Equality Act 2010: What HR teams need to know

The Equality Act 2010 was introduced to protect everyone—not just your disabled employees—from discrimination in the workplace. It clearly defines how people should be treated at work, what’s expected from you as employers, and the ramifications of ignoring the law.

In 2024, there were 5.6 million disabled people in employment in the UK, an increase of 360,000 on the previous year. This illustrates impressive and positive strides towards workplace equality—but also highlights the importance of being aware of your employees’ rights and indirect discrimination.

If you’re found to have discriminated against someone who falls under a ‘protected characteristic’, such as their age, gender, or disability, this could lead to legal action being taken against you and your company.

In this guide, we’ll break down the Equality Act 2010 and the key aspects you need to know. From avoiding both direct and indirect discrimination to managing pay and benefits, learn everything you need to know about running a compliant, inclusive work environment.

What is the Equality Act 2010?

The Equality Act 2010 is UK legislation that legally protects people from discrimination in the workplace and wider society. It clearly defines how people should and shouldn’t be treated, stipulates the types of discrimination that are unlawful, and outlines the actions that can be taken against any unfair treatment.

The Act was created in 2010 and consolidated multiple anti-discrimination laws into one piece of legislation. This was to ensure the law was better understood and remained accessible, so employers can clearly understand what’s expected of them.

It was created to encourage equality and equity and discourage unfair treatment, to ensure equal opportunities in the workplace, education system, and society itself. It does this by clearly defining two key aspects:

• Protected characteristics: People are protected from discrimination based on nine protected characteristics. For example, age, gender, and disability.
• Prohibited conduct: The Act makes it illegal to discriminate against people in various ways. For example, direct and indirect discrimination, harassment, and victimisation.

What’s the difference between direct and indirect discrimination?

Direct and indirect discrimination are both types of prohibited conduct set out in the Equality Act 2010. The key differences are:

• Direct discrimination: Treating someone unfairly or less favourably due to a protected characteristic, or who they are. Commonly, this is shown through direct action, with the intent to be discriminatory.
• Indirect discrimination: A policy, rule, or practice that may apply to everyone, but puts some people with certain protected characteristics at a disadvantage. The policy may not have been designed to be discriminatory, but it is so regardless.

Who is protected by the Equality Act 2010?

The Equality Act 2010 clearly defines nine protected characteristics that protect people from discrimination by law. It is unlawful to use any of the following characteristics as the basis for discrimination, both in the workplace and wider society:

• Age: Protects people from discrimination based on their age.
• Disability: Protects people from discrimination based on disabilities.
• Gender affirming surgery: Protects people who have undergone or are planning to undergo surgery to affirm their gender.
• Marriage and civil partnership: Ensures that same-sex couples, and those in civil partnerships, are treated as fairly as heterosexual marriages and partnerships.
• Pregnancy and maternity: Ensures pregnant people and those on maternity leave are not discriminated against because of their circumstances.
• Race: Protects people based on colour, ethnicity, and nationality.
• Religion or belief: Ensures all religions (including not affiliating with a religion) are respected.
• Sex: Protects men and women from discrimination based on biological sex.
• Sexual orientation: Protects people from discrimination based on their sexual orientation.

What is discrimination in the workplace?

Workplace discrimination is when someone is treated unfairly at work based on a protected characteristic, such as their age, gender, or disability. Someone may be discriminated against via a direct action, for example, refusing to hire someone based on their race; or because of an indirect policy that puts people at a disadvantage, such as a mandatory ‘no headwear’ policy that (purposefully or unintentionally) discriminates against religious dress.

There are many ways discrimination in the workplace could present itself, but some examples include:

• Not paying women the same as men for the same role and responsibilities
• Denying a pay rise or a promotion to a pregnant employee
• Displaying unfavourable treatment towards someone based on their sexual orientation
• Rejecting a job candidate because of their disability
• Disciplining an employee after taking an absence due to a mental health problem
• Making jokes or offensive comments at the expense of protected characteristics
• Terminating an employee after they made a discrimination complaint.

