at the relevant substantial disadvantage.

An employee does not necessarily have to use the precise legal terminology or formally request a reasonable adjustment before the duty can arise.

Where an employer has sufficient information to identify a potential disability-related disadvantage, it may need to make further enquiries.

The absence of a formal diagnosis does not automatically prevent the duty from arising.

The employer must assess the information available and the circumstances as a whole.

4.9 Reasonable Adjustments Are Not Preferential Treatment

The duty to make reasonable adjustments should not be understood as an unfair advantage.

Its purpose is to remove barriers that prevent disabled individuals from participating on a substantially equal basis.

In some circumstances, this may require treating a disabled employee differently from other employees.

The legal framework recognises that identical treatment can perpetuate disadvantage where individuals have different needs.

This principle distinguishes the reasonable adjustment duty from the general prohibition of direct discrimination.

5. Discrimination in Employment: Part 5 of the Equality Act

Part 5 regulates discrimination in employment and related working arrangements.

Its protection extends beyond the traditional employment contract.

The Act covers employers, employment agencies, partnerships, qualifications bodies and other specified relationships.

5.1 Recruitment and Selection

Section 39 prohibits discrimination in arrangements for deciding whom to offer employment.

Employers must not discriminate in advertising positions, shortlisting applicants, conducting interviews or making recruitment decisions.

The prohibition applies to the terms on which employment is offered and whether employment is offered at all.

For example, excluding candidates because of race, sex, disability or religion may constitute unlawful discrimination.

Recruitment procedures should therefore be based on genuine job requirements and applied consistently.

5.2 Employment Terms and Conditions

Section 39 also protects employees against discriminatory treatment in the terms of employment.

This includes salary, benefits, working hours, leave arrangements, contractual conditions and other employment entitlements.

The protection applies throughout the employment relationship.

An employer cannot ordinarily justify unequal treatment by arguing that the employee voluntarily accepted the contractual terms.

5.3 Promotion, Training and Career Development

Discrimination in access to promotion, training and professional development is also prohibited.

Employers must not exclude employees from career opportunities because of protected characteristics.

For example, denying an employee access to management training because of their age may constitute direct discrimination.

Similarly, a requirement that indirectly disadvantages employees with a particular disability may give rise to an indirect discrimination or reasonable adjustments claim.

5.4 Dismissal and Other Detriments

Section 39 prohibits discrimination in dismissal and in other employment-related detriments.

An employer cannot dismiss an employee because of a protected characteristic.

The prohibition also applies to less obvious treatment, such as unjustified exclusion from workplace opportunities, denial of benefits or discriminatory disciplinary action.

A dismissal may simultaneously give rise to an Equality Act claim and an unfair dismissal claim under the Employment Rights Act 1996.

These claims involve different legal tests and may be pursued separately or together.

5.5 Equal Pay

The Equality Act incorporates the statutory equality clause framework governing equal pay.

Sections 64–80 address equality of terms between men and women in relation to contractual pay and other terms.

An employee may compare their contractual remuneration with that of an appropriate comparator of the opposite sex performing:

• Like work.
• Work rated as equivalent.
• Work of equal value.

The employer may have a defence where the difference is genuinely attributable to a material factor that does not involve sex discrimination, subject to the statutory requirements.

Equal pay claims are distinct from ordinary sex discrimination claims, although the two may arise from the same employment circumstances.

5.6 Contract Workers and Employment Agencies

The Act also extends protection to individuals working under certain arrangements that do not constitute conventional employment.

Contract workers may be protected against discrimination by the organisation for which they perform work.

Employment agencies must also comply with the statutory prohibitions when providing services, arranging employment or making recruitment decisions.

The existence of an intermediary therefore does not necessarily remove the protection afforded by the Equality Act.

6. The Public Sector Equality Duty

Section 149 establishes the Public Sector Equality Duty (PSED).

It requires public authorities and organisations exercising relevant public functions to have due regard to three statutory objectives:

1. Eliminating discrimination, harassment, victimisation and other prohibited conduct.
2. Advancing equality of opportunity between people who share a relevant protected characteristic and those who do not.
3. Fostering good relations between people who share a relevant protected characteristic and those who do not.

The duty applies when public authorities exercise their functions, including policy development, decision-making, service delivery and resource allocation.

6.1 Advancing Equality of Opportunity

The second objective requires public authorities to consider how they can remove or minimise disadvantages experienced by people sharing protected characteristics.

It may also require consideration of different needs and participation barriers.

For example, a local authority planning a public transport service may need to consider accessibility for disabled passengers and the practical effect of its arrangements on different groups.

6.2 Fostering Good Relations

The third objective concerns relations between people who share protected characteristics and those who do not.

It includes consideration of prejudice and the promotion of understanding between different groups.

Public authorities may therefore take equality considerations into account when designing educational, community and public engagement programmes.

6.3 Due Regard

The duty is one of due regard rather than an absolute requirement to achieve a particular equality outcome.

The authority must give proper and timely consideration to the relevant equality implications when exercising its functions.

The assessment must be genuine and sufficiently informed. It cannot simply be treated as an administrative formality completed after a decision has already been made.

The courts have examined the duty in several important decisions, including R (Brown) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin) and Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1345.

These decisions emphasise the importance of conscious, informed consideration of equality implications during the decision-making process.

6.4 Specific Duties in England and Wales

The Equality Act permits the introduction of specific duties intended to support compliance with the general duty.

The Equality Act 2010 (Specific Duties) Regulations 2011 apply in England and establish requirements concerning the publication of equality information and equality objectives for specified public authorities.

Wales has a separate set of specific duties under the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011.

These duties reflect the devolved institutional arrangements and the distinct statutory framework applicable to Welsh public authorities.

The distinction is important when analysing public sector equality compliance in England and Wales.

Principal legislation and further reading

Primary legislation

• Equality Act 2010 – Full legislation
• Section 4 – Protected characteristics
• Section 13 – Direct discrimination
• Section 19 – Indirect discrimination
• Section 20 – Duty to make adjustments
• Section 26 – Harassment
• Section 27 – Victimisation
• Section 149 – Public Sector Equality Duty

Official guidance

• Equality and Human Rights Commission
• GOV.UK – Equality Act 2010 guidance
• ACAS – Discrimination and the law
• EHRC – Equality Act FAQs

Important judicial authorities

• Coleman v Attridge Law (C-303/06) – discrimination by association.
• Grainger plc v Nicholson [2010] ICR 360 – philosophical belief.
• Archibald v Fife Council [2004] UKHL 32 – reasonable adjustments and redeployment.
• Essop v Home Office [2017] UKSC 27 – indirect discrimination.
• Griffiths v Secretary of State for Work and Pensions [2015] EWCA Civ 1265 – reasonable adjustments and absence management.
• Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 – injury-to-feelings compensation.
• For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 – interpretation of sex under the Equality Act 2010.

Jurisdictional note: This article focuses on England and Wales. The Equality Act 2010 generally applies across Great Britain, including Scotland, but Northern Ireland has a separate equality-law framework. Legislative position stated as at 31 October 2026.

Editorial note: The article distinguishes the statutory protection for sex from the separate protection for gender reassignment, particularly in light of the Supreme Court’s 2025 judgment. This is an important distinction to preserve in the encyclopedia.

The principal sources for checking the statutory framework are the revised Equality Act 2010, the Supreme Court judgment in For Women Scotland, and the EHRC guidance. legislation.gov.uk+3