Equality Act 2010
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Public sector duty regarding socio-economic inequalities
Public sector duty regarding socio-economic inequalities 1 1 An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due…
Section 2 — Power to amend section 1
Power to amend section 1 2 1 A Minister of the Crown may by regulations amend section 1 so as to— a add a public authority to the authorities that are subject to the duty under subsection (1) of that…
Section 3 — Enforcement
Enforcement 3 A failure in respect of a performance of a duty under section 1 does not confer a cause of action at private law.
Section 4 — The protected characteristics
The protected characteristics 4 The following characteristics are protected characteristics— age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race;…
Section 5 — Age
Age 5 1 In relation to the protected characteristic of age— a a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group; b a reference…
Section 6 — Disability
Disability 6 1 A person (P) has a disability if— a P has a physical or mental impairment, and b the impairment has a substantial and long-term adverse effect on P's ability to carry out normal…
Section 7 — Gender reassignment
Gender reassignment 7 1 A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the…
Section 8 — Marriage and civil partnership
Marriage and civil partnership 8 1 A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner. 2 In relation to the protected…
Section 9 — Race
Race 9 1 Race includes— a colour; b nationality; c ethnic or national origins. 2 In relation to the protected characteristic of race— a a reference to a person who has a particular protected…
Section 10 — Religion or belief
Religion or belief 10 1 Religion means any religion and a reference to religion includes a reference to a lack of religion. 2 Belief means any religious or philosophical belief and a reference to…
Section 11 — Sex
Sex 11 In relation to the protected characteristic of sex— a a reference to a person who has a particular protected characteristic is a reference to a man or to a woman; b a reference to persons who…
Section 12 — Sexual orientation
Sexual orientation 12 1 Sexual orientation means a person's sexual orientation towards— a persons of the same sex, b persons of the opposite sex, or c persons of either sex. 2 In relation to the…
Section 13 — Direct discrimination
Direct discrimination 13 1 A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. 2 If the protected…
Section 14 — Combined discrimination: dual characteristics
Combined discrimination: dual characteristics 14 1 A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably…
Section 15 — Discrimination arising from disability
Discrimination arising from disability 15 1 A person (A) discriminates against a disabled person (B) if— a A treats B unfavourably because of something arising in consequence of B's disability, and b…
Section 16 — Gender reassignment discrimination: cases of absence from work
Gender reassignment discrimination: cases of absence from work 16 1 This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender…
Section 17 — Pregnancy and maternity discrimination: non-work cases
Pregnancy and maternity discrimination: non-work cases 17 1 This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of— a Part 3…
Section 18 — Pregnancy and maternity discrimination: work cases
Pregnancy and maternity discrimination: work cases 18 1 This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity. 2 A…
Section 19 — Indirect discrimination
Indirect discrimination 19 1 A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected…
Section 19A — Indirect discrimination: same disadvantage
Indirect discrimination: same disadvantage 19A 1 A person (A) discriminates against another (B) if— a A applies to B a provision, criterion or practice, b A also applies, or would apply, the…
Section 20 — Duty to make adjustments
Duty to make adjustments 20 1 Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a…
Section 21 — Failure to comply with duty
Failure to comply with duty 21 1 A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments. 2 A discriminates against a…
Section 22 — Regulations
Regulations 22 1 Regulations may prescribe— a matters to be taken into account in deciding whether it is reasonable for A to take a step for the purposes of a prescribed provision of an applicable…
Section 23 — Comparison by reference to circumstances
Comparison by reference to circumstances 23 1 On a comparison of cases for the purposes of section 13, 14, 19 or 19A there must be no material difference between the circumstances relating to each…
Section 24 — Irrelevance of alleged discriminator's characteristics
Irrelevance of alleged discriminator's characteristics 24 1 For the purpose of establishing a contravention of this Act by virtue of section 13(1), it does not matter whether A has the protected…
Section 24A — Enforcement powers: supplemental
Enforcement powers: supplemental 24A 1 This section has effect in relation to— a an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a…
Section 25 — References to particular strands of discrimination
References to particular strands of discrimination 25 1 Age discrimination is— a discrimination within section 13 because of age; b discrimination within section 19 or 19A where the relevant…
Section 25A — Marriage according to religious rites: no compulsion to solemnize etc
Marriage according to religious rites: no compulsion to solemnize etc 25A 1 A person does not contravene section 29 only because the person— a does not conduct a relevant marriage, b is not present…
Section 25AA — No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships
No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships 25AA 1 A protected person does not contravene section 29 only because the person—…
Section 25B — Marriage and civil partnership: Scotland
Marriage and civil partnership: Scotland 25B 1 An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the…
Section 25C — Marriage of same sex couples: Scottish forces marriages
Marriage of same sex couples: Scottish forces marriages 25C 1 A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites…
Section 26 — Harassment
Harassment 26 1 A person (A) harasses another (B) if— a A engages in unwanted conduct related to a relevant protected characteristic, and b the conduct has the purpose or effect of— i violating B's…
Section 27 — Victimisation
Victimisation 27 1 A person (A) victimises another person (B) if A subjects B to a detriment because— a B does a protected act, or b A believes that B has done, or may do, a protected act. 2 Each of…
Section 28 — Application of this Part
Application of this Part 28 1 This Part does not apply to the protected characteristic of— a age, so far as relating to persons who have not attained the age of 18; b marriage and civil partnership.…
Section 29 — Provision of services, etc.
