The Equality Act 2010 is the main discrimination statute in Great Britain. Section 217 provides that it forms part of the law of England and Wales and, apart from two provisions, of Scotland. Northern Ireland has separate discrimination law, so this guide is limited to England, Wales and Scotland.
The protected characteristics
Section 4 lists nine protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. GOV.UK says race includes colour, nationality and ethnic or national origin, and that the Act protects people at work, in education, as consumers, when using public services, when buying or renting property and as members or guests of private clubs and associations.
GOV.UK also says protection extends to people associated with someone who has a protected characteristic, such as a family member or friend, and to people who have complained about discrimination or supported someone else’s claim.
Four types of unlawful treatment
GOV.UK describes four forms. Direct discrimination is treating someone with a protected characteristic less favourably than others. Indirect discrimination is putting rules or arrangements in place that apply to everyone but put people with a protected characteristic at an unfair disadvantage. Harassment is unwanted behaviour linked to a protected characteristic that violates dignity or creates an offensive environment. Victimisation is treating someone unfairly because they complained about discrimination or harassment.
The guidance adds that specific rules or arrangements can be lawful if they can be justified, and that voluntary positive action is legal where people with a protected characteristic are at a disadvantage, have particular needs or are under-represented.
Discrimination at work
GOV.UK says the law covers recruitment, terms and conditions, pay and benefits, promotion and transfer, training, dismissal and redundancy. Some differences in treatment are permitted where they are needed for the way an organisation works, for example a faith school limiting admission to pupils of its faith. For disability, employers should make reasonable adjustments, such as accessible application forms, extra time in aptitude tests or suitable facilities and equipment.
GOV.UK also lists unfair treatment because of trade union membership or non-membership, or because of being a fixed-term or part-time worker, as separate forms of protection outside the nine characteristics. Where informal steps fail, an employee may be able to take a discrimination claim to an employment tribunal.
Ways to complain
GOV.UK sets out the options: complain directly to the person or organisation, use mediation or another form of alternative dispute resolution, or make a claim in a court or tribunal. Employees are advised to try to sort a problem out informally with the employer first, then to speak to Acas, Citizens Advice or a trade union representative. The Equality Advisory Support Service gives advice, and legal aid may be available to eligible people through Civil Legal Advice.
Time limits
Section 123 says an employment tribunal complaint may not be brought after the end of three months starting with the date of the act complained of, or such other period as the tribunal thinks just and equitable. Section 118 sets six months for county court claims (or the sheriff in Scotland) in the other areas covered by the Act, again with a just and equitable extension. In both sections, conduct extending over a period is treated as done at the end of the period, and a failure to do something is treated as occurring when the person decided on it.
Section 140B extends the three-month tribunal limit where Acas early conciliation is used: the period between contacting Acas and receiving the certificate is not counted, and the limit cannot expire earlier than one month after the certificate is received. Because these limits run from the date of the act, the dates of individual incidents matter, and anyone approaching a deadline should get advice on how the limit applies to their case.
FAQs
Does the Equality Act apply in Northern Ireland?
Section 217 makes the Act part of the law of England and Wales and, with two exceptions, Scotland. Northern Ireland has its own discrimination law.
Is a rule that applies to everyone ever discriminatory?
Yes. GOV.UK says indirect discrimination covers rules that apply to everyone but disadvantage people with a protected characteristic, unless they can be justified.
Are friends and family members of a protected person covered?
GOV.UK says protection extends to people associated with someone who has a protected characteristic, for example a family member or friend.
Is helping a disadvantaged group ever lawful?
Yes. GOV.UK says positive action is legal where people with a protected characteristic are at a disadvantage, have particular needs or are under-represented.
How long is there to bring a tribunal claim?
Section 123 sets three months from the date of the act, or another period the tribunal thinks just and equitable, and section 140B can extend the limit where early conciliation is used.
Bottom line
The Equality Act 2010 gives protection in Great Britain across nine characteristics and four forms of unlawful treatment, in work and beyond. Informal resolution is encouraged, but tribunal and county court time limits of three and six months are short, so dates need to be recorded early. This article is general information, not legal advice; the Equality Advisory Support Service, Acas or a solicitor can advise on a specific situation.
Sources
- GOV.UK, “Discrimination: your rights”
- legislation.gov.uk, “Equality Act 2010, section 4: The protected characteristics”
- legislation.gov.uk, “Equality Act 2010, section 118: Time limits”
- legislation.gov.uk, “Equality Act 2010, section 123: Time limits”
- legislation.gov.uk, “Equality Act 2010, section 140B: Extension of time limits to facilitate conciliation before institution of proceedings”
- legislation.gov.uk, “Equality Act 2010, section 217: Extent”
