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Equality Act 2010

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Equality Act 2010

SECTION GUIDE

What is the Equality Act 2010?

The Equality Act 2010 is the key piece of legislation in the UK that protects individuals from discrimination in the workplace and wider society. It brings together and simplifies previous anti-discrimination laws into one single Act.

For employers, it means ensuring that all employment practices — from recruitment to retirement — are fair, inclusive, and free from unlawful discrimination.

What does the Equality Act 2010 mean in HR?

The Act sets out nine protected characteristics that cannot be used as a basis for unfair treatment:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race (including colour, nationality, ethnic or national origin)
  • Religion or belief
  • Sex
  • Sexual orientation

In HR terms, this means:

  • Recruitment – adverts, job descriptions, and interviews must not discriminate.
  • Pay and Benefits – equal pay for equal work, with no bias.
  • Training and Promotion – opportunities must be accessible and fairly allocated.
  • Dismissal and Redundancy – decisions must be based on fair, objective criteria.
  • Policies and Culture – fostering an inclusive environment where discrimination, harassment, and victimisation are not tolerated.

Employers must also make reasonable adjustments to ensure employees with disabilities are not disadvantaged.

  • Why does the Equality Act 2010 matter for your business?

    Ignoring the Equality Act 2010 has serious consequences:

    • Legal Risks: Discrimination claims can lead to costly tribunal cases and unlimited compensation awards.
    • Reputation Damage: Negative publicity can harm your employer brand and ability to attract talent.
    • Productivity impact: Discrimination and poor inclusivity reduce morale, engagement, and performance.

    When managed well, compliance brings clear business benefits:

    • Attract and Retain Talent – a diverse and inclusive workforce appeals to top candidates.
    • Boost Innovation – different perspectives lead to better problem-solving and creativity.
    • Strengthen Culture – fairness and respect underpin trust and collaboration.
    • Meet Client and Customer Expectations – many organisations now expect suppliers to demonstrate diversity and equality commitments.

  • Equality Act 2010 – best practices for employers

    • Policies: Have a clear Equality, Diversity, and Inclusion (EDI) policy in place.
    • Training: Provide regular training for managers and staff on equality and unconscious bias.
    • Recruitment: Use structured interviews and transparent criteria to avoid bias.
    • Monitoring: Track diversity data (where appropriate and legally compliant) to identify trends.
    • Reasonable Adjustments: Adapt the workplace, practices, or equipment to support disabled employees.
    • Culture: Encourage reporting of concerns, act swiftly on complaints, and celebrate diversity.

    impact HR can help SMEs audit current practices, update policies, and deliver tailored equality training to meet legal obligations.

Your Questions Answered

FAQs on the Equality Act 2010

  • What support is available for SMEs to comply with the Equality Act?Reveal

    SMEs can use ACAS guidance, GOV.UK resources, or partner with HR consultancies like impact HR for tailored advice and training.

  • Do I need to update my contracts for Equality Act compliance?Reveal

    Contracts should reflect non-discrimination obligations, but the key is ensuring your policies and practices are compliant.

  • What’s the penalty for breaching the Equality Act?Reveal

    Compensation at tribunal is uncapped for discrimination cases, alongside reputational damage.

  • What is harassment under the Equality Act?Reveal

    Unwanted behaviour related to a protected characteristic that violates dignity or creates an intimidating, hostile, or offensive environment.

  • What’s the difference between direct and indirect discrimination?Reveal

      • Direct: Treating someone less favourably because of a protected characteristic.
      • Indirect: Applying a rule or practice that disadvantages people with a protected characteristic without justification.

  • Can positive action be taken under the Equality Act?Reveal

    Yes, employers can take steps to encourage underrepresented groups to apply for roles, provided decisions are still based on merit.

  • What are “reasonable adjustments”?Reveal

    Changes employers must make to remove or reduce disadvantages for disabled employees, such as flexible working, accessible equipment, or adjusted duties.

  • Do small businesses have to follow the Equality Act?Reveal

    Yes, all employers must comply, even if they only employ one or two people.

  • What are the nine protected characteristics of the Equality Act 2010Reveal

    Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

  • Who does the Equality Act 2010 apply to?Reveal

    It applies to all employers in the UK, regardless of size, as well as service providers, schools, and public bodies.

  • What are the nine protected characteristics under the Equality Act 2010?Reveal

    Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Where to find out more A collection of hand-picked useful resources in relation to the Equality Act 2010 from impact HR and beyond

Need support with managing your duties under the Equality Act 2010?

Whether you’re updating HR policies, training managers, or handling complex employee issues, impact HR can help you stay compliant, confident, and in control. Request a callback to see how we can support your business.

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