Equality Act 2010 (2024)

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Equality Act 2010, Section 21 is up to date with all changes known to be in force on or before 03 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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21Failure to comply with dutyE+W+S

This section has no associated Explanatory Notes

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

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Equality Act 2010 (2024)

FAQs

What is the main point of the Equality Act 2010? ›

The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations.

What is the Dignity Equality Act 2010? ›

The Equality Act 2010 prohibits discrimination on named grounds. These are called 'protected characteristics'. The relevant protected characteristics are age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

What are the 9 characteristics of the Equality Act? ›

Under the Equality Act 2010, there are 9 protected characteristics which are; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is the Equality Act 2010 reform? ›

7.18 At present, the equal pay scheme in the 2010 Act provides that an employee is entitled to contractual terms, including those related to pay, that are as favourable as those of a comparator of the opposite sex in the same employment if they are employed on equal work.

Who does the Equality Act 2010 apply to? ›

The Act applies to all organisations that provide a service to the public or a section of the public (service providers). It also applies to anyone who sells goods or provides facilities. It applies to all your services, whether or not a charge is made for them.

What is covered under the Equality Act? ›

The Equality Act 2010 protects the following people against discrimination: employees and workers. contractors and self-employed people hired to personally do the work. job applicants.

What are the 3 main purposes of the Equality Act 2010? ›

The purpose of the Equality Act

Simplifying legislation and harmonising protection for all of the characteristics covered will help Britain become a fairer society, improve public services, and help business perform well.

What are the examples of breaches of the Equality Act 2010? ›

Examples. A school or employer refuses to give a reference to an ex-pupil or ex-employee because of his or her religion or belief. This would be direct discrimination. A builder or plumber addresses abusive and hostile remarks to a previous customer because of her sex after their business relationship has ended.

What are the 4 specific duties of the Equality Act? ›

eliminate unlawful discrimination, harassment and victimisation. advance equality of opportunity between different groups. foster good relations between different groups.

What are the 4 types of discrimination? ›

Under the Equality Act, there are four main types of discrimination: Direct discrimination • Indirect discrimination • Harassment • Victimisation. No minimum length of employment by an employee, or any employment at all for a job applicant, is necessary to claim discrimination.

What are the 9 grounds for discrimination? ›

They cover the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community.

What is Section 13 of the Equality Act? ›

13Direct discrimination

(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

What is Section 7 of the Equality Act 2010? ›

7Gender reassignment

(1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

What is Section 19 of the Equality Act 2010? ›

19Indirect discrimination

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. (d)A cannot show it to be a proportionate means of achieving a legitimate aim.

What is Section 6 of the Equality Act 2010? ›

The definition is set out in section 6 of the Equality Act 2010. It says you're disabled if: you have a physical or mental impairment. your impairment has a substantial and long-term adverse effect on your ability to do normal day-to-day activities.

What is the statement of purpose for equality? ›

EQUALITY OBJECTIVES

Eliminate discrimination and other conduct that is prohibited by the Act; Advance equality of opportunity between people who share a protected characteristic and people who do not share it; Foster good relations between people of all characteristics.

What is the objective justification of the Equality Act? ›

To rely on the objective justification defence, the employer, service provider or other organisation must show that its policy or age-based rule was for a good reason – that is 'a proportionate means of achieving a legitimate aim'.

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