Equality Act 2010

This is a very brief overview of the Act.

This came in to force on 1st October 2010. It replaces a number of pieces of equalities legislation for England, Scotland and Wales.

The Act covers discrimination in the following areas:

  • Age,
  • Disability,
  • Gender reassignment,
  • Marriage and civil partnership,
  • Pregnancy and maternity,
  • Race,
  • Religion or Belief,
  • Sex and sexual orientation.

The above are described as “protected characteristics” with this web site focusing on “disability”.

The Act applies in many areas with a few exceptions, but can be found in the following areas:

  • Employment and other areas of work,
  • Education,
  • Housing,
  • Providing services,
  • Exercising public functions and
  • Clubs/associations.

The Act brings in different types of discrimination, these are:

  • Direct – one person treat another less favourably than they would have or are treating others because of their disability. A person with a severe facial disfigurement is refused service in a pub because of their disfigurement; this could bring a claim of direct discrimination.
  • Indirect – this requires all users of a service to use it the same way, but takes no account of disabled people. For example, only allowing people to ring up to make an appointment, indirectly discriminates against people who have no speech.
  • Discrimination arising from disability – a person is treated unfavourably because of something arising from the disabled person’s disability. For example, not allowing a blind person to bring their guide dog into a shop, this is not as a result of the loss of sight, but because the dog is required to guide. The dog is a consequence of the loss of sight which is arising from the disability.
  • Harassment – this is unwanted behaviour related to disability. Making fun of a person who has learning difficulties could bring a claim for harassment.
  • Victimisation – to treat someone badly because they have made a complaint about discrimination or harassment.
  • Instructing, causing or inducing discrimination – this is getting another person to do any of the above.

In all of the above, discrimination may be justifiable, but ultimately only a court or tribunal can determine that.

This is a very brief overview of the Equality Act 2010, if you require specific legal advice we recommend that you contact a legal expert.