Definition
The principal UK anti-discrimination legislation that protects individuals from unfair treatment in the workplace and wider society. It consolidates and replaces previous equality legislation, establishing nine protected characteristics and prohibiting direct and indirect discrimination, harassment, and victimisation.
UK Context
The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act applies to recruitment, employment terms, dismissal, and all aspects of the employment relationship. Employers can be vicariously liable for discrimination by their employees unless they can show they took all reasonable steps to prevent it.
Best Practices
- Provide regular equality and diversity training to all employees, especially managers involved in hiring and people decisions
- Review policies and practices regularly to identify and address potential indirect discrimination
- Take all complaints of discrimination seriously and investigate them promptly and thoroughly
Frequently Asked Questions
What are the protected characteristics?
The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origins), religion or belief, sex, and sexual orientation.
Can employers take positive action under the Equality Act?
Yes, section 158 allows employers to take proportionate positive action to address under-representation or disadvantage. This can include targeted training or mentoring programmes. However, positive discrimination (selecting a less qualified candidate solely because of a protected characteristic) remains unlawful, except in the limited tie-break provision under section 159.