Equality Act 2010: your essential guide to UK rights

The Equality Act 2010 is the main anti-discrimination law in England, Wales and Scotland. It protects you when you apply for work, on the job and in other parts of daily life. Being passed over for shifts because of your race or refused a reasonable disability adjustment can be unlawful.

Equality Act 2010 summary: the key points

The Equality Act 2010 brought older discrimination laws together. Its main provisions took effect on 1 October 2010. Here is what it does for you:

• Protects against unlawful discrimination. An employer’s decisions about hiring, shifts, pay or dismissal must not unlawfully discriminate because of a protected characteristic.
• Covers more than deliberate prejudice. A rule applied to everyone can still be indirect discrimination if it disadvantages a protected group and you, and cannot be justified.
• Requires reasonable adjustments for disability. Depending on the job and disadvantage, that might mean altered hours, accessible equipment or a different interview format.
• Protects you when you speak up. Punishing you for making or supporting an Equality Act complaint can be victimisation.
• Reaches beyond work. It also covers services and public functions, premises, education and associations. The protection and claim route depend on the setting.

The Act does not make every unfair decision unlawful discrimination. Identify what happened, which protection may apply and what evidence you have. A policy promising equality is not enough if the employer ignores discrimination in practice.

What does the Equality Act 2010 include? The nine protected characteristics

Section 4 names nine characteristics. Check the setting as well as the characteristic. The protection differs between work, services and other settings.

In April 2025 the Supreme Court held that “sex” in this Act means biological sex, even where a person has a Gender Recognition Certificate. Protection against gender reassignment discrimination remains. The Equality and Human Rights Commission (EHRC) has since issued a statutory services code. You may need specialist advice on how it applies to a particular workplace or service. See trans rights at work.

How does the Equality Act 2010 protect your age?

Age protection at work covers younger and older people. For example, rejecting an otherwise qualified applicant because of their age can be direct age discrimination. Unlike other forms of direct discrimination, direct age discrimination has a general justification defence: the employer must show the treatment is a proportionate way to achieve a legitimate aim. An age-related decision is not automatically lawful just because the employer calls it a business need.

The setting matters. Age protection in services and public functions generally covers adults aged 18 or over; that is not the age limit for workplace protection.

What discrimination does the Equality Act 2010 ban?

Direct discrimination: worse treatment because of who you are

If an employer rejects a qualified applicant because of his religion, that is direct discrimination: less favourable treatment because of a protected characteristic. The comparison may be with a real or hypothetical person. Direct age discrimination has the justification defence explained above; other statutory exceptions may apply in particular situations. See section 13.

Indirect discrimination: a rule that shuts you out

A rule that looks neutral can still shut people out. Suppose 85% of men but only 60% of women can comply with a full-time-only shift rule, and a particular woman cannot. The rule may put women and her at a particular disadvantage. The employer must show it is a proportionate way to achieve a legitimate aim to defend it. Since January 2024, section 19A also protects someone who does not share the characteristic but suffers the same disadvantage.

Disability discrimination and reasonable adjustments

Disciplining someone for disability-related absences can be discrimination arising from disability. The employer can defend the treatment if it is proportionate to a legitimate aim, or if it neither knew nor could reasonably have known of the disability (section 15). A separate duty to make reasonable adjustments applies where a rule, physical feature or missing aid places a disabled person at a substantial disadvantage. Altered hours for a care worker, accessible equipment in a warehouse or a different interview format might be reasonable. See reasonable adjustments at work.

Harassment and victimisation: abuse and punishment for speaking up

Not every insult is unlawful, but harassment is not harmless “banter”. The test is unwanted conduct related to a relevant characteristic which violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment covers unwanted conduct of a sexual nature. Penalising you for making or supporting an Equality Act complaint, or doing another protected act, is victimisation. Read section 26 and section 27; see also bullying at work.

Pregnancy, maternity and breastfeeding

Pregnancy and maternity discrimination have their own provisions. Breastfeeding is expressly covered in services under section 17; since the 1 January 2024 amendments, less favourable treatment because a woman is breastfeeding can also be direct sex discrimination at work under section 13(6)(a). Pregnancy discrimination at work explains the separate protected-period rules.

Who does the Equality Act protect at work?

It protects job applicants, employees and many people contracted personally to do work, including people without an employee contract. The test is in section 83. Agency workers can have a claim against the organisation they are sent to work for under section 41. Treatment after you leave can also be covered where it arises out of and is closely connected to the job.

Someone running an independent business without an obligation to do the work personally will not ordinarily be protected as staff, though they may have rights as a customer. Check whether you are an employee, worker or self-employed. Men can bring claims too: protection is not limited to women or minority groups.

What must your employer do under the Equality Act?

Your employer must not unlawfully discriminate in recruitment, work allocation, terms, promotion or dismissal. It must also make reasonable adjustments where the disability rules require them. These duties concern your actual treatment, not whether the staff handbook uses the right words.

Your employer can be liable for discrimination by staff in the course of employment. Under section 109, it has a defence if it shows it took all reasonable steps to prevent the act. A policy on a shelf is not enough by itself.

