Prohibited conduct (discrimination etc)

The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct relating to protected characteristics which people may possess. Some protections relate specifically to only one of those characteristics.

This topic provides information on the conduct that is prohibited under EqA 2010. EqA 2010 divides the types of prohibited conduct into the following categories:

  1. discrimination, which includes:

    1. direct discrimination

    2. indirect discrimination

    3. discrimination arising from disability

    4. failure to make reasonable adjustments for a disabled person

    5. pregnancy and maternity discrimination

    6. gender reassignment discrimination: cases of absence from work

  2. other prohibited conduct, which includes:

    1. harassment

    2. victimisation

Direct discrimination

A person directly discriminates against another person where:

  1. they treat them less favourably than they treat or would treat others, and

  2. they do so because of a protected characteristic

Direct age discrimination can be justified if the respondent can show that the provision, criterion or practice (PCP) amounting to discrimination was a proportionate means of achieving a legitimate aim. Other forms of direct

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Latest Employment News

Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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