The Equality Act (2010) came into force on October 1st, and was designed to bring together the various pieces of regulation and legislation pertaining to anti-discrimination law in the UK. The law has also been extended to include voluntary and community groups that provide a service to the public, sell goods or otherwise provide facilities. As such, groups like yours will need to be aware of the developments, as it may be necessary to review your equality policies, or indeed, to establish them if you are yet to do so.

What the law covers

The Act protects people who have one or more of the following “protected characteristics”, the definitions for some of which have changed(*):

  • disability*
  • gender reassignment*
  • pregnancy and maternity
  • race (including ethnic or national origins, colour and nationality)
  • religion or belief
  • sex
  • sexual orientation

The updated definition for disability means that a disabled person no longer has to show that the above impairment affects a particular capacity in order to qualify for protection from discrimination. And in the case of gender reassignment, the person undergoing this process no longer has to show that they are under medical supervision.

What the law prohibits

The Act prohibits certain types of discriminatory conduct, the definitions for some of which have also changed(*), or are new(**):

  • direct discrimination*
  • association and perception*
  • indirect discrimination*
  • discrimination arising from disability**
  • harassment – disability, gender reassignment, race or sex*
  • harassment – religion, belief or sexual orientation
  • victimisation*

The definition for direct discrimination has now changed to include disability. The definition for association and perception has also been broadened, to include sex, disability and gender reassignment – as has indirect discrimination, to include disability and gender reassignment. There is also an important change to victimisation, as “there is now no need for a victim to show that they have been less favourably treated than someone who has not made or supported a complaint under the Act. They need only show that they have been treated badly.”

Other changes

Elsewhere in the Act, other changes that may affect voluntary and community groups may include:

  • Positive action:

Positive action states that some people with protected characteristics may need “extra help or encouragement if they are to have the same chances as everyone else”. This means that voluntary and community groups can take proportionate steps to overcome their impairments, or to meet their needs. Notably, there is no restriction of treating a disabled person more favourably than a non-disabled person. However, there is no requirement to take positive action. Under the new Act, the law on this area is simpler and clearer.

  • Breastfeeding:

The new Act has clarified that it is unlawful to discriminate against a woman because she is breastfeeding.

  • Associations and clubs:

Associations and clubs are permitted to restrict their membership to people with a protected characteristic, provided that the group is not “defined by colour”. However, it is not permitted to discriminate against members, potential members or members’ guests on any other protected ground. Under the new Act, this covers sex, religion or belief, gender reassignment and pregnancy and maternity, as well as race, disability and sexual orientation.

  • Charities:

Charities are permitted to provide benefits for people with a certain protected characteristic, provided that a charity acts on the basis of its charitable instrument. However, charities will now need to prove, in the case of being directed at a particular racial group, religion or belief, or sexual orientation, “that this is intended to meet a legitimate objective in a fair, balanced and reasonable way or that it is positive action in line with their charitable instrument”.

The changes are summarised in the table below, as detailed on the Equality Act website:

Equality Act Changes

Useful links:

Further reading is available on the Government Equalities Office website – under the heading ‘Voluntary and community organisations’.

The NCVO has produced an overview of the act, here.

The Charities Commission has published some information relating to how it might affect charities with restricted beneficiaries.

Guidance from the Equality and Human Rights Commission.