Equality Act 2010: UK Employer Obligations Explained

Quick Answer: What Does the Equality Act 2010 Require?

The Equality Act 2010 protects employees and job applicants from discrimination based on 9 protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Employers must not discriminate in recruitment, terms of employment, promotion, training, dismissal, or any other aspect of employment.

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The 9 Protected Characteristics

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Types of Discrimination

Direct Discrimination

Treating someone less favourably because of a protected characteristic. Example: Not promoting a woman because she "might go on maternity leave."

Indirect Discrimination

Applying a provision, criterion, or practice that puts people with a protected characteristic at a particular disadvantage. Example: Requiring all staff to work full-time when this disproportionately affects women with childcare responsibilities.

Harassment

Unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Victimisation

Treating someone unfavourably because they have made or supported a discrimination complaint.

Failure to Make Reasonable Adjustments

Failing to take reasonable steps to remove barriers that put a disabled person at a substantial disadvantage (see our guide on disability-related absence).

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Employer Obligations

Recruitment

• Job adverts must not discriminate (directly or indirectly)
• Selection criteria must be objectively justifiable
• Interview questions must relate to the role requirements
• Positive action is permitted (but not positive discrimination)
• Pre-employment health questions are restricted to specific circumstances

During Employment

• Equal pay for equal work regardless of sex
• Equal access to training, promotion, and development opportunities
• Reasonable adjustments for disabled employees
• Protection from harassment (including by third parties since October 2024)
• Flexible working consideration from day one

Dismissal and Redundancy

• Dismissal must not be because of a protected characteristic
• Redundancy selection criteria must be non-discriminatory
• Pregnancy-related dismissal is automatically unfair

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Practical Compliance Steps

1. Equality policy: Draft and communicate a clear equality and diversity policy
2. Training: Train all managers on equality law and unconscious bias
3. Recruitment audit: Review job adverts, selection criteria, and interview processes
4. Pay audit: Conduct equal pay analysis (mandatory for organisations with 250+ employees)
5. Reasonable adjustments process: Establish a clear process for disability adjustments
6. Anti-harassment policy: Updated for the 2024 third-party harassment duty
7. Grievance procedure: Ensure employees can raise discrimination concerns safely
8. Record keeping: Document all decisions that could be challenged on equality grounds

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Tribunal Claims and Penalties

• No qualifying service period for discrimination claims (from day one)
• No cap on compensation for discrimination claims
• Average discrimination award: approximately £15,000-£30,000 (can be much higher)
• Tribunal can uplift compensation by 25% for failure to follow ACAS Code
• Reputational damage often exceeds financial penalties

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How Grove HR Helps With Equality Compliance

• Structured recruitment with consistent evaluation criteria
• Disability flags for reasonable adjustment tracking
• Training management for equality and diversity training records
• Absence management that separates disability and pregnancy-related absence
• Reporting to identify patterns that may indicate inequality

Ensure compliance with equality law using Grove HR.