Equality Act 2010

Equality Act 2010
Short title	Equality Act 2010
Long title	An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.
Statute book chapter	2010 c. 15
Introduced by	Harriet Harman
Territorial extent	England and Wales; Scotland; partly in Northern Ireland
Royal assent	8 April 2010
Commencement	Mostly 1 October 2010
Related legislation	Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995
Status	Current

Equality Act 2010 is a landmark piece of legislation in the United Kingdom that consolidated and streamlined numerous prior anti-discrimination laws. It provides a unified legal framework to protect individuals from unfair treatment and promotes a more equal society. The Act was introduced under the Labour government of Gordon Brown and received Royal Assent in April 2010, with most provisions coming into force that October.

Background and legislative history

The development was driven by a review led by the Equality and Human Rights Commission (EHRC) and a government report, *The Equality Bill – Making it work*, which highlighted the complexity of existing statutes. Key antecedent laws included the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995. The bill was steered through Parliament by then Minister for Women and Equality, Harriet Harman, drawing on principles from European Union directives like the Equal Treatment Directive. It aimed to harmonise protections that had evolved piecemeal over decades, influenced by social movements and rulings from the European Court of Justice.

Main provisions

The legislation consolidates over 100 separate statutes into a single Act, simplifying the legal landscape for businesses, individuals, and the judiciary. It establishes a consistent approach to defining discrimination, harassment, and victimisation across different spheres of life. Key operational areas covered include employment practices within organisations like the National Health Service, access to services provided by entities such as Transport for London, and the management of premises, including those owned by local authorities like Birmingham City Council. It also introduced new concepts like the public sector equality duty, applying to bodies including the Metropolitan Police Service.

Protected characteristics

The Act defines nine specific personal characteristics protected from discrimination. These are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The definition of disability aligns with guidance from the World Health Organization and includes conditions like those covered by the Mental Health Act 1983. The characteristic of gender reassignment marked a significant evolution from previous law, while protections for religion or belief encompass faiths recognised by institutions like the Church of England and non-belief systems.

Prohibited conduct

It explicitly prohibits direct discrimination, indirect discrimination, harassment, and victimisation. It also outlaws discrimination by association or perception, such as discrimination against someone because they have a disabled family member. The Act covers conduct in the workplace, including recruitment by firms like BP, in education at institutions like the University of Oxford, and in the provision of services by companies such as British Telecommunications. Specific provisions address pay secrecy clauses and require reasonable adjustments for disabled persons, a duty that applies to venues like Wembley Stadium.

Enforcement and remedies

Primary enforcement is through the employment tribunals system and the county courts in England and Wales. The Equality and Human Rights Commission holds significant powers to conduct inquiries, issue compliance notices, and enforce the public sector equality duty. Individuals who succeed in claims can be awarded compensation, akin to damages in tort law, and may receive recommendations for the respondent to take action. Strategic cases are often supported by organisations like Liberty or Stonewall. Appeals on points of law can be made to the Employment Appeal Tribunal and higher courts.

Impact and criticism

The Act has significantly influenced organisational policies across the United Kingdom, including within the Civil Service and major corporations like Tesco. It has shaped high-profile legal cases, such as those involving Asda and Uber. Critics, including some members of the Conservative Party and think tanks like the Institute of Economic Affairs, have argued it creates bureaucratic burdens for small businesses. Some disability rights campaigners and groups like the Fawcett Society have criticised perceived enforcement gaps and the slow progress on mandatory gender pay gap reporting for large employers. Its intersection with Brexit and the subsequent review of retained EU law has prompted ongoing debate about its future evolution.

Category:2010 in British law Category:United Kingdom Acts of Parliament 2010 Category:Anti-discrimination law in the United Kingdom