Premises

This chapter assesses provisions relating to premises. The provisions for premises are contained in Part 4 of the Equality Act 2010 and are heavy in legislative detail and remain relatively light on case law. Part 4 of the Act sets out what is unlawful in relation to premises. It is concerned with the sale, leasing, and management of all premises, both residential and commercial. It applies to both the public and the private sector in their roles relating to the disposal and management of premises. However, the premises provisions do not apply to the protected characteristics of age and marriage and civil partnership. There are also provisions to ensure that there is no overlap between the premises provisions and other parts of the Act. Thus, the premises provisions do not apply to discrimination, harassment, or victimization that is prohibited by Part 5 (work), or Part 6 (education), or would be prohibited but for an express exception.

Public Procurement and Transparency in the Private Sector

This chapter begins by considering public procurement in the context of equality duties. The United Kingdom government has not used the Equality Act 2010’s regulation-making powers to impose specific statutory public procurement equality duties in England, but the Welsh and Scottish Ministers have made such regulations. Equality considerations are nonetheless relevant considerations in a public authority’s public procurement decisions as part of the general public sector equality duty in section 149 of the Act. The extent to which equality can (and should) be taken into account in the public procurement process is also, therefore, relevant to private undertakings which might wish to tender for the provision of goods or services to public authorities. The chapter then addresses the provisions in the Act intended to improve transparency in the private sector by prohibiting clauses which prevent employees discussing their pay. The Act introduced, in section 78, a power to make regulations which would impose a requirement on businesses to report on gender pay differences.

Employment Rights and Duties, Statutory Office Holders, and Volunteers

This chapter examines Part 5 of the Equality Act 2010, which prohibits discrimination, harassment, and victimization in employment and analogous situations. It contains provisions regarding those who are not strictly employees but who are also protected from discrimination in the course of performing their duties such as police officers, partners, barristers and advocates, and other office holders. Part 5 also contains the Occupational Pension Schemes provisions. Meanwhile, Chapter 3 of Part 5 contains the provisions relating to equal pay, pregnancy and maternity pay, restrictions on pay discussions, and gender pay gap information. The Act consolidates and replaces the previous anti-discrimination legislation which is largely replicated in the Act, with some notable amendments. These amendments are intended to unify the level of protection across all of the protected characteristics and to resolve any anomalies, for example around disability-related discrimination.

Core Rights and Duties

This chapter explains the principal concepts of discrimination defined in Part 2 of the Equality Act 2010. In general, discrimination is defined in the same way for each of the protected characteristics. There are important exceptions to this rule, in recognition of the particular needs of certain groups protected by the Act. For example, the distinctive nature of disability discrimination is recognized through the concepts of discrimination arising from disability and the duty to make reasonable adjustments. These are specific forms of discrimination which apply only to disability. Special provisions deal with absences from work because of gender reassignment and specific measures are set out to deal with pregnancy and maternity discrimination.

Protected Characteristics

This chapter discusses the protected characteristics under the Equality Act 2010. One of the objectives of the Equality Act 2010 is to bring together in one place all of those characteristics on which it is unlawful to discriminate and to establish a single approach to discrimination, with some exceptions. These ‘protected characteristics’ are set out in Part 2, Chapter 1 of the Act. The protected characteristics covered by the Act are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation; and pregnancy and maternity. The chapter looks at the provisions for each of these protected characteristics in turn.

Equality of Terms

This chapter explores Part 5, Chapter 3 of the Equality Act 2010, which deals with equality in contractual terms and conditions of employment and occupational pension scheme rules. It deals with all aspects of equal pay law, i.e. the rules requiring that men and women doing equal work should have equal contractual and pension benefits. The chapter begins by briefly setting these provisions in context, addressing their relationship with discrimination law and EU law. It then looks at the sex equality clause (contract terms) and sex equality rule (pensions). Finally, the chapter concludes with a consideration of the maternity equality clause and maternity equality rule.

Introduction and Background

This introductory chapter provides a background and overview of the Equality Act 2010. The Equality Act 2010 forms part of the law of England and Wales. Apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), it also forms part of the law of Scotland. The provisions stating that the Act forms part of the law of England and Wales and Scotland do not limit the reach of the Act solely to events that occur in one or more of those places. It is sometimes possible to rely on this law in relation to events that have happened geographically elsewhere. The chapter then traces the history and sources of equality law in the United Kingdom, and details the introduction and passage of the Equality Act 2010. It also considers the possible effect of the Brexit withdrawal legislation on the Act.

Redressing the Balance: Positive Action, Quotas, Political Shortlists, and Associations

This chapter studies positive action to secure full equality in practice, assessing when it is permissible to take positive action in relation to equality issues. It also considers the specific issue of all-women shortlists for elected positions. The key provisions in the Equality Act 2010 are in Chapter 2 Positive Action, which is in Part 11 Advancement of Equality. Section 158 concerns Positive Action in general and section 159 concerns specifically Positive Action: Recruitment and Promotion. These sections intersect with other provisions of the Act, for instance those in which certain otherwise discriminatory conduct is rendered permissible by occupational requirements or because it is otherwise justified. These provisions all reflect core ideas in the centre of the equal treatment principle.

The Public Sector Equality Duty and the Socio-economic Duty

This chapter addresses the public sector equality duty, which is contained in Part 11 of the Equality Act 2010. Section 149 of the Act consolidates the specific duties in respect of race, gender, and disability, which were previously contained in separate pieces of primary legislation. It extends those duties to cover all of the protected characteristics except marriage and civil partnership (which is protected to a more limited extent). Meanwhile, section 1 of the Act, which is not currently in force, provides for a public sector duty relating to socio-economic inequalities. This requires specified public authorities, in the context of strategic decision-making, to have due regard to the desirability of exercising their functions in a manner designed to reduce inequalities which result from socio-economic disadvantage.

Enforcement

This chapter describes Part 9 of the Equality Act 2010. Part 9 sets out the procedure for seeking redress for contraventions of the Act. The Act deals separately with the civil courts procedure in relation to the provision of services, exercise of public functions, disposal and management of premises, education (other than in relation to disability) and associations, and the procedure of the employment tribunal in relation to work and equal pay. Although Part 9 does not deal with the enforcement powers of the Equality and Human Rights Commission which are set out in Part 1 of the Equality Act 2006, these are summarized for completeness. Part 10 is also included in respect of the enforcement of discriminatory terms in contracts and agreements.