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.