Prohibited conduct (discrimination etc)

The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct relating to protected characteristics which people may possess. Some protections relate specifically to only one of those characteristics.

This topic provides information on the conduct that is prohibited under EqA 2010. EqA 2010 divides the types of prohibited conduct into the following categories:

•
discrimination, which includes:
1. ◦
  direct discrimination
2. ◦
  indirect discrimination
3. ◦
  discrimination arising from disability
4. ◦
  failure to make reasonable adjustments for a disabled person
5. ◦
  pregnancy and maternity discrimination
6. ◦
  gender reassignment discrimination: cases of absence from work
•
other prohibited conduct, which includes:
1. ◦
  harassment
2. ◦
  victimisation

Direct discrimination

A person directly discriminates against another person where:

•
they treat them less favourably than they treat or would treat others, and
•
they do so because of a protected characteristic

Direct age discrimination can be justified if the respondent can show that the provision, criterion or practice (PCP) amounting to discrimination was a proportionate means of achieving a legitimate aim. Other forms of direct

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Employment News

Ex-University employee gets second shot at harassment case over accent

Law360: A Brazilian marketing manager has successfully appealed an Employment Tribunal (ET) decision that an English university did not harass her by making comments about her accent, after the Employment Appeal Tribunal (EAT) ruled that the wrong legal test had been used to dismiss the claim.

Home Office intensifies crackdown on illegal working and immigration offences

The Home Office has reported a significant increase in enforcement actions against illegal working, with arrests rising by 25% and visits up by 34% since July 2024. Operation Tornado, targeting nail bars and convenience stores, resulted in 154 arrests and potential civil penalties of up to £4m. The government has redirected resources from the now-closed Rwanda deportation scheme to focus on returning individuals with no right to remain in the UK, contributing to nearly 10,000 returns since the general election. Additionally, the Home Secretary has signed a joint statement with Iraq to combat people smuggling, and the government has committed £150m over two years to tackle organised immigration crime. These measures form part of a broader strategy to reduce net migration, enhance border security, and reform the asylum system.

EHRC secures legal agreement with Welsh Rugby Union to address workplace discrimination

The Equality and Human Rights Commission (EHRC) has entered into a legally binding agreement with the Welsh Rugby Union (WRU) to tackle concerns over workplace discrimination and harassment. This action follows an independent review that uncovered a 'toxic' workplace culture within the WRU, including instances of sexism, racism, and homophobia. The agreement mandates several key actions, including compulsory equality, diversity, and inclusion training for all staff and leadership, a review of corporate policies, implementation of a standardised system for recording discrimination complaints, and a reassessment of the use of non-disclosure agreements. The EHRC will oversee the WRU's compliance with these commitments over the next year, aiming to foster a more inclusive and protective work environment within Wales's national sporting body.

Prime Minister announces White Paper on reducing immigration

In a speech on 28 November 2024, Prime Minister Keir Starmer addressed the state of immigration in the UK, further to the release of revised estimates from the Office of National Statistics which revealed that nearly one million people entered Britain in the year ending June 2023—a fourfold increase from 2019 levels. Starmer announced forthcoming measures to reduce immigration, including the imminent publication of a White Paper, reforms to the points-based system, and new expectations for visa applications regarding training of domestic workers. The Prime Minister also discussed a new security agreement with Iraq, aimed at combating people smuggling and enhancing border security. Additionally, Starmer reported increases in asylum returns (53%) and total returns (34%) over the past year, emphasising the government's commitment to addressing immigration challenges and securing UK borders.