Equality Act 2010: Employer Responsibilities Explained

What does the Equality Act 2010 require employers to do?

The Equality Act 2010 is the main legislation protecting people from discrimination in the workplace in England, Scotland and Wales. It brings together previous anti-discrimination laws into a single legal framework.

Under the Act, employers have several key responsibilities:

• Prevent unlawful discrimination: Ensure employees and job applicants are not treated unlawfully because of protected characteristics.

• Make reasonable adjustments: Take appropriate steps to remove or reduce substantial disadvantages experienced by disabled applicants and employees.

• Prevent harassment and victimisation: Address inappropriate workplace behaviour and protect people from unlawful treatment connected to discrimination complaints.

• Make fair employment decisions: Apply recruitment, pay, promotion, performance management and dismissal processes lawfully.

• Promote consistent working practices: Ensure managers understand their responsibilities and make decisions based on relevant, objective factors.

Meeting these responsibilities requires more than having policies in place. Employers must ensure their everyday decisions, management practices and workplace arrangements reflect the law.

Certain public authorities and organisations exercising public functions also have additional responsibilities under the Public Sector Equality Duty. These requirements do not apply to every employer.

What are the nine protected characteristics?

The Equality Act 2010 identifies nine protected characteristics. These are personal characteristics covered by legal protections against discrimination.

The nine protected characteristics are:

1. Age: Protection against unlawful discrimination because of someone's age or age group.

2. Disability: Protection for people who meet the Act's definition of disability, including duties relating to reasonable adjustments.

3. Gender reassignment: Protection for people who are proposing to undergo, are undergoing or have undergone a process of reassigning their sex.

4. Marriage and civil partnership: Protection against certain forms of workplace discrimination because someone is married or in a civil partnership.

5. Pregnancy and maternity: Protection against unlawful treatment connected to pregnancy and maternity.

6. Race: Including colour, nationality, and ethnic or national origins.

7. Religion or belief: Including religious and philosophical beliefs and a lack of religion or belief.

8. Sex: Protection against unlawful discrimination because of sex.

9. Sexual orientation: Protection against unlawful discrimination because of sexual orientation.

These characteristics are relevant to decisions about who is recruited, how employees are managed, what opportunities they receive and how workplace concerns are handled.

However, the legal protections do not operate identically for every characteristic. For example, the duty to make reasonable adjustments specifically concerns disability, while marriage and civil partnership protection has a more limited scope.

Employers should therefore consider the particular legal requirements relevant to each situation rather than assuming the same approach applies in every case.

What types of workplace discrimination must employers prevent?

Discrimination can take several forms, and it is not always obvious. Understanding the different types can help employers recognise potential problems before they escalate.

Direct and indirect discrimination

Direct discrimination generally occurs when someone is treated less favourably because of a protected characteristic. For example, rejecting a qualified job applicant because of their age could amount to direct age discrimination.

Indirect discrimination can occur when a rule, policy or practice applies to everyone but puts people sharing a protected characteristic at a particular disadvantage, and the requirement cannot be objectively justified. For example, requiring all employees to work full-time could disproportionately disadvantage women because of childcare responsibilities.

Some forms of different treatment may be lawful where specific exceptions or justification tests apply. Employers should assess these carefully rather than assuming a business reason automatically makes a decision lawful.

Harassment and victimisation

Harassment and victimisation are distinct forms of unlawful behaviour.

Harassment generally involves unwanted conduct related to a relevant protected characteristic that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Separate provisions cover sexual harassment.

Victimisation occurs when someone is subjected to a detriment because they have carried out, or are believed to have carried out, a protected act, such as making or supporting a discrimination complaint. For example, excluding an employee from development opportunities because they supported a colleague's discrimination grievance could amount to victimisation.

Managers need to recognise both types of behaviour, take concerns seriously and know when to escalate issues for further investigation.

Discrimination arising from disability and failure to make reasonable adjustments

The Equality Act also provides specific protections for disabled people.