Prevent sexual harassment before it happens

Since 26 October 2024, section 40A requires employers to take reasonable steps to prevent sexual harassment of employees in the course of employment. The EHRC can enforce the duty. If an employment tribunal upholds a sexual-harassment claim and finds the employer breached this duty, it can increase the compensation by up to 25% under section 124A. There is no standalone individual damages claim just for breach of the preventative duty. Acas has practical prevention guidance.

Respect your rights when hiring and discussing pay

Before offering you a job, an employer generally cannot ask health questions under section 60. Exceptions include arranging an assessment adjustment or establishing whether you can do a function intrinsic to the role. Asking a prohibited question is normally for the EHRC to enforce, not a standalone tribunal award; discriminatory use of your answer may support a claim.

A pay-secrecy clause cannot stop relevant pay discussions to find out whether pay is discriminatory. If you suspect unequal pay, the contract’s wording does not settle your rights.

Positive action is limited. Sections 158 and 159 allow measures such as targeted mentoring and, in tightly defined circumstances, a recruitment or promotion tie-break between equally qualified candidates. They do not allow automatic preference. Genuine occupational requirements are a narrow exception to discrimination rules; customer preference alone is not enough.

Does the Equality Act cover equal pay?

Equal pay compares the contractual terms of a woman and a man doing like work, work rated equivalent or work of equal value. Chapter 3 of Part 5 implies an equality clause into the contract. The employer can rely on a material factor explaining a difference only if it meets the statutory test; a comparator can work elsewhere if terms are attributable to a single source. A tribunal equal-pay claim normally has a six-month limit beginning with the last day of employment, rather than the discrimination clock from the date of an act (section 129). Different rules apply to stable-work, concealment and incapacity cases.

Check the equal pay claim rules rather than assuming the ordinary discrimination deadline applies.

A gender pay gap compares average pay across a workforce. It does not tell you whether your job and a particular colleague’s have equal terms. Private and voluntary employers in Great Britain with at least 250 employees must publish pay-gap reports; public-authority rules differ. Use the figures to ask questions, not as proof that your own pay is lawful or unlawful. See GOV.UK’s reporting guidance and our reporting guide.

How do you challenge discrimination, and what is the deadline?

For workplace discrimination in Great Britain, the usual route is Acas early conciliation followed, if necessary, by an employment tribunal. Start with these steps. Your employer’s grievance process does not stop the tribunal clock.

1. Check your deadline today. For workplace discrimination where the relevant act occurred before 1 October 2026, the usual tribunal limit is three months minus a day; for an act on or after that date, it is six months minus a day. The transition comes from SI 2026/954. The general court limit for services, premises and education is six months minus a day (section 118). Equal pay has its separate deadline described above. Put the date in your phone now.
2. Save what happened and contact Acas. After a shift, make a dated note of the words, actions, people present and any lost hours or pay. Keep rota screenshots, messages and payslips somewhere your employer cannot access. A workplace grievance may help resolve the issue, but it does not pause the legal clock. For most tribunal claims, notify Acas for early conciliation before filing. Timely notification pauses the clock while conciliation runs. Check Acas’s time-limit guidance for the exact calculation.
3. Get a person on your side. Ask your union for help: Unite covers many hospitality, retail and logistics workers; UNISON represents many care and health workers; GMB also organises across these sectors. If you are not a member, try Citizens Advice or a local law centre. If discrimination continues or an employer is failing its duties, report it to the EHRC. If conciliation does not resolve a work dispute, file in the tribunal; no tribunal issue fee is payable. An Equality Act discrimination award can include financial loss and injury to feelings, without a statutory compensation cap. For procedure, see employment tribunal claims.

Where does an Equality Act complaint go?

Workplace claims usually go to an employment tribunal. Services, premises and education claims generally go to the County Court in England and Wales or the Sheriff Court in Scotland. An unlawful act by a public authority may itself give rise to a claim, but a breach of the public sector equality duty alone does not create a personal compensation claim.

What compensation can you claim?

For claims presented on or after 6 April 2026, the ninth Presidential Guidance addendum puts injury-to-feelings awards in a lower band of £1,300-£12,600, a middle band of £12,600-£37,700, and an upper band of £37,700-£62,900; exceptional cases can exceed £62,900. These are guides, not automatic payouts, and are separate from lost earnings. Suppose a sexual-harassment award is £16,000 for injury to feelings plus £8,000 for financial loss. A proven breach of section 40A could add up to 25% of £24,000. That is up to £6,000, making a total of up to £30,000 in this example.

What does the public sector equality duty mean for you?

Public authorities listed in the Act, and others exercising public functions, must have due regard to eliminating prohibited conduct, advancing equality of opportunity and promoting good relations under section 149. This is an additional duty, not a replacement for your protection against discrimination at work.

A breach of the general duty alone does not entitle you to damages. The EHRC may enforce it, or a decision may be challenged by judicial review. See what the EHRC can do. Public-body reporting duties differ in Scotland; the EHRC’s Scottish guidance explains them. Scotland also has the Fairer Scotland Duty, in force since 1 April 2018; the Act’s socio-economic duty has not been brought into force in England.

Does the Equality Act 2010 apply across the UK?

