Equality Act 2010: Employer's Guide
Understanding the Equality Act for employers. Protected characteristics, types of discrimination, reasonable adjustments, and avoiding claims.
The Equality Act 2010 is the main legislation protecting employees from discrimination. Understanding it helps you treat employees fairly and avoid claims.
The Protected Characteristics
The Nine Characteristics
Discrimination is unlawful if based on:
- Age: Any age or age group
- Disability: Physical or mental impairment with substantial, long-term effect on daily activities
- Gender reassignment: Proposing to, undergoing, or having undergone gender transition
- Marriage and civil partnership: Being married or in civil partnership (limited protection)
- Pregnancy and maternity: Pregnancy and related illness, maternity leave period
- Race: Colour, nationality, ethnic or national origin
- Religion or belief: Any religion, belief, or lack of belief
- Sex: Being male or female
- Sexual orientation: Heterosexual, homosexual, or bisexual
Types of Discrimination
Direct Discrimination
Treating someone less favourably because of a protected characteristic.
Example: Not promoting someone because they're pregnant.
No justification: Direct discrimination cannot be justified (except for age, with objective justification).
Indirect Discrimination
A policy, criterion, or practice that:
- Applies to everyone
- Puts people with a protected characteristic at particular disadvantage
- Puts the individual at that disadvantage
- Cannot be objectively justified
Example: Requiring all staff to work late, disadvantaging those with childcare responsibilities (indirect sex discrimination if women disproportionately affected).
Can be justified: If you can show it's a proportionate means of achieving a legitimate aim.
Harassment
Unwanted conduct related to a protected characteristic that:
- Violates someone's dignity, OR
- Creates an intimidating, hostile, degrading, humiliating, or offensive environment
Example: Making jokes about someone's religion.
Also covers: Sexual harassment and less favourable treatment for rejecting or submitting to harassment.
Victimisation
Treating someone badly because they:
- Made or supported a discrimination complaint
- Gave evidence in discrimination proceedings
- Did anything related to the Equality Act
Example: Not giving a reference because employee brought a discrimination claim.
Disability Discrimination
Definition of Disability
A physical or mental impairment that:
- Has a substantial adverse effect
- On ability to carry out normal day-to-day activities
- Is long-term (12 months or more, or likely to be)
Includes: Many conditions, including mental health conditions, HIV, cancer, multiple sclerosis.
Types Specific to Disability
Discrimination arising from disability:
- Treating someone unfavourably because of something arising from their disability
- Not justified as proportionate means to legitimate aim
Example: Dismissing someone for absence caused by their disability.
Failure to make reasonable adjustments:
- Not taking steps to remove disadvantage
- Where you know or should know about disability
Reasonable Adjustments
The Duty
You must make reasonable adjustments where:
- A provision, criterion, or practice
- A physical feature
- The absence of an auxiliary aid
...puts a disabled person at substantial disadvantage.
Examples of Adjustments
- Modified equipment or workstation
- Changed working hours or patterns
- Reallocated duties
- Changed location of work
- Additional time for tasks
- Mentoring or support
- Training for colleagues
- Allowing time off for treatment
What's "Reasonable"?
Consider:
- Effectiveness of the adjustment
- Practicability
- Cost
- Your resources
- Availability of financial assistance
- Impact on other employees
Anticipatory Duty
For service providers (less applicable to employment): Must anticipate needs of disabled people generally.
For employers: Duty triggered when you know or should know about individual's disability.
Pregnancy and Maternity
Enhanced Protection
During "protected period" (pregnancy to end of maternity leave):
- Any unfavourable treatment because of pregnancy/maternity is discrimination
- No need to compare with how others are treated
- No justification defence
What's Protected
- Pregnancy itself
- Pregnancy-related illness
- Maternity leave
- Breastfeeding needs
Common Issues
- Redundancy selection during maternity leave (enhanced rights)
- Not offering promotion to pregnant employee
- Performance management for pregnancy-related absence
- Failing to carry out risk assessments
Recruitment
Lawful Practices
- Select on merit
- Ask only job-related questions
- Apply criteria consistently
- Consider reasonable adjustments
Unlawful Practices
- Asking about disability/health before job offer (with limited exceptions)
- Rejecting because of pregnancy
- Age limits without objective justification
- Questions about marriage/family plans
Positive Action
Can take action to:
- Encourage applications from under-represented groups
- Provide training/support for under-represented groups
- Use protected characteristic as "tie-breaker" between equally qualified candidates
During Employment
Equal Treatment
Must not discriminate in:
- Terms and conditions
- Access to training
- Promotion opportunities
- Benefits
- Discipline and grievance handling
Pay Equality
Equal pay for equal work (same, equivalent, or of equal value) regardless of sex.