Discrimination arising from disability can occur when someone is treated unfavourably because of something arising in consequence of their disability, unless the treatment can be objectively justified. The employer's knowledge of the disability is also relevant.

Separately, employers may breach the Act if they fail to make reasonable adjustments where the legal duty applies. For example, applying a standard absence-management trigger without considering disability-related absence could create discrimination risks.

These are separate legal issues, and employers should consider both when managing disability-related workplace matters.

What are employers’ responsibilities for reasonable adjustments?

Employers have a legal duty to make reasonable adjustments where a disabled applicant or employee would otherwise experience a substantial disadvantage in circumstances covered by the Act.

Reasonable adjustments are intended to remove or reduce barriers, allowing disabled people to access employment opportunities and participate in work.

Recognising when the duty may arise

The duty to make reasonable adjustments can arise when an employer knows, or could reasonably be expected to know, that someone has a disability and is likely to experience a substantial disadvantage.

Employers should not assume they can wait until an employee makes a formal adjustment request or provides a medical diagnosis before considering whether support is needed.

The focus should be on understanding the disadvantage and identifying what could help, rather than requesting unnecessary medical information.

Considering and implementing suitable adjustments

Reasonable adjustments will depend on the individual's circumstances, the nature of their role and the barriers they experience.

Examples include:

• Working arrangements: Adjusting start and finish times, working patterns or break arrangements.

• Recruitment processes: Providing additional time for assessments or alternative interview arrangements.

• Equipment and facilities: Providing specialist equipment, accessible workstations or assistive technology.

• Communication methods: Offering written instructions, accessible documents or alternative ways to participate in meetings.

• Workplace processes: Adjusting certain duties, procedures or performance-management arrangements where appropriate.

There is no single adjustment that will be suitable for every employee or workplace.

Employers should discuss potential solutions with the individual, assess their effectiveness and consider what is reasonable in the circumstances.

Factors such as practicality, effectiveness, cost and the employer's resources may be relevant. Employers are responsible for the cost of reasonable adjustments and must not pass that cost on to the disabled employee.

Government support, such as Access to Work, may help with certain costs but does not replace the employer's legal duty.

Reviewing adjustments as circumstances change

An adjustment that works initially may become less effective as an employee's circumstances, responsibilities or working environment change.

Employers should therefore maintain communication, record relevant decisions, ensure agreed adjustments are implemented and review whether they remain effective. Keeping clear records can also help demonstrate how the employer considered the individual's needs and reached its decisions.

For further guidance, employers can explore WorkNest's HR and Employment Law support for managing disability-related workplace issues.

Where do Equality Act responsibilities affect everyday employment decisions?

The Equality Act influences a wide range of employment decisions, not just formal discrimination complaints.

Employers should consider equality obligations whenever they introduce workplace requirements, assess employees or make decisions that affect someone's employment.

Recruitment and selection

Recruitment processes should give all candidates a fair opportunity to demonstrate their suitability for a role.

Employers should review job descriptions, advertisements, shortlisting criteria and interview arrangements to identify potential discrimination risks. For example, unnecessary physical requirements or inflexible working arrangements could disadvantage certain applicants.

Reasonable adjustments should also be considered for disabled candidates, including during interviews and assessments.

Employers must also be aware of legal restrictions on asking health or disability-related questions before making a job offer, subject to specific exceptions.

Pay, promotion and development

Decisions about pay, promotion, training and development should be based on clear, objective and consistently applied criteria. Employers should ensure opportunities are accessible and avoid relying on informal recommendations that could introduce unconscious bias.

The Equality Act also includes specific equal pay provisions for men and women doing equal work, alongside wider discrimination protections.

Keeping clear records of decisions can help employers demonstrate fairness and identify potential inconsistencies.

Absence, performance management and dismissal

Applying standard employment procedures without considering individual circumstances can create discrimination risks.

For example, an employee may reach an absence-management trigger due to disability-related treatment. Automatically taking formal action without considering reasonable adjustments could result in unlawful discrimination.

Similarly, employers should consider disability, pregnancy-related absence and other relevant protected circumstances when managing performance or considering dismissal.

