Legalize / United Kingdom / Public General Act

Equality Act 2010

Type Public General Act

Publication 2010-04-08

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Socio-economic inequalities

Relationships that have ended

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(1) An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage.

(2) In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued in accordance with subsection (2A).

(2A) The guidance to be taken into account under subsection (2) is—

(a) in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers;

(aa) in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;

(b) in any other case, guidance issued by a Minister of the Crown.

(3) The authorities to which this section applies are—

(a) a Minister of the Crown;

(b) a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters;

(ba) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021;

(d) the Greater London Authority;

(e) a London borough council;

(f) the Common Council of the City of London in its capacity as a local authority;

(g) the Council of the Isles of Scilly;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) a police and crime commissioner established for an area in England.

(3) The authorities to which this section applies are—

(a) the Scottish Ministers;

(b) Food Standards Scotland;

(d) National Records of Scotland;

(e) Revenue Scotland;

(f) Scottish Courts and Tribunals Service;

(g) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(h) an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014;

(i) a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978;

(j) a Special Health Board constituted under section 2(1)(b) of that Act;

(k) Scottish Police Authority;

(l) Highlands and Islands Enterprise;

(m) Scottish Enterprise.

(n) Scottish National Investment Bank p.l.c.;

(o) South of Scotland Enterprise.

(3A) This section also applies to the following authorities—

(a) the Welsh Ministers;

(b) a county council or county borough council in Wales;

(d) an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006;

(e) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006);

(f) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales;

(g) a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales;

(h) the Welsh Revenue Authority or Awdurdod Cyllid Cymru.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999.

Power to amend section 1

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(1) A Minister of the Crown may by regulations amend section 1 so as to—

(a) add a public authority to the authorities that are subject to the duty under subsection (1) of that section;

(b) remove an authority from those that are subject to the duty;

(d) in the case of an authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

(2) In subsection (1) “public authority” means an authority that has functions of a public nature.

(3) Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions.

(4) The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to—

(a) add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section;

(b) remove a relevant authority from those that are subject to the duty;

(c) make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has;

(d) in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction.

(5) For the purposes of the power conferred by subsection (4) on the Scottish Ministers, “relevant authority” means an authority whose functions—

(a) are exercisable only in or as regards Scotland,

(b) are wholly or mainly devolved Scottish functions, and

(6) For the purposes of the power conferred by subsection (4) on the Welsh Ministers, “relevant authority” means a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) whose functions correspond or are similar to those of an authority for the time being specified in subsection (3) of section 1 or referred to in subsection (4) of that section.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Regulations under this section may make any amendments of section 1 that appear to the Minister or Ministers to be necessary or expedient in consequence of provision made under subsection (1) or (as the case may be) subsection (4).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) For the purposes of this Part—

(a) a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

3

A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.

Part 2 — Equality: key concepts

Chapter 1 — Protected characteristics

The protected characteristics

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The following characteristics are protected characteristics—

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

Age

5

(1) In relation to the protected characteristic of age—

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same age group.

(2) A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

Disability

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(1) A person (P) has a disability if—

(a) P has a physical or mental impairment, and

(b) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

(2) A reference to a disabled person is a reference to a person who has a disability.

(3) In relation to the protected characteristic of disability—

(a) a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;

(b) a reference to persons who share a protected characteristic is a reference to persons who have the same disability.

(4) This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—

(a) a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and

(b) a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.

(5) A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).

(6) Schedule 1 (disability: supplementary provision) has effect.

Gender reassignment

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(1) A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

(2) A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

(3) In relation to the protected characteristic of gender reassignment—

(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual person;

(b) a reference to persons who share a protected characteristic is a reference to transsexual persons.

Marriage and civil partnership

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(1) A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

(2) In relation to the protected characteristic of marriage and civil partnership—

(a) a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;

(b) a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.

Race

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(1) Race includes—

(a) colour;

(b) nationality;

(2) In relation to the protected characteristic of race—

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

(3) A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

(4) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

(5) A Minister of the Crown ...—

(a) must by order amend this section so as to provide for caste to be an aspect of race;

(b) may by order amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.

(6) The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

Religion or belief

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(1) Religion means any religion and a reference to religion includes a reference to a lack of religion.

(2) Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

(3) In relation to the protected characteristic of religion or belief—

(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;

(b) a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

Sex

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In relation to the protected characteristic of sex—

(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;

(b) a reference to persons who share a protected characteristic is a reference to persons of the same sex.

Sexual orientation

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(1) Sexual orientation means a person's sexual orientation towards—

(a) persons of the same sex,

(b) persons of the opposite sex, or

(2) In relation to the protected characteristic of sexual orientation—

(a) a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;

(b) a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.

Chapter 2 — Prohibited conduct

Discrimination

Direct discrimination

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(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

(2) If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.

(3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.

(4) If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.

(5) If the protected characteristic is race, less favourable treatment includes segregating B from others.

(6) If the protected characteristic is sex—

(a) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;

(b) in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy , childbirth or maternity.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This section is subject to sections 17(6) and 18(7).

Combined discrimination: dual characteristics

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(1) A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics.

(2) The relevant protected characteristics are—

(a) age;

(b) disability;

(d) race

(e) religion or belief;

(f) sex;

(g) sexual orientation.

(3) For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteristics in the combination (taken separately).

(4) But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not direct discrimination because of either or both of the characteristics in the combination.

(5) Subsection (1) does not apply to a combination of characteristics that includes disability in circumstances where, if a claim of direct discrimination because of disability were to be brought, it would come within section 116 (special educational needs).

(6) A Minister of the Crown may by order amend this section so as to—

(a) make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1);

(b) specify other circumstances in which subsection (1) does not apply.

(7) The references to direct discrimination are to a contravention of this Act by virtue of section 13.

Discrimination arising from disability

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(1) A person (A) discriminates against a disabled person (B) if—

(a) A treats B unfavourably because of something arising in consequence of B's disability, and

(b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

Gender reassignment discrimination: cases of absence from work

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(1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment.

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