Equality & anti-discrimination law

The Equality Act protects people against discrimination, victimisation, and harassment.

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

However, there are exceptions, including for charities and women only organisations.

How we help

We help charities, public bodies, membership bodies, employers and other organisations to comply with their obligations under the Equality Act. We review and draft equality, diversity and inclusion (EDI) policies and procedures. We advise on inclusion of minorities, particularly where there are competing interests, including advice on lawful positive action.

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.

Relevant work

  • 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.
  • We advised CGD Europe on the high profile claim by Maya Forstater in the Employment Tribunal concerning transgender rights and the right to express views on sex and gender identity
  • We advised a single sex young people’s charity on challenges to their transgender inclusion policy.
  • We represented The Green Party in proceedings for alleged discrimination, harassment, and victimisation in relation to gender critical beliefs.
  • We advised a national youth charity on reasonable adjustments for children with learning difficulties.
  • We advised a national membership charity on responding to allegations of racial discrimination.
  • We advised a college associated with a charity on various allegations made by and against senior post holders, including allegations of race discrimination and bullying.
  • We advised a university on using exemptions in equality law so they can offer a grant only to people who are disadvantaged.
  • We advised a charity that offers childcare on making reasonable adjustments to accommodate a child with a disability.
  • We advised a membership charity on managing its relationship with volunteers who publicly challenged its equality and diversity policy.
  • We advised a fundraising team about accepting donations which are restricted towards benefiting people with particular protected characteristics.
  • We assisted a charity in responding to a threatened claim by a beneficiary that trustees had administered a scheme in a way that was discriminatory to disabled beneficiaries.
  • We advised a charity with a commercial trading subsidiary on when you can refuse to provide a service to a particular group.
  • We assisted an academy trust in responding to a challenge to the use of a particular sanction in relation to pupils with SEND.
  • We advised a group of schools on whether their status as the beneficiaries of a trust results in discrimination on account of race.
Meet our team
You May Also Be Interested In

Webinar | Planning and navigating collective redundancies: A practical guide | 10 July 2025

Collective redundancy processes remain one of the most legally sensitive and operationally complex challenges for employers. In this one-hour webinar, we’ll combine legal insights with practical tools, helping you to manage collective redundancy exercises with clarity and confidence, as well as ensuring compliance, reducing risk, and maintaining best practice throughout. Topics we’ll cover include: Who …
Read more

Redundancy consultation processes: Is it ok to score first and consult later?

It is a well-known tenet of Employment Law, that having a genuine and meaningful consultation with affected staff, at a formative stage and prior to any dismissals taking effect, is a cornerstone of a fair redundancy process. In the case of ADP RPO UK Ltd v De Bank Haycocks, the Court of Appeal found that, …
Read more

Keys with conditions: What you need to know about service occupancies

Service occupancies are a common but often misunderstood arrangement, especially for organisations like charities, schools, care providers and religious institutions that offer housing to employees as part of their job. While convenient in many ways, service occupancies carry significant legal complexity, particularly if the employment relationship ends or changes over time. What is a service …
Read more

Creating a ‘Speak Up’ culture in purpose-driven businesses: The benefits of an effective whistleblowing framework

Bates Wells convenes the Impact Counsels’ Forum, a space for senior counsel working within impact investors, B Corps, and other purpose-driven businesses. The forum discusses the ‘impact angles’ on legal and practical issues faced by in-house legal teams. Recently, the forum explored the benefits of an effective whistleblowing framework and how that can support an …
Read more

Immigration White Paper to reduce net migration – what does this mean for employers?

The government released its White Paper on legal migration entitled ‘Restoring Control over the Immigration system’ on 12 May with a wide range of proposed reforms. These include restoring the Skilled Worker minimum skill level to degree level and increasing minimum salaries, restricting permission on the Graduate route to 18 months, raising the Immigration Skills Charge …
Read more