Provision of services, etc. 29 1 A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against…
Section 30 — Ships and hovercraft
Ships and hovercraft 30 1 This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to— a transporting people by ship or hovercraft; b a service provided…
Section 31 — Interpretation and exceptions
Interpretation and exceptions 31 1 This section applies for the purposes of this Part. 2 A reference to the provision of a service includes a reference to the provision of goods or facilities. 3 A…
Section 32 — Application of this Part
Application of this Part 32 1 This Part does not apply to the following protected characteristics— a age; b marriage and civil partnership. 2 This Part does not apply to discrimination, harassment or…
Section 33 — Disposals, etc.
Disposals, etc. 33 1 A person (A) who has the right to dispose of premises must not discriminate against another (B)— a as to the terms on which A offers to dispose of the premises to B; b by not…
Section 34 — Permission for disposal
Permission for disposal 34 1 A person whose permission is required for the disposal of premises must not discriminate against another by not giving permission for the disposal of the premises to the…
Section 35 — Management
Management 35 1 A person (A) who manages premises must not discriminate against a person (B) who occupies the premises— a in the way in which A allows B, or by not allowing B, to make use of a…
Section 36 — Leasehold and commonhold premises and common parts
Leasehold and commonhold premises and common parts 36 1 A duty to make reasonable adjustments applies to— a a controller of let premises; b a controller of premises to let; c a commonhold…
Section 37 — Adjustments to common parts in Scotland
Adjustments to common parts in Scotland 37 1 The Scottish Ministers may by regulations provide that a disabled person is entitled to make relevant adjustments to common parts in relation to premises…
Section 38 — Interpretation and exceptions
Interpretation and exceptions 38 1 This section applies for the purposes of this Part. 2 A reference to premises is a reference to the whole or part of the premises. 3 A reference to disposing of…
Section 39 — Employees and applicants
Employees and applicants 39 1 An employer (A) must not discriminate against a person (B)— a in the arrangements A makes for deciding to whom to offer employment; b as to the terms on which A offers B…
Section 40 — Employees and applicants: harassment
Employees and applicants: harassment 40 1 An employer (A) must not, in relation to employment by A, harass a person (B)— a who is an employee of A's; b who has applied to A for employment. 2 . . . .…
Section 40A — Employer duty to prevent sexual harassment of employees
Employer duty to prevent sexual harassment of employees 40A 1 An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment. 2 “Sexual…
Section 41 — Contract workers
Contract workers 41 1 A principal must not discriminate against a contract worker— a as to the terms on which the principal allows the worker to do the work; b by not allowing the worker to do, or to…
Section 42 — Identity of employer
Identity of employer 42 1 For the purposes of this Part, holding the office of constable is to be treated as employment— a by the chief officer, in respect of any act done by the chief officer in…
Section 43 — Interpretation
Interpretation 43 1 This section applies for the purposes of section 42. 2 “ Chief officer ” means— a in relation to an appointment under a relevant Act, the chief officer of police for the police…