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—23 October 2025

This edition of Employment weekly highlights includes: (1) a revised draft regulation amending the list of bodies to which permitted disclosures can be made under section 17 of the Victims and Prisoners Act 2024, (2) a further draft regulation replacing VPA 2024, s 17 in its entirety, to allow a victim of criminal conduct (or a person who reasonably believes they are a victim) to make a disclosure to anyone (including family, friends, employers and journalists), for any purpose, (3) EAT decisions highlighting the need for clarity when a disciplinary process is initiated during notice period and providing a reminder that a debarred respondent should generally be able to participate in a remedy hearing, (4) news that the DBT has ‘named and shamed’ 491 companies for failing to pay the national minimum wage, (5) a joint submission by the Trans Advocