A: The Equality Act 2010 brings together a number of existing laws into one place so that it is easier to use. It sets out the personal characteristics that are protected by the law and the behaviour that is unlawful. Simplifying legislation for all of the characteristics covered will help Britain become a fairer society, improve public services, and help business perform well. A copy of the Equality Act 2010 and the Explanatory notes that accompany it can be found on the Home Office website.
A: Everyone in Britain is protected by the Act. The “protected characteristics” under the Act are (in alphabetical order):
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion and belief
Sex
Sexual orientation
A: Under the Act people are not allowed to discriminate, harass or victimise another person because they have any of the protected characteristics. There is also protection against discrimination where someone is perceived to have one of the protected characteristics or where they are associated with someone who has a protected characteristic.
Discrimination means treating one person worse than another because of a protected characteristic (known as direct discrimination) or
putting in place a rule or policy or way of doing things that has a worse impact on someone with a protected characteristic than someone without one, when this cannot be objectively justified (known as indirect discrimination).
Harassment includes unwanted conduct related to a protected characteristic which has the purpose or effect or violating someone’s dignity or which creates a hostile, degrading, humiliating or offensive environment for someone with a protected characteristic.
Victimisation is treating someone unfavourably because they have taken (or might be taking) action under the Equality Act or supporting somebody who is doing so.
Government departments
Service providers
Employers
Education providers (Schools, FHE colleges and Universities)
Providers of public functions
Associations and membership bodies
Transport providers
A: Most of the Equality Act 2010 was already in place in the previous anti-discrimination laws that it replaced. This includes the Race Relations Act 1976, the Sex Discrimination Act 1975, and the Disability Discrimination Act 1995. In total there were nine pieces of primary legislation and over 100 pieces of secondary legislation that were incorporated. Bringing it into one piece of legislation was designed to make the law easier to understand and apply.
As the Act is an amalgamation and harmonisation of existing law, there weren’t many massive changes. Indirect discrimination was extended to apply to disability and gender reassignment for the first time and the prohibition on direct discrimination on grounds of pregnancy and maternity and gender reassignment also applied in schools for the first time. The Act also introduced some new provisions such as the prohibition on discrimination arising from disability.
A: The Government Equalities Office says 90 per cent of the law came into force on 1 October 2010. There are still some provisions of the Act which have not been implemented and it is up to the Government to decide when these parts of the Act will come into force
A: Further information on the Act can be found on our Equality Act 2010 page.
The Equality Act and explanatory notes are on the Home Office website. This government department has also produced a number of quick start guides.