Employment law: disability discrimination act and equality act

Workplace discrimination is rarely obvious, but its impact is immediate, personal and often career-defining. The Equality Act 2010 gives employees and job applicants powerful legal protection across recruitment, pay, promotion and dismissal in the UK. Acting early is essential; evidence fades, timelines are strict, and delays can weaken otherwise strong claims. If your situation is escalating or unclear, early advice from an employment solicitor can help you protect your position and act strategically.

Quick answer: What does the Equality Act 2010 actually do?

At its core, the Equality Act 2010 sets the legal framework for preventing unfair treatment and promoting equal opportunity across the UK. It applies broadly, but its impact is most visible in workplace decisions and policies.

In practice, the Act does three key things:

• Defines unlawful behaviour: direct discrimination (s.13), indirect discrimination (s.19), harassment (s.26) and victimisation (s.27).
• Creates positive legal duties: including the obligation to make reasonable adjustments for disabled individuals (s.20).
• Applies across key areas: recruitment, pay, promotion, dismissal, training, as well as services, education and public functions.

Whether you face dismissal, denied opportunities or subtle bias, this guide explains the equality act 2010 protected characteristics, what employers must do, how equality act 2010 reasonable adjustments work and when to enforce your rights.

The 9 protected characteristics in the Equality Act 2010 (explained with examples)

The equality act 2010 protected characteristics are nine specific personal traits the law protects from unfair treatment. They apply at every stage of employment, from recruitment to dismissal.

The nine protected characteristics are:

1. Age: e.g. refusing training opportunities to older employees.
2. Disability: e.g. ignoring chronic back pain affecting work duties.
3. Gender reassignment: e.g. denying access to appropriate workplace facilities.
4. Marriage and civil partnership: e.g. offering different benefits to married staff.
5. Pregnancy and maternity: e.g. dismissal after disclosing pregnancy.
6. Race: e.g. allocating roles based on ethnicity.
7. Religion or belief: e.g. refusing reasonable time for prayer.
8. Sex: e.g. unequal pay or sexual harassment.
9. Sexual orientation: e.g. exclusion or homophobic remarks.

Each characteristic carries specific legal protection. Employers must avoid both direct and indirect discrimination and may only use positive action in limited, lawful circumstances.

Example scenario:

A qualified candidate is rejected after mentioning they are pregnant. Even if the employer cites “business disruption,” the timing strongly suggests pregnancy and maternity discrimination, which is unlawful and difficult to justify in tribunal.

Disability under the Equality Act 2010: definition and legal test

Disability has a specific legal definition under the UK discrimination law. It is not based on diagnosis alone, but on how a condition affects day-to-day life.

To qualify as a disability under the law (s.6), the condition must:

• Be a physical or mental impairment.
• Have a substantial effect on normal day-to-day activities.
• Be long-term (lasting or expected to last at least 12 months).

This is known as the equality act 2010 disability test. It is applied case by case, often with medical and occupational health evidence.

In practice, employers must:

• Assess the impact of the condition, not just the label.
• Consider and implement appropriate reasonable adjustments.
• Keep clear, contemporaneous records of decisions and medical input.

Tribunals expect practical and proportionate responses. In Archibald v Fife Council, the court confirmed that employers may need to adjust roles or redeploy employees where this removes disadvantage.

Example scenario: An employee with anxiety struggles with open-plan environments. Ignoring medical advice and refusing a quieter workspace may amount to a failure to make reasonable adjustments.

Types of discrimination under the Equality Act: how tribunals assess claims

Workplace discrimination law UK recognises four main forms of unlawful treatment. In practice, the key issue is not just what happened, but why it happened and how it can be evidenced.

The four legally recognised types are:

1. Direct discrimination (s.13): less favourable treatment because of a protected characteristic (e.g. rejecting a candidate due to age).
2. Indirect discrimination (s.19): a policy or rule that disadvantages a protected group unless it can be objectively justified (e.g. a requirement that excludes disabled applicants).
3. Harassment (s.26): unwanted conduct that violates dignity or creates an intimidating or hostile environment.
4. Victimisation (s.27): negative treatment because someone raised or supported a discrimination complaint.

How this works in practice:

• Tribunals compare how others were treated in similar situations (comparators).
• Employers must justify policies that create disadvantage (proportionality test).
• Timing and documentation often determine the outcome (contemporaneous evidence).

Example scenario: An employer introduces a “full-time only” policy. While neutral on its face, it disproportionately affects women with childcare responsibilities. Unless the employer can justify this requirement, it may amount to indirect sex discrimination.

Employer duties under the Equality Act UK

Employers have a continuous legal obligation under the Equality Act 2010 to prevent discrimination and ensure fair, consistent treatment at every stage of employment.

In practice, employers must:

• Eliminate discrimination risks: ensure recruitment, promotion, pay and redundancy decisions are free from bias
• Comply with the equality act 2010 reasonable adjustments duty: take steps to remove disadvantages for disabled employees (explored in the next section)
• Prevent harassment and victimisation: implement training, clear reporting channels and effective grievance procedures
• Apply positive action lawfully: address under-representation without creating unlawful discrimination

What effective compliance looks like:

• Maintain up-to-date equality and diversity policies.
• Train managers to make consistent, evidence-based decisions.
• Keep a clear audit trail of decisions and adjustment requests.
• Review workplace practices regularly to identify hidden risks.

These obligations are supported by statutory guidance from the Equality and Human Rights Commission (EHRC).

Equality Act 2010 reasonable adjustments: what employers must do

The Equality Act 2010 creates a specific legal duty to remove barriers faced by disabled employees and job applicants. This obligation goes beyond equal treatment and requires active, practical steps to reduce disadvantage.

The equality act 2010 reasonable adjustments duty (s.20) requires employers to:

• Remove or reduce substantial disadvantages linked to a disability.
• Consider practical, individualised changes.
• Act once they know, or ought reasonably to know, about the disability.

Common examples include:

• Flexible or adjusted working hours.
• Adapted equipment or assistive technology.
• Role redesign or modified duties.
• Workplace relocation or remote working.
• Additional training or support.
• Phased return to work.

Enforcement: how to challenge discrimination at work

When workplace discrimination occurs, immediate and strategic action is critical. The process is structured, and strict time limits apply.

Practical steps to challenge discrimination:

1. Raise the issue internally: use the employer’s grievance procedure and keep written records of meetings, responses and outcomes.
2. Gather evidence early: emails, medical reports, witness statements, job adverts and any reasonable adjustment records.
3. Start ACAS early conciliation: this is mandatory before most employment tribunal claims and offers a chance to resolve the dispute.
4. Bring a tribunal claim if needed: remedies can include compensation, recommendations, declarations and, in some cases, reinstatement.

FAQs

What is the Equality Act 2010?

A single UK law that protects people from discrimination across nine protected characteristics.

How many protected characteristics are in the Equality Act 2010?

There are nine protected characteristics.

What are reasonable adjustments under the Equality Act 2010?

Practical changes employers must make to remove disadvantages faced by disabled employees (s.20).

This article is general information and not legal advice. For case-specific guidance consult a qualified employment solicitor.

The Equality Act 2010 provides strong workplace protections, requiring employers to prevent discrimination and take proactive steps, including reasonable adjustments. Acting early, documenting evidence and seeking specialist employment advice can significantly strengthen claims and reduce legal and financial risk for all parties involved.

KEY TAKEAWAYS:

• The Equality Act 2010 protects against discrimination across nine protected characteristics.
• Employers must prevent unfair treatment and make reasonable adjustments for disability.
• Acting early and gathering evidence strengthens claims and improves outcomes.