the Equality Act 2010 and definitions

1. Equality, Diversity and
Inclusion – the Equality
Act 2010 and definitions
This presentation applies to England,
Scotland and Wales

2. INTRODUCTION
This brief presentation will introduce you to some of
the key legislation, terminology and concepts
relating to equality and diversity in England,
Scotland and Wales.

3. THE EQUALITY ACT 2010
• The Equality Act 2010 consolidated, simplified and
strengthened previous legislation which had developed
over nearly 60 years
• The key principle the legislation promotes is that everyone
has the right to be treated fairly and equally
• The Act aims to reduce unfairness and discrimination and
promote a more equal society

4. WHO THE ACT APPLIES TO
• The Equality Act 2010 applies to employers and
employees, organisations who provide goods and
services, and service users
• It applies to England, Scotland and Wales but not
Northern Ireland which is covered by different legislation

5. THE EQUALITY ACT 2010
• The Act specifies 9 Protected
Characteristics and makes it unlawful to
discriminate against anyone who is one or
more of the protected characteristics:

6. THE PROTECTED CHARACTERISTICS
• Age
• Disability
• Gender
• Race
• Religion and belief
• Sexual orientation
• Gender reassignment
• Pregnancy and maternity
• Marriage and civil partnership

7. THE PUBLIC SECTOR EQUALITY DUTY
• The Equality Act also requires public sector bodies (for
example local authorities, NHS, government departments)
to consider how their policies and procedures impact on
people with the different protected characteristics
• This includes promoting good relationships between
different groups
• Organisations should also highlight the benefits of
promoting equality

8. SOME DEFINITIONS
• The Equality Act 2010 defines key concepts relating to
equality, diversity and inclusion.
• The following definitions are informed by the Equality and
Human Rights Commission, which is Great Britain’s
national equality body
www.equalityhumanrights.com

9. EQUALITY
Equality recognises that every individual should have equal
opportunity be able to make the most of their lives and that
no-one should suffer disadvantage due to discrimination or
prejudice.

10. DIRECT DISCRIMINATION
• Treating someone less favourably than
another because of a protected
characteristic
Example: A housing organisation refuses to
rehouse someone because of his or her race

11. PERCEPTIVE DISCRIMINATION
• Treating someone unfairly because it is thought s/he has a
protected characteristic, even if s/he hasn’t
• This doesn’t apply to marriage/civil partnership or to
pregnancy/maternity
• This must be direct discrimination
Example - A landlord refuses to rehouse someone because
he thinks the applicant is gay but he is heterosexual

12. DISCRIMINATION BY ASSOCIATION
• Unfair or unfavourable treatment of someone who does
not have a protected characteristic but who associates
with someone who does
• This doesn’t apply to marriage/civil partnership or to
pregnancy/maternity

13. INDIRECT DISCRIMINATION
• When a provision, criterion or practice is applied in a way
that creates disproportionate disadvantage for a person
with a protected characteristic compared to those who do
not share that characteristic
Example: A housing association advertises to recruit
concierges and stipulates applicants must be over 1.6
metres tall. This would indirectly discriminate against
women as a greater proportion of women will be under this
height than men

14. STEREOTYPING
• Making generalised assumptions about someone or a
group based on false, distorted or misleading information.
• This results in a belief that all members of a group behave
in a particular way or share similar traits
Example: Assuming that all young people who wear hoodies
cause anti-social behaviour

15. HARASSMENT
• Conduct related to a protected characteristic that has the
purpose or effect of violating a person’s dignity or creates
an intimidating, hostile, degrading, humiliating or offensive
environment.
• The conduct can either be a serious one-off event or may
happen on a number of occasions.

16. VICTIMISATION
• If you are treated unfairly because you are taking
action under the Equality Act (for example a
complaint about discrimination), or are supporting
someone who is taking this action

17. DIVERSITY
• Recognising and understanding that every individual is
different. This may for example relate to age, race,
ethnicity, gender, sexual orientation, disability, religion or
belief.
• It important to recognise differences in order not to
discriminate against individuals and to promote equality
• Diversity can be celebrated as being beneficial for
individuals, communities and society.