Equality law and our duty

The Equality Act 2010 sets out the personal characteristics that are protected by the law and the behaviour that is unlawful. The protected characteristics covered by the Act are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

The Act states that the following are unlawful:

• direct discrimination – treating someone less favourably than another person because of a protected characteristic
• indirect discrimination – when a rule, policy or practice that applies to everyone puts people with a protected characteristic at a disadvantage
• discrimination by association – when a person is treated unfairly because they are connected to someone with a protected characteristic
• discrimination by perception – when someone is treated unfairly because they are thought to have a protected characteristic, even if they don’t
• harassment – any unwanted behaviour that violates a person’s dignity or creates an intimidating, hostile, humiliating or offensive environment
• victimisation – when someone is treated unfairly because they have made, or are thought to have, a complaint of discrimination or harassment

We are aware that there are other groups who face disadvantage and discrimination and that some people face multiple barriers. Our commitment goes beyond the characteristics covered by the Equality Act 2010 and includes:

• armed forces members and their families (current and former)
• carers
• care-experienced people
• people living in poverty

The Public Sector Equality Duty is a legal duty under the Equality Act. The duty requires public authorities to:

• eliminate unlawful discrimination, harassment, victimisation and any other unlawful conduct prohibited by the act
• advance equality of opportunity between people who have a protected characteristic and those who do not
• foster good relations between people who have a protected characteristic and those who do not

Under the Public Sector Equality Duty specific duties, public authorities are required to:

• annually publish information to show their compliance with the Public Sector Equality Duty
• set and publish one or more equality objectives at least every four years

Positive Action is the name given to voluntary measures under the Equality Act 2010 that organisations can take to help people with a shared protected characteristic overcome disadvantage, address their particular needs, or increase participation in activities where they are under-represented. Structures in our society mean that not everyone starts from the same position, and there may be barriers which prevent people from achieving their potential or having their needs met.

• The Equality and Human Rights Commission 
• The Equality Act 2010  
• The United Nation’s Free and Equal Definitions