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Introduction

At the moment, there are several different laws to protect people from discrimination on grounds of:

• race
• sex
• sexual orientation (whether being lesbian, gay, bisexual or heterosexual)
• disability (or because of something connected with their disability)
• religion or belief
• being a transsexual person (transsexuality is where someone has changed, is changing or has proposed changing their sex 鈥� called 鈥榞ender reassignment鈥� in law)
• having just had a baby or being pregnant
• being married or in a civil partnership (this applies only at work or if someone is being trained for work)
• age (this applies only at work or if someone is being trained for work)

The Equality Act 2010 simplifies the current laws and puts them all together in one piece of legislation. Also, it makes the law stronger in some areas. So depending on your circumstances, the new Act may protect you more.

Most of the Equality Act will start to apply in October 2010 and this guide covers the main changes coming into effect then. The Act also contains other changes. For example, if you鈥檙e over 18, the Act contains a new law to protect you from discrimination because of your age when you shop or use facilities like swimming pools or libraries. The Government is looking at how the rest of the Act can be implemented in the best way for business. It will make an announcement about this at a later stage.

In this factsheet, we tell you about some of the most important points in the Equality Act. However, this factsheet doesn鈥檛 cover all your rights. Get advice if you think you鈥檙e being discriminated against, even if we don鈥檛 cover your situation here.

This factsheet applies to people in England, Wales and Scotland.

Simplifying the law

At the moment it鈥檚 against the law to discriminate against you because of things like race or religion. Different laws cover these different issues. Until the new law comes into force, the old laws will still apply.

When the new law comes in, all the law about discrimination will be in one place: the Equality Act 2010. You鈥檒l still be protected from things like racial or religious discrimination, as the new law will take over from the old laws.

Where the law has been made stronger

Here are the main areas where the law has been made stronger from October 2010. Remember that not all the changes in the Equality Act will start at the same time. So if you think you might be covered by the new law, you鈥檒l need to get advice about whether it has come in to force yet.

If you鈥檙e disabled

If you鈥檙e discriminated against because you鈥檙e disabled, the new law could help you.

For example, there will be a slightly different test of what 鈥榙isability鈥� means. When the new law comes in, it will be easier for someone to show that they have difficulty carrying out their day-to-day activities, and therefore that they come under the definition of 鈥榙isabled person鈥� and are protected under the Act.

Before the Equality Act, you might not have been able to get disability discrimination protection.

Another way the new law could help you if you are disabled is that for the first time, the law protects you from 鈥榠ndirect discrimination鈥�. This is where a policy or practice is applied in the same way to everyone, but it puts disabled people at a particular disadvantage. However, it doesn鈥檛 count as indirect discrimination if the person applying the policy can justify it.

When the new law comes in, it will be easier for you to make a claim for discrimination that happens because of something connected with your disability. It will count as 鈥榰nlawful discrimination鈥� if someone who knows you are disabled treats you unfavourably because of something that results from your disability, provided that treatment can鈥檛 be justified.

This is called 鈥榙iscrimination arising from a disability鈥�.

Here are some more examples of how the Equality Act may help you if you鈥檙e disabled:

• Employers will generally no longer be allowed to ask questions about health or disability before they offer you a job or before they include you in a pool of people to be offered a job when a vacancy arises. However, they can ask you such questions if they have a good reason. (see the workplace guidance for more details).
• If you鈥檙e at a substantial disadvantage when compared with someone who isn鈥檛 disabled, reasonable changes (鈥榓djustments鈥�) must be made by your employer or by someone providing goods or services. They may have to change the way things are done, or make changes to a building, or provide aids such as special computer software to help you do your job. Reasonable adjustments can also include providing information in an accessible format. The new law makes it clear that when receiving services you can鈥檛 be asked to pay the costs of making these reasonable adjustments.

If you鈥檙e a woman being paid less than a man

If you鈥檙e a woman being paid less than a man who is doing the same sort of work, the new law might help you. Your employer won鈥檛 be able to take action against you for talking to your colleagues or trade union representatives about how much you get paid.

This change may help you to find out if you might be able to make a claim for equal pay.

If you鈥檙e a carer

If you look after someone who is elderly or disabled, you鈥檙e already protected from being discriminated against at work because of your association with the person you care for. The new law will make this protection clearer. In addition, direct discrimination and harassment because you care for a disabled person will be banned when:

• you鈥檙e shopping for goods or services
• you use facilities like public libraries or cafes
• you use services like public transport

For more information, see the new factsheet (PDF).

If you鈥檙e breastfeeding, pregnant or have just had a baby

The new law makes it clear that it鈥檚 against the law for you to get less favourable treatment because you鈥檙e breastfeeding when receiving services. However, there is no right to breastfeed at work.