Types of discrimination

The Equality Act 2010 sets out 5 types of prohibited conduct—essentially the different types of discrimination that are deemed unlawful. These are:

• Direct discrimination: Treating someone less favourably or fairly due to age, sex, disability, sexual orientation, or any other protected characteristic. An example could be someone being denied a job because of a disability, or not getting a promotion due to pregnancy.
• Indirect discrimination: A policy, rule, or practice that applies to everyone equally, but puts a given group of people with a protected characteristic at a disadvantage.
• Harassment: For example, unwanted or offensive behaviour, including comments targeting a protected characteristic.
• Victimisation: When someone is treated unfairly in response to their having made or supported a discrimination complaint.
• Discrimination by association: The unfair treatment or discrimination of someone due to their association with a person with a protected characteristic.

Are there any exceptions to the Equality Act 2010?

In most cases, there are no exceptions to the Equality Act 2010. However, there are some situations where exceptions may be made, especially if they’re due to specific occupational requirements. Some of these exceptions include:

• In situations where health and safety regulations apply to pregnant women
• If a business or religious organisation prefers someone of their own faith to take on a certain role
• When a role requires someone to have a certain protected characteristic, e.g., hiring a woman for a women’s refuge charity
• If someone is required to be within a certain age group to carry out a job for legal or health and safety reasons, e.g., someone needs to be over 18 to work in a betting shop
• When specific characteristics are required for performance needs, e.g., an actor of a specific ethnicity is needed to fill a role.

The Equality Act 2010 and recruitment

Workplace discrimination isn’t just an issue for current employees; it can also take place in the recruitment process. The Equality Act 2010 also sets out the ways in which it’s illegal to discriminate against prospective employees and candidates. With this in mind, there are a few key things employers should consider throughout the hiring process.

• The types of questions you can ask: You shouldn’t ask any personal questions about prospective employees’ protected characteristics, including whether they have children. You can, however, ask questions to see if any reasonable adjustments need to be made for candidates.
• When you can ask questions about health and disability: You can’t ask questions about an applicant’s health or disability until they’ve been offered a job or have been placed in a pool of successful candidates.
• Whether you can offer or an interview: You cannot deny an interview based on someone’s protected characteristics unless you can show that this is objectively justified. For example, you cannot hire casino staff under the age of 18.
• Recruiting pregnant people, or people on maternity leave: You cannot refuse to employ someone because they are pregnant or on maternity leave, or because of a pregnancy-related illness.

The Equality Act 2010 and working hours

The legislation stipulated in the Act also affects how employers handle flexible working and time off requests. When deciding on the hours an employee should or should not work, employers should not directly or indirectly discriminate and should make reasonable adjustments as required.

Whether they have protected characteristics or not, employees have a legal right to request flexible working arrangements. However, the Equality Act 2010 also states that employees have the right not to be discriminated against—whether directly or indirectly—when making this request.

Keep in mind that it is also considered discrimination if you:

• Refuse a time off request due to a religious holiday, festival, or ceremony because ‘everyone else’ is working
• Treat an employee unfairly due to them taking time off for gender reassignment
• Treat a pregnant employee unfairly due to taking time off for pregnancy, pregnancy-related illness, or miscarriage. This sick leave should be recorded separately and not count towards their overall sickness record.

The Equality Act 2010 and pay and benefits

Avoiding pay discrimination is also an important part of following the Equality Act 2010 as an employer. You need to ensure that all the pay and benefits you do and don’t provide comply with the law. For example, you should consider:

• Why you might be paying someone differently from another person, and whether this can be objectively justified
• Conducting an equal pay audit to ensure you’re paying people accurately and fairly
• Being transparent about people’s salaries, basing them on a bias-free performance evaluation process
• Ensuring transparency about your bonus scheme and how these are decided
• Evaluating the gender pay gap (if it exists) in your business and being transparent about the steps you’re taking to reduce it.

The Equality Act 2010 and facilities

The Equality Act 2010 also sets out regulations relating to the facilities offered by an employer—for example, equipment and office spaces. You should make reasonable adjustments at work to avoid workplace discrimination and ensure all facilities are accessible and safe.

Some ways to do this include providing:

• Private spaces for breastfeeding
• Disabled access, like ramps and stair lifts
• Prayer and worship spaces
• Assistive equipment like screen readers and adjustable desks
• Private changing spaces and locker rooms
• Accessible toilets and washrooms
• Sensory support spaces and quiet rooms.

Foster a thriving culture free of discrimination

As an employer or HR professional, it’s your responsibility to ensure you understand what’s expected of you as per the Equality Act 2010. You should make sure you understand this important piece of UK regulation, not only to avoid legal action as a result of discrimination, but to better support and care for your employees.

If you’re looking for further guidance, head to the gov.uk page on the Equality Act 2010.