Flexible Working
Consider requests properly - blanket refusal could be indirect discrimination.
Dismissal
Discrimination in Dismissal
Unlawful to dismiss because of protected characteristic:
- Direct: "We're letting you go because you're pregnant"
- Indirect: Policy that disadvantages protected group
- Arising from disability: Dismissing for disability-related absence
Redundancy
Selection criteria must not discriminate:
- LIFO (last in, first out) alone may discriminate on age
- Attendance criteria may discriminate against disabled employees
- Flexibility criteria may discriminate against women
Harassment
Your Liability
You're liable for harassment by:
- Managers
- Colleagues
- Possibly third parties (if you fail to take reasonable steps)
Defence
Defence if you took all reasonable steps to prevent the harassment.
Handling Complaints
- Take seriously
- Investigate promptly
- Take appropriate action
- Protect complainant from victimisation
Claims and Remedies
Time Limit
3 months less one day from the act complained of.
Continuing discrimination: Time runs from last act.
Remedies
- Declaration of rights
- Compensation (uncapped for discrimination)
- Recommendations
No Qualifying Period
No minimum service required for discrimination claims (unlike unfair dismissal).
Avoiding Discrimination Claims
Policies and Training
- Equal opportunities policy
- Anti-harassment policy
- Manager training
- Regular review of practices
Decision Making
- Document reasons for decisions
- Apply criteria consistently
- Consider protected characteristics impact
- Seek advice when unsure
Reasonable Adjustments
- Be proactive
- Listen to employees
- Explore options
- Document what you've considered
Common Scenarios
Scenario 1: Interview Questions
Risky: "Are you planning to have children?"
Better: Don't ask. Assess ability to do the job.
Scenario 2: Disability Disclosure
Employee discloses mental health condition.
Action: Discuss adjustments, don't assume capability, follow reasonable adjustments duty.
Scenario 3: Age-Related Comment
Manager says team needs "young blood."
Risk: Age discrimination, harassment.
Action: Address with manager, check selection criteria.
Scenario 4: Religious Accommodation
Employee requests Fridays off for prayer.
Action: Consider request, explore if can accommodate, indirect discrimination if blanket refusal without justification.
Checklist
Recruitment
- Job descriptions focus on requirements
- No prohibited pre-employment health questions
- Interview questions job-related
- Consider reasonable adjustments for interviews
- Selection based on merit
Employment
- Equal opportunities policy in place
- Training for managers
- Reasonable adjustments considered
- Policies reviewed for indirect discrimination
- Complaints taken seriously
Dismissal
- Reason not connected to protected characteristic
- Redundancy criteria non-discriminatory
- Reasonable adjustments explored (disability)
- Decision documented
Related answers
Disciplinary Procedure Steps UK
A step-by-step guide to running a fair disciplinary procedure in the UK. Follow these steps to stay ACAS-compliant and reduce your tribunal risk.
Employment Tribunal Claims: Employer's Guide
What to do when an employee makes a tribunal claim. Understand the process, time limits, costs, and how to defend claims or settle through ACAS.
Reasonable Adjustments for Mental Health at Work
Your legal duty to make reasonable adjustments for employees with mental health conditions. What qualifies, examples of adjustments, and the process to follow.
Frequently Asked Questions
- What are the protected characteristics under the Equality Act?
- There are nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination based on any of these is unlawful.
- What is indirect discrimination?
- Indirect discrimination occurs when a policy, criterion, or practice applies to everyone but particularly disadvantages people with a protected characteristic, and you cannot objectively justify it. For example, requiring all staff to work Saturdays could indirectly discriminate against those whose religion prohibits Saturday work.
- What reasonable adjustments must I make for disabled employees?
- You must make reasonable adjustments where a disabled person is at a substantial disadvantage compared to non-disabled people. This might include modifying equipment, changing working hours, reallocating duties, or providing additional support. What's 'reasonable' depends on factors like cost, practicality, and business size.