What is the Equality Act 2010?

The Equality Act 2010 is one of the most important and far-reaching pieces of legislation in the United Kingdom, governing equality and anti-discrimination law across England, Wales and Scotland. It came into force in October 2010 after being passed by Parliament earlier that year. Its introduction marked a watershed moment in the history of equality law in the UK, as it brought together and replaced more than nine separate pieces of legislation that had been introduced over the previous decades. Some of the most significant of these included the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995. These earlier laws, though ground-breaking in their own time, had created a fragmented and sometimes confusing legal landscape, with overlapping protections, different definitions of discrimination, and varying standards of enforcement. The purpose of the Equality Act was therefore not only to modernise equality law but also to simplify it, creating a single, clear piece of legislation that would reduce misunderstandings and ensure more consistent protection for individuals and groups who are at risk of discrimination and disadvantage.

The Act’s importance lies in the breadth of its application. It does not only apply to the workplace, though employment law is a central element of it. It also applies across wider society in areas such as the provision of goods and services, access to healthcare, housing, education, transport, and interactions with public bodies, including local authorities and government departments. The Government Equalities Office has described it as one of the most pivotal pieces of UK law because it affects the daily lives of almost everyone. At its heart, the Act seeks to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people from different backgrounds. It recognises that while some individuals may be more vulnerable to discrimination than others, everyone has the right to be treated fairly and with dignity.

In order to achieve its objectives, the Equality Act identifies nine specific “protected characteristics.” These characteristics represent categories of identity or life circumstances that have historically been linked to unfair treatment or disadvantage. By designating them as protected under the law, the Act ensures that individuals who fall into these groups are safeguarded against discrimination, harassment, and victimisation. The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Each of these categories has a particular scope and definition, which helps clarify how the law should be applied in practice.

Age

Age is one of the most wide-ranging protected characteristics. The Act makes it unlawful to discriminate against someone because of their age, whether young or old. This does not mean, however, that age-based distinctions are always prohibited. The Act allows for differences in treatment if they can be objectively justified. For example, laws preventing young people from purchasing alcohol or tobacco, or setting age limits for driving, are lawful because they are deemed necessary for safety or public health reasons. In the workplace, age discrimination can take subtle forms, such as assuming an older worker is less capable of learning new technology, or overlooking younger employees for promotion on the basis that they “lack experience.” The Act protects individuals in both directions, recognising that discrimination can affect people at any point in life.

Disability

Disability is another cornerstone of the Equality Act. The law defines a disability as a physical or mental impairment that has a substantial and long-term effect on a person’s ability to carry out normal day-to-day activities. One of the key achievements of the Act was making it easier for individuals to demonstrate that they are disabled and therefore entitled to protection. Crucially, the Act requires employers and service providers to make “reasonable adjustments” to accommodate the needs of disabled people. This could include providing wheelchair access, offering information in accessible formats such as braille, or adjusting working hours for someone with a chronic health condition. The principle is not only about preventing discrimination but also about promoting inclusion by removing barriers that might prevent disabled people from participating fully in society.

Gender reassignment

Gender reassignment is also protected under the Act. As of 2022, the definition was updated to reflect a broader and more inclusive understanding of gender identity. Under the law, a person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing, or have undergone a process—or part of a process—to reassign their sex. Importantly, the Act no longer requires individuals to be under medical supervision to be recognised as having this characteristic. This means that trans people are protected from discrimination regardless of whether they have undergone medical transition. The protection covers employment, education, and service provision, and makes clear that trans individuals should not be treated less favourably because of their gender identity.

Marriage and civil partnership

Marriage and civil partnership form another category of protection. The Act ensures that people cannot be discriminated against because they are married or in a civil partnership, whether heterosexual or same-sex. This is particularly relevant in workplace contexts where employees might be treated differently because of assumptions about their marital status. While this protection is somewhat narrower than others—it mainly applies in the context of work—it remains an important safeguard for ensuring equality.

Pregnancy and maternity

Pregnancy and maternity represent a distinct protected characteristic, recognising the particular vulnerabilities that women may face during pregnancy and the period following childbirth. Under the Act, a woman cannot be treated unfavourably because she is pregnant or on maternity leave. This protection covers dismissal, promotion opportunities, and conditions of employment. A significant development came in 2021 when breastfeeding was explicitly included under this characteristic, meaning that women cannot be discriminated against for breastfeeding in public or at work. This addition reflects a growing awareness of the practical challenges women face and the importance of safeguarding their rights.

Race

Race has long been a central focus of equality law, and under the Equality Act, it continues to receive robust protection. The Act defines race broadly to include colour, nationality, and ethnic or national origins. This means that discrimination based on skin colour, cultural background, or national identity is unlawful. Racism can manifest in many ways, from overt acts of prejudice and abuse to more subtle forms such as stereotyping or systemic inequalities in hiring and housing. By embedding race as a protected characteristic, the Act reinforces the principle that people should not be treated differently because of their racial identity.

Religion and beliefs

Religion or belief is another category recognised under the Act. This protection covers individuals of any religion as well as those who have no religion. To qualify as a protected belief, however, a system of thought must be serious, cohesive, and have a certain level of significance. This has allowed the courts to protect not only mainstream religions but also certain philosophical beliefs, provided they meet the criteria. For example, beliefs about environmental protection or humanism may be protected if they are deeply held and influence a person’s way of life. Importantly, the Act not only protect the right to hold beliefs but also the right not to be discriminated against for lacking them.

Sex

Sex is another fundamental category. Here, the Act refers to the biological categories of male and female and makes it unlawful to treat someone less favourably on the basis of their sex. This includes discrimination in hiring, pay, promotion, or access to services. While sex and gender reassignment are distinct characteristics under the Act, they both play a critical role in ensuring that people are not disadvantaged because of their identity. Sex discrimination has historically been one of the most persistent forms of inequality, particularly in areas such as employment and education, and the Act continues to provide tools for addressing these disparities.

Sexual orientation

Finally, sexual orientation is a protected characteristic. The Act defines this as a person’s sexual orientation towards people of the same sex, the opposite sex, or both. In practice, this means that lesbian, gay, bisexual, and heterosexual people are all protected from discrimination. The inclusion of sexual orientation reflects the UK’s commitment to protecting the rights of sexual minorities, particularly in the workplace and in access to goods and services. Importantly, this characteristic is distinct from gender reassignment, ensuring that both sexual and gender identity receive appropriate recognition.

The Equality Act 2010 applies across Great Britain, but there are some differences in how it operates in the devolved administrations. Northern Ireland, for example, is not covered by the Act because equality law there is devolved and governed by separate legislation. In Scotland and Wales, however, the Act does apply, with certain additional statutory duties imposed on public bodies. Under Section 153 of the Act, Scottish and Welsh ministers can use secondary legislation to set out specific duties for public authorities. These duties form part of what is known as the Public Sector Equality Duty. This duty requires public authorities not only to avoid discrimination but actively to work towards eliminating it, advancing equality of opportunity, and fostering good relations. It means that public bodies must consider the impact of their policies and practices on different groups and take steps to ensure that they are inclusive.

In practice, the Equality Act 2010 has a profound influence on daily life. Employers must ensure that their recruitment and promotion processes are free from bias. Schools must protect pupils from discrimination and harassment. Healthcare providers must make reasonable adjustments to meet the needs of patients with disabilities. Shops, restaurants, and service providers must not refuse customers on the basis of race, religion, or sexual orientation. Transport providers must ensure accessibility, and public bodies must demonstrate that they are upholding equality in the way they design and deliver services.