Discrimination

The Equality Act 2010 (EqA 2010) brought together all strands of discriminatory law, including disability-related discrimination, which previously fell under the Disability Discrimination Act 1995 (DDA 1995). It has both consolidated existing law (removing many of the anomalies and complexities that had arisen as a result of the piecemeal nature of previous legislation) and introduced new concepts in discrimination.

While EqA 2010 primarily affects the public sector and employment spheres, landlords and occupiers (whether tenants or licensees) must be aware of their obligations under the property aspects, as a breach may result both in an award of damages against them and a mandatory injunction to do works to the property. In rare cases, it could result in a criminal prosecution.

Historic case law on discrimination, under previous statutory provisions, continues to be relevant and to have authority or persuasive value under similar or corresponding provisions of the new legislation. Much of it derives from the sphere of employment law—there is a far less well-established body of cases in a housing context. However, a clear policy aim of EqA 2010 was to bring consistency to