Equality Act 2010: guidance

Overview

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.

It replaced previous anti-discrimination laws with a single act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.

Age discrimination

The Equality Act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. The ban came into force in2012 and means it is unlawful to discriminate on the basis of age unless:  

• the practice is covered by an exception from the ban  
• good reason can be shown for the differential treatment (‘objective justification’)

The ban on age discrimination is designed to ensure that the law prohibits only harmful treatment that results in genuinely unfair discrimination because of age. It does not outlaw the many instances of different treatment that are justifiable or beneficial.

Age discrimination: exceptions

Exceptions are:  

• age-based concessions  
• age-related holidays  
• age verification  
• clubs and associations concessions  
• financial services  
• immigration  
• residential park homes  
• sport

These specific exceptions are in addition to:  

• general exceptions already allowed by the act  
• positive action measures  
• ‘objective justification’

There are no specific exceptions to the ban on age discrimination for health or social care services. This means that any age-based practices by the NHS and social care organisations need to be objectively justified, if challenged.

Public Sector Equality Duty (PSED)

The Public Sector Equality Duty came into force in England, Scotland and Wales in April 2011.

It means that public bodies have to consider all individuals when carrying out their day-to-day work – in shaping policy, in delivering services and in relation to their own employees. 

It also requires that public bodies have due regard to the need to:  

• eliminate discrimination  
• advance equality of opportunity  
• foster good relations between different people when carrying out their activities

PSED applies across England, Scotland and Wales to:

• the public bodies listed in schedule 19 (as amended)
• any other organisation when it is carrying out a public function

Specific duties

The Equality Act 2010 (Specific Duties) Regulations 2011 came into force in September 2011.

The specific duties require public bodies to publish relevant, proportionate information showing compliance with the Duty, and to set equality objectives.

Devolution

Section 153 of the Equality Act allows the Welsh and Scottish ministers to impose specific duties on certain Welsh and Scottish public bodies through secondary legislation.

You can read more about:

• The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
• The Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011

You can also read guidance from EHRC on complying with specific PSED duties in Scotland and Wales.

Equality Act 2010: legislation

See the Equality Act 2010 and explanatory notes.

You can also see:

• all Statutory Instruments made under the act for the UK, Wales and Scotland
• all legislation that was repealed or revoked on 1 October 2010 in schedule 27 to the act

Guidance on the Equality Act

Read more guidance on topics including:

• how the Equality Act 2010 defines disability
• what law changes mean for the public, businesses, and the public and voluntary sectors