It applies in England, Wales and Scotland, but not Northern Ireland. In Scotland, non-employment cases normally go to the Sheriff Court rather than the County Court, and standard equal-pay arrears reach back five years rather than six. The separate extension for Scottish employment contract tribunal claims is scheduled for 9 November 2026; that does not delay the Equality Act discrimination extension.

The Equality Act 2010 does not apply in Northern Ireland. Protection comes instead from laws including the Sex Discrimination (Northern Ireland) Order 1976, the Disability Discrimination Act 1995, the Race Relations (Northern Ireland) Order 1997 and the Fair Employment and Treatment (Northern Ireland) Order 1998, which also covers political opinion. The Northern Ireland Act 1998 imposes its own public-sector equality duty under section 75. Work discrimination is generally dealt with by the Industrial Tribunal, or the Fair Employment Tribunal for religious belief and political opinion. Time limits are generally three months, but depend on the claim. The GB 2026 deadline extension does not apply. Read nidirect’s guidance or our Northern Ireland guide.

Equality Act changes: what is in force in 2026?

1. 1 Jan 2024Equality Act amendments in force

   The changes include indirect discrimination by association under section 19A, a wider work-related disability test and breastfeeding protection through direct sex discrimination at work.

2. 26 Oct 2024Preventative harassment duty in force

   Employers must take reasonable steps to prevent sexual harassment; a tribunal can increase compensation by up to 25% when the statutory conditions are met.

3. 16 Apr 2025Supreme Court judgment

   For Women Scotland interprets sex in the Equality Act as biological sex; gender reassignment remains separately protected.

4. 5 Aug 2026New services code takes effect

   The EHRC issued its 2026 code on 14 July; the order bringing it into force and revoking the 2011 code took effect on 5 August. The code concerns services, public functions and associations, not employment.

5. 1 Oct 2026Tribunal discrimination limit extended

   For relevant acts on or after this date, the normal deadline is six months minus a day. Earlier acts retain the former three-month limit.

6. 30 Oct 2026Harassment and equality-representative rights scheduled

   SI 2026/1065 legally fixes this start date for the “all reasonable steps” duty, third-party harassment provisions and ministers’ power to specify prevention steps. Reasonable paid time off for qualifying union equality representatives also starts that day. These changes are not yet in force on this article’s review date; detailed prevention steps require later regulations.

The proposed ethnicity and disability reporting duty is not in force; nor is section 14’s combined-discrimination provision. Check commencement before relying on either.

Equality Act 2010: common questions

Is it called the Discrimination Act 2010 or the Diversity and Equality Act?

The correct name is the Equality Act 2010. If you are searching for anti-discrimination laws or equality legislation covering work in England, Wales or Scotland, this is the main Act to start with. Northern Ireland has separate equality laws.

Is the Equality Act the same as an Employment Rights Act 2010?

No. The discrimination law explained here is the Equality Act 2010. The Employment Rights Act 1996 and other legislation cover rights such as unfair dismissal and pay; the Employment Rights Act 2025 changes some Equality Act rules in phases. For minimum wage, holiday entitlement or notice periods, use our guide to employment rights law. One dismissal can breach both discrimination and employment-rights rules.

How long do you have for an Equality Act workplace discrimination claim?

Usually six months minus a day for an act on or after 1 October 2026, or three months minus a day for an earlier act. Acas early conciliation affects the calculation if you notify Acas in time. Equal pay has different starting rules; Northern Ireland has different legislation. Do not wait for your employer to finish a grievance or appeal.

Do you need someone else to compare your treatment with?

Not always. Direct discrimination often compares treatment with a real or hypothetical person; equal pay normally requires a comparator doing equal work. Harassment, victimisation, discrimination arising from disability and reasonable-adjustment claims do not use that same comparator test.

Did the 2025 Supreme Court ruling remove trans protection?

No. It interpreted “sex” as biological sex for Equality Act purposes. Gender reassignment remains a separate protected characteristic. How the ruling applies to particular facilities or workplace policies needs case-specific assessment.

Sources

1. Equality Act 2010, legislation.gov.uk
2. SI 2026/954: tribunal time-limit commencement and transition, legislation.gov.uk
3. Employment tribunal time limits, Acas
4. Ninth Vento bands addendum, 30 March 2026, Employment Tribunal Presidents
5. Section 40A: employer duty to prevent sexual harassment, legislation.gov.uk
6. Employment Rights Act implementation timetable, GOV.UK
7. For Women Scotland [2025] UKSC 16, UK Supreme Court
8. Ruling and 2026 services code update, EHRC
9. Gender pay-gap reporting guidance, GOV.UK
10. Specific public-sector equality duties in Scotland, EHRC
11. Diversity and discrimination in Northern Ireland, nidirect
12. New TUC poll: 2 in 3 young women have experienced sexual harassment, bullying or verbal abuse at work, TUC
13. Tribunals statistics quarterly: October to December 2025, Ministry of Justice
14. SI 2026/1065: Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026, regulations 3 and 8, legislation.gov.uk
15. Employment Rights Act 2025, sections 20-22 and 65 (as enacted), legislation.gov.uk