Legislation

Equality Act 2010

The Equality Act 2010 consolidates and replaces previous UK anti-discrimination laws, including the Disability Discrimination Act 1995. It establishes nine protected characteristics (including disability), requires reasonable adjustments from employers and service providers, and places a Public Sector Equality Duty on public authorities.

What the law requires

The Equality Act 2010 is the primary UK legislation prohibiting unfair treatment and promoting equal opportunities. It replaced and consolidated multiple previous laws including the Disability Discrimination Act 1995, the Race Relations Act, and the Sex Discrimination Act.

The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Disability under the Equality Act: A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. "Long-term" means 12 months or more, or likely to last that long. Certain conditions are automatically treated as disabilities: cancer, HIV, and multiple sclerosis from diagnosis; and severe disfigurement.

The duty to make reasonable adjustments is central to disability rights under the Act. Employers and service providers must make changes to remove disadvantage for disabled people. This is an anticipatory duty for service providers — they must think in advance about what disabled customers might need, not just react when a disabled person asks. For employers, the duty is triggered when a specific employee's needs are known.

The reasonable adjustment duty covers: changes to provisions, criteria or practices; changes to physical features; and providing auxiliary aids (including assistive technology, large-print materials, or sign language interpreters).

The Public Sector Equality Duty (PSED) requires public authorities (central government, local councils, NHS trusts, schools, universities) to have due regard to: eliminating discrimination; advancing equality of opportunity; and fostering good relations between people with and without protected characteristics. The PSED is a process duty — it requires decision-makers to consider equality impacts, not to achieve specific outcomes.

Prohibited conduct includes direct discrimination, indirect discrimination, harassment, victimisation, and disability-specific concepts: discrimination arising from disability (treating someone badly because of something connected to their disability) and failure to make reasonable adjustments.

Who it protects

Any person with a disability as defined above, across employment, education, the provision of goods and services, housing, and public functions.

Who must comply

Employers of all sizes in Great Britain (Note: Northern Ireland has separate legislation). Service providers open to the public. Public authorities subject to the PSED. Private clubs with 25+ members. Housing providers.

What it does NOT cover (common misunderstandings)

The Equality Act does not apply to Northern Ireland, which has its own Disability Discrimination Act and Equality Act (Northern Ireland).

"Reasonable adjustments" have limits — the Act does not require adjustments that would fundamentally alter the nature of a service or impose a disproportionate burden. What is "reasonable" depends on the size and resources of the employer or service provider.

The PSED requires due regard, not specific outcomes. A public body that can demonstrate it properly considered equality impacts may have fulfilled its duty even if the outcome disadvantages disabled people.

How to enforce your rights

  • Employment claims: Employment Tribunal, usually within 3 months of the act of discrimination
  • Service, goods, housing claims: County Court (England and Wales) or Sheriff Court (Scotland), within 6 years
  • The Equality and Human Rights Commission (EHRC) can conduct investigations, issue compliance notices, and bring legal proceedings
  • The Equality Advisory and Support Service (EASS) provides free advice and can help before court proceedings

Recent updates

The UK government has consulted on disability pay gap reporting and potential reforms to the reasonable adjustment duty. The Disability Unit within the Cabinet Office and the EHRC publish guidance regularly. Digital accessibility: the Public Sector Bodies Accessibility Regulations 2018 (implementing the EU Web Accessibility Directive) require public sector websites and apps to meet WCAG 2.1 AA and publish an accessibility statement — this sits alongside, not within, the Equality Act.