Before taking formal action, employers should assess the individual circumstances, relevant legal protections and whether adjustments or alternative measures are appropriate.

What must employers do to prevent workplace harassment?

Preventing workplace harassment requires employers to identify risks, set clear expectations and respond appropriately to concerns. This means taking practical action rather than relying solely on written policies.

Key measures include:

• Assessing workplace risks: Identify potential risks in customer-facing roles, lone working and work-related events.

• Establishing reporting routes: Ensure employees know how to raise concerns.

• Supporting managers: Provide guidance on recognising, responding to and escalating inappropriate behaviour.

• Providing training: Help employees understand acceptable behaviour and their responsibilities.

• Following up on concerns: Investigate complaints fairly and review preventative measures.

Employers should also consider harassment risks involving customers, clients, suppliers and other third parties.

Under the current preventative duty, employers must take reasonable steps to prevent sexual harassment of employees in the course of employment.

From 30 October 2026, the Employment Rights Act 2025 strengthens this duty to require employers to take all reasonable steps to prevent sexual harassment. New provisions concerning third-party harassment are also due to come into force.

These changes make it particularly important for employers to review their preventative arrangements and consider whether existing measures are sufficient for the risks their workforce faces.

How can employers put their responsibilities into practice?

Understanding the Equality Act is important, but employers also need to translate its requirements into everyday working practices.

The following checklist can help organisations review their approach:

• Review workplace policies: Check that equality, recruitment, grievance, disciplinary and other relevant policies reflect current legal requirements and actual working practices.

• Support managers with guidance and training: Ensure managers understand how equality responsibilities affect their roles and when to seek specialist advice.

• Make it easy to report concerns: Provide accessible, confidential reporting routes and communicate how employees can raise issues.

• Handle complaints promptly and fairly: Take concerns seriously, investigate appropriately and protect employees from victimisation.

• Record key employment decisions: Keep appropriate records of recruitment, performance, disciplinary and adjustment decisions, including the reasons behind them.

• Review whether actions are effective: Follow up on adjustments, complaints and preventative measures to identify where further action may be needed.

These are practical ways to support compliance, rather than a universal list of prescribed documents or training schedules.

The most appropriate measures will depend on the organisation's size, structure, workforce and particular workplace risks.

What happens if an employer fails to meet its responsibilities?

Failing to meet Equality Act responsibilities can have serious legal, financial and reputational consequences. Employees and job applicants who experience unlawful discrimination may be able to bring an employment tribunal claim.

Potential consequences include:

• Employment tribunal claims: Legal costs, compensation awards and significant management time.

• Employee relations issues: Damage to trust, morale and workplace relationships.

• Reputational damage: Negative impacts on how the organisation is perceived by employees, customers and prospective recruits.

• Operational disruption: Time and resources diverted towards complaints, investigations and legal proceedings.

Employers can also be held responsible for discriminatory acts committed by employees in the course of employment, even without management approval.

While employers may have a legal defence if they can demonstrate they took all reasonable steps to prevent such discrimination, having a policy alone is unlikely to be enough. Preventative measures must be implemented, communicated and reviewed in practice.

How WorkNest can help

Meeting your responsibilities under the Equality Act 2010 can involve difficult decisions, particularly when managing complex employee issues or balancing individual needs with operational requirements.

At WorkNest, our Employment Law and HR specialists provide practical support to help employers navigate these challenges with confidence.

We can help with:

• Employment Law advice: Expert guidance on discrimination risks and sensitive employment decisions.

• HR policies and procedures: Reviewing and developing documentation that supports fair, consistent workplace practices.

• Reasonable adjustments: Helping employers assess individual circumstances and consider appropriate support.

• Grievances and employee relations: Guidance on handling complaints, investigations and formal procedures.

• Manager training: Building managers' confidence in recognising issues, making informed decisions and responding appropriately.

Whether you're reviewing your existing approach or dealing with a specific employee concern, our specialists can help you understand your responsibilities and establish clearer, more consistent processes.