Equality & anti-discrimination law

The Equality Act 2010 protects people against discrimination, victimisation, and harassment in certain ‘life areas’, including employment, education, service provision and membership of associations.

It is unlawful to treat someone unfavourably due to their protected characteristics - age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief (including gender critical beliefs), sex and sexual orientation.

However, there are exceptions, including for positive action, professional “competence standards”, certain occupational requirements, charities, and single sex organisations. These must be applied carefully in order to be lawful.

There may be Equality Act implications to any decision made, or action taken, that has an impact on people, whether employees, service users and/or members. We advise on:

  • Reviewing and/or drafting equality, diversity and inclusion (EDI) policies and procedures and the risks ofgetting it wrong.
  • Equality Act implications of general policies and procedures which may affect people in different ways.
  • All stages of the employment relationship where Equality Act considerations arise, including managing staff, handling grievances and disciplinaries, and dealing with other workplace issues (including the use of single sex spaces such as toilets and changing rooms).
  • Lawful restriction of employment roles to certain groups, including in the context of occupational requirements and positive action.
  • The duty to make reasonable adjustments for disabled individuals in an employment and professional qualification context, including (in respect of the latter) the exemption for professional competence standards.
  • Provision of goods and services, whether charitable services to beneficiaries or commercial services to the public, such as venue hire.
  • Lawful restriction of services to certain groups, including the single sex exception, the charities exception, and positive action.
  • Specific Equality Act obligations in the provision of educational services and public services including the public sector equality duty.
  • Lawful restrictions on membership to certain groups and exclusion of other groups.
  • Equality Act implications of sanctions and disciplinary processes for members and volunteers.
  • Lawfully administering a grant or trust whichbenefits some and not others.
  • Accessible design, from buildings to websites to application processes.
  • Competing interests and the ‘culture war’.
  • Defending or bringing Equality Act claims in the County Court, including negotiated settlement.
  • Defending or bringing Equality Act claims in the Employment Tribunal, including negotiated settlement.

How we can help

We work with charities, public bodies, employers, membership associations, service providers, student unions, educational bodies, qualifications bodies, and other organisations (both commercial and not-for-profit), to help them comply with their obligations under the Equality Act.

We review and draft equality, diversity and inclusion (EDI) policies and procedures, as well as a broad range of employment policies and procedures.

We advise on the inclusion of minorities, particularly where there are competing interests (including with other protected groups), including advice on lawful positive action, occupational requirements and professional competence standards in examinations.

Our Employment and Dispute Resolution teams also help with bringing or defending Equality Act complaints and claims by beneficiaries, service users, employees, members and volunteers.

Understanding your obligations under the Equality Act 2010

Examples of our work:

  • Advised a political networking charity focused on supporting women from all backgrounds on their obligations under the Equality Act, specifically around the definition of women.
  • Advised a charity with the aim of supporting vulnerable women in relation to occupational requirements limiting roles to women.
  • Advised a student organisation on the lawfulness of holding gender segregated religious events.
  • Advised an awarding body on its policy about reasonable adjustments for disabled candidates in examination arrangements.
  • Assisted an academy trust in responding to a challenge to the use of a particular sanction in relation to pupils with SEND.
  • Advised an international religious organisation on reasonable adjustments for disabled people in the design and build of new churches.
  • Advised a fundraising team about accepting donations which are restricted towards benefiting people with particular protected characteristics.

Governance and policies

Examples of our work:

  • Advised a public health body on their internal policies, specifically on language around women and services for women and providing guidance for employees.
  • Advised a number of charities on policies relating to single-sex spaces in the workplace, including toilets.
  • Advised a charity on a policy granting equal amounts of enhanced leave and pay for staff wishing to take maternity, paternity and adoption leave.
  • A large national charity wished to improve the diversity of its trustee board by selecting candidates based on race, gender and other protected characteristics. We advised on the lawful application of positive action measures under the Equality Act 2010.
  • Advised a single sex young people’s charity on challenges to their transgender inclusion policy.
  • Advised homeless charities on practical arrangements around single sex facilities following the For Women Scotland judgment.
  • Advised a university on using exemptions in equality law so they can offer a grant only to people who are disadvantaged.

Equality Act disputes

Examples of our work:

  • Represented The Green Party in county court proceedings for alleged discrimination, harassment, and victimisation in relation to gender critical beliefs. Read more in our summary of the case, which is a matter of public record.
  • Advised a national membership charity on responding to allegations of racial discrimination.
  • Advised a membership charity on managing its relationship with volunteers who publicly challenged its equality and diversity policy.
  • Advised an awarding body on a disability discrimination claim relating to exam and proctoring arrangements.
  • Advised a professional association on issues relating to a maternity discrimination claim and its membership policy.

Equality Act employment disputes

Examples of our work:

  • Having acted in the high-profile claim by Maya Forstater concerning the right to express views on sex and gender identity, we have advised various employers about their approach to conflicts of views in the workplace.
  • Successfully ran an Employment Tribunal defence by a faith-based charity of the use of a blanket occupational requirement for employees to have a particular religious belief.
  • Successfully defended numerous claims of failure by employers to make reasonable adjustments for disabled staff members.
  • Acted for a qualification body in relation to various allegations of failure to make reasonable adjustments during professional qualification examinations, and the lawful exemption to this requirement for competence standards.
  • Advised a college on various allegations made by and against senior post holders, including allegations of race discrimination and bullying.
  • Conducted independent investigations for organisations into allegations of sex discrimination and sexual harassment.

Expertise and insights

Explore

Webinar | Practical implications of the new EHRC Services Code – what does this mean now for organisations | 9 June 2026

The long-awaited draft Equality and Human Rights Commission’s ‘Code of Practice for services, public functions and associations’ has now been published and laid before Parliament. This updated Services Code will provide guidance on the application of the Equality Act 2010 in light of the Supreme Court’s landmark judgment For Women Scotland, including how the Act …
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Gender identity, protected beliefs and single-sex facilities in the workplace: a review of LS v NHS England

The recent influx of Employment Tribunal (“ET”) cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace continues this month; with the case of LS v NHS England (“LS“) (the judgment for which can be found here). This is the fifth ET case in the last six months or …
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Updated Services Code laid before Parliament

The long-awaited draft Equality and Human Rights Commission’s ‘Code of Practice for services, public functions and associations’ has now been published and laid before Parliament. Read the full guidance here. This updated Services Code will provide guidance on the application of the Equality Act 2010 in light of the Supreme Court’s landmark judgment For Women Scotland, …
Read more

Updated EHRC Services Code delivered to Minister for Women and Equalities will shortly be laid before parliament

The Equality and Human Rights Commission (“EHRC”) submitted an updated draft of its Code of Practice for Services, Public Functions and Associations (“Services Code”) to the Minister for Women and Equalities on 13 April 2026. It will shortly be laid before Parliament for 40 days (if approved by the Minister), before coming into force (if …
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Case update: Sex Matters v City of London Corporation

The High Court has refused permission to a judicial review challenge brought by the charity Sex Matters to the trans-inclusive policies operated by the City of London Corporation (the “Corporation”) at the Kenwood Ladies’ Pond and the Highgate Men’s Pond.[1] As a permission decision, it is persuasive rather than binding precedent, but provides some valuable …
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