Overview The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone. Find out more about who is protected from discrimination, the types of discrimination under the law and what action you can take if you feel you’ve been unfairly discriminated against.
Discrimination: making a complaint Before the Act came into force there were several pieces of legislation to cover discrimination, including:
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Discrimination Act 1995
If you wish to complain about possible unlawful treatment there are 2 separate processes, depending on when it happened.
Complaints: before October 2010 If you were subjected to unlawful treatment (eg discrimination, harassment or victimisation) before 1 October 2010, the Equality Act won’t apply. Instead, you’ll be covered by the legislation that was in force at the time. For example, if you experienced race discrimination on 30 September 2010 and want to make a complaint or bring legal proceedings, the Race Relations Act 1976 will apply, not the Equality Act. This is also true of any legal proceedings. They will go ahead according to the legislation under which they were brought, even if they may have continued after 1 October 2010.
Complaints: after October 2010 If you were subject to unlawful treatment on or after 1 October 2010, the Equality Act applies. For example, if you experienced sex discrimination on 30 September 2010, which continued until 2 October 2010, the Equality Act will apply, not the Sex Discrimination Act. Find out more about how to complain about unlawful treatment in the Discrimination: your rights guide.
Equality Act provisions: commencement dates To allow people and organisations enough time to prepare for the new laws, the provisions of the Act were brought in at different times (known as commencement dates).
October 2010 Equality Act provisions which came into force on 1 October 2010:
the basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions, premi, work, education, associations and transport
changing the definition of gender reassignment, by removing the requirement for medical supervision
providing protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic
clearer protection for breastfeeding mothers
applying a uniform definition of indirect discrimination to all protected characteristics
extending protection against indirect discrimination to disability
introducing the concept of “discrimination arising from disability” to replace protection under previous legislation lost as a result of a legal judgment
applying the detriment model to victimisation protection (aligning with the approach in employment law)
harmonising the thresholds for the duty to make reasonable adjustments for disabled people
extending protection against harassment of employees by third parties to all protected characteristics
making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health
Provisions relating to work
allowing claims for direct gender pay discrimination where there is no actual comparator
making pay secrecy clauses unenforceable
extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment
introducing new powers for employment tribunals to make recommendations which benefit the wider workforce
April 2011 Equality Act provisions which came into force in April 2011:
positive action - recruitment and promotion
public sector Equality Duty (see section below)
Ministers are considering how to implement the remaining provisions in the best way for business and for others with rights and responsibilities under the act. Their decisions will be announced in due course. Equality Act Provisions that the government has decided not to take forward:
public sector duty regarding socio-economic inequalities