In addition, you shouldn鈥檛 be discriminated against at school because you鈥檙e pregnant or have just had a baby.

If you鈥檙e a transsexual person

The new law could help you if:

• you鈥檝e changed your sex
• you鈥檙e in the process of changing your sex
• you have simply told someone that you are planning to change your sex

Under the new law, you鈥檒l no longer have to be under medical supervision to be protected from discrimination and harassment. You mustn鈥檛 be discriminated against or harassed at school or by someone exercising a public function, such as policing, because you鈥檝e started the process of changing your sex. You鈥檒l also be protected from direct discrimination as a result of being associated with someone who is transsexual, for example if you鈥檙e their partner; or if you are discriminated against by someone because they think you are a transsexual, even if you aren鈥檛. In addition, you鈥檒l also be protected from indirect discrimination, where a rule, policy or practice particularly disadvantages transsexual people and can鈥檛 be justified, and from discrimination as a guest or member in a private club.

Clubs

Clubs with 25 or more members who select their members, such as golf clubs, won鈥檛 be allowed to discriminate against their members or guests. The law already protects you from discrimination by these clubs on grounds of your sexuality, your disability and your race. But when the new law comes in, you鈥檒l also be protected from discrimination on grounds of your sex, your religion or belief, the fact that you鈥檝e just had a baby or are pregnant, or the fact that you鈥檙e a transsexual. The new law doesn鈥檛 stop clubs for people who share a protected characteristic 鈥� for example womenonly and men-only clubs and social clubs for Turkish people.

Positive action

鈥楶ositive action鈥� is when something is done specifically to help someone who has a protected characteristic. There are several different reasons why it may be appropriate to take some sort of positive action, for instance if someone is suffering some kind of disadvantage linked to that characteristic, or if they have particular needs, or if people with that characteristic are underrepresented in an activity or a type of work.

One form of positive action is encouraging or training people to apply for jobs or take part in an activity in which people with that characteristic are under-represented. This may be done by means of training courses, mentoring schemes or even open days or other events to show people what a particular job or activity is really like.

Another type of positive action is where someone providing goods or services targets a group who share a protected characteristic because they have particular needs linked to that characteristic.

The new law makes it easier for employers and service providers to take positive action. However, taking any form of positive action is entirely voluntary and people don鈥檛 have to consider doing it if they don鈥檛 want to.

If you鈥檙e being harassed

Harassment is behaviour which hurts a person鈥檚 pride, or which is offensive. The new law makes it clear that you will be protected if you are harassed because you associate with someone who has a protected characteristic or because someone thinks you have a protected characteristic, for example if you are harassed because your son is gay, or because someone wrongly thinks you are a Muslim. Harassment may be deliberate but it doesn鈥檛 have to be. Someone could be harassing you even if they don鈥檛 mean to or don鈥檛 realise they are doing so.

The law already protects people from harassment at work and some people from harassment when they are buying goods or receiving services. The new law will also protect you from harassment related to disability when you鈥檙e buying goods or receiving services.

This new law on harassment will not protect you when you鈥檙e buying goods or receiving services if the offensive behaviour is related to religion or belief or to sexual orientation. But other parts of the new law relating to direct discrimination could protect you instead.

If you鈥檙e harassed at work, the new law will mean that your employer will be held responsible if:

• they know that you have been harassed repeatedly by someone like a customer or a client
• they do nothing reasonable to stop it happening again

Taking action about discrimination

Employment tribunals

If you have a problem of discrimination at work and you can鈥檛 sort it out with your employer, you can take action at an employment tribunal. If you win your case you could get compensation, or the employment tribunal could recommend that your employer stops discriminating against you. If you鈥檝e been sacked because of discrimination, the tribunal may recommend that your employer allows you back to work. Be careful not to miss the deadlines for going to an employment tribunal.

Employment tribunals have been given extra powers under the new law. They will be able to make recommendations in discrimination cases which benefit other people who work for the employer, as well as the person who made the claim.

County court claims in England and Wales and sheriff court claims in Scotland

If you鈥檝e been discriminated against when buying goods or getting services, you may be able to make a claim in the county court in England and Wales or the sheriff court in Scotland.

An expert in discrimination may help the judge to hear the case, and you could get legal aid. If you win your case, you may get compensation and whoever discriminated against you may be ordered to stop doing so.

Be careful not to miss the deadlines.

Find out more about the Equality Act 2010

Other new leaflets

(PDF)

Equality Act 2010: What do I need to know as a customer?

Other information

Age UK:

Carers UK:

Directgov: www.direct.gov.uk

Equality and Human Rights Commission:

Government Equalities Office website: www.equalities.gov.uk

You can also visit your local Citizens Advice Bureau.