The Equality Act 2010 is a fundamental piece of legislation designed to protect individuals from discrimination, ensuring equal opportunities and fair treatment in the workplace and wider society. It consolidates various anti-discrimination laws into one comprehensive framework, making it easier for businesses and individuals to understand their rights and obligations.
What is the Equality Act 2010?
The Act aims to prevent discrimination based on protected characteristics, which include:
- Age – Protects individuals of all ages from discrimination, ensuring fair treatment in employment and services.
- Disability – Covers physical and mental impairments that have a substantial and long-term effect on an individual’s ability to carry out normal daily activities. Employers must make reasonable adjustments.
- Gender reassignment – Protects individuals who are proposing to undergo, are undergoing, or have undergone a process to change their gender.
- Marriage and civil partnership – Ensures individuals in a legally recognised marriage or civil partnership are not discriminated against in employment.
- Pregnancy and maternity – Protects women from discrimination during pregnancy and maternity leave, ensuring they are not unfairly treated due to their condition.
- Race – Includes colour, nationality, and ethnic or national origin, preventing racial discrimination in workplaces and public services.
- Religion or belief – Covers both religious and philosophical beliefs, ensuring individuals are not treated unfairly due to their faith or lack of belief.
- Sex – Ensures equal treatment of individuals regardless of biological sex, addressing workplace disparities and social discrimination.
- Sexual orientation – Protects individuals from discrimination based on their attraction to people of the same sex, the opposite sex, or both.
Employers, service providers, and public bodies must ensure they do not unlawfully discriminate against individuals based on any of these characteristics.
Discrimination and Other Unacceptable Behaviours Covered
The Act outlines several types of discrimination, including:
- What discrimination is – Understanding what constitutes discrimination and its different forms.
- Unfavourable treatment due to pregnancy and maternity – Ensuring that individuals are not disadvantaged due to pregnancy or maternity leave.
- Failure to make reasonable adjustments for disability – Not providing necessary accommodations for disabled individuals can constitute discrimination.
- Disability and discrimination arising from it – Recognising that discrimination can arise due to a disability and ensuring fair treatment.
- Bullying – Addressing and preventing bullying in the workplace.
- Harassment and sexual harassment – Unwanted behaviour that violates dignity or creates an intimidating, hostile, degrading, or offensive environment.
- Stereotyping and prejudice – Challenging assumptions and biases that can lead to unfair treatment.
- Victimisation – Protecting individuals from unfair treatment when they raise concerns about discrimination.
Worker Protection (Amendment of Equality Act 2010) Act 2023
An update to the Equality Act, effective 26 October 2024, introduces a proactive duty for employers to take reasonable steps to prevent sexual harassment in the workplace. This marks a shift from a reactive approach—where employers respond to incidents—to actively ensuring a safe and inclusive work environment.
How You Can Take Action
For Employers:
- Ensure compliance: Regularly review your organisation’s policies and procedures, especially when legislation is updated
- Provide training: Educate your workforce on discrimination, unconscious bias, and harassment prevention.
- Encourage reporting: Establish clear and accessible reporting mechanisms for discrimination concerns.
- Lead by example: Foster a workplace culture that values inclusivity and fairness.
For Employees:
- Know your rights: Familiarise yourself with the Equality Act 2010 and understand how it protects you.
- Speak up: Report any instances of discrimination, bullying, or harassment in the workplace.
- Respect differences: Support an inclusive work environment by being mindful of unconscious bias and respectful of diverse perspectives.
- Stay informed: Keep up to date with workplace policies and equality initiatives.
Why This Matters
Creating a workplace that prioritises equality, fairness, and respect is not just about legal compliance—it also fosters a positive organisational culture, enhances employee wellbeing, and improves productivity. Businesses that go beyond compliance by embedding equality into their values can build a stronger reputation and improve employee engagement.
More information
The Equality and Human Rights Commission 👉 https://www.equalityhumanrights.com/
Our Equality Diversity and Inclusion Awareness course 👉 https://hsqe.co.uk/courses/equality-diversity-inclusion-awareness/
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Author: Alex Nightingale
(c) HSQE Ltd 20/02/25