Employment tribunal equality claims

This subtopic covers issues arising in relation claims for prohibited conduct (discrimination, harassment and victimisation) claims and equal pay (equality of terms) under the Equality Act 2010 (EqA 2010)

Territorial extent and scope of the Equality Act 2010

The provisions of an Act of Parliament will have:

  1. territorial extent—this is the area within which those provisions are law, and

  2. territorial application—this means the persons and matters in relation to which the provisions operate

EqA 2010 declares its territorial extent expressly, clearly and unequivocally, but is silent as to its territorial application or scope.

The Explanatory Notes to EqA 2010 say as follows:

'As far as territorial application is concerned, in relation to Part 5 (work) and following the precedent of the Employment Rights Act 1996, the Act leaves it to tribunals to determine whether the law applies, depending for example on the connection between the employment relationship and Great Britain.'

The reference in those notes to the 'precedent of the Employment Rights Act 1996' is to the development of the case law following the repeal of section 196

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Home Office revises all principal Sponsor Guidance documents

On 6 March 2026 the Home Office brought into force version 03/26 of the principal sponsor guidance documents within the ‘Workers and Temporary Workers: guidance for sponsors’ collection, together with consequential amendments to the route-specific guidance for Skilled Workers. The changes affect Part 1: Apply for a licence, Part 2: Sponsor a worker, Part 3 (compliance and enforcement), Appendix D (record-keeping guidance) and the ‘Sponsor a Skilled Worker’ guidance, and also see the introduction of a new standalone and expanded Glossary. There is now extensive cross-referencing across all documents to that centralised source of definitions. Across the suite of guidance, the concept of a ‘genuine vacancy’ or ‘genuine employment’ has been removed and replaced with the newly defined term ‘eligible role’. This definition, now embedded in the Glossary and incorporated expressly into the other guidance documents, requires that the role must exist or be reasonably anticipated, meet all route-specific requirements including skill level and salary thresholds, comply with wider employment legislation and remain appropriate to the sponsor’s business throughout the period of sponsorship. References to assessing whether a vacancy is ‘genuine’ have been systematically replaced with consideration of whether the work meets the definition of an ‘eligible role’ and refusal, suspension and revocation provisions have been redrafted accordingly.  Other changes include Parts 1 and 3 now making explicit that sponsorship is voluntary, that a licence is granted at the discretion of the Home Office and creates no enforceable right and now stating that enforcement action may be taken on the basis of ‘reasonable suspicion’ of non-compliance rather than established breach. Further details of the changes will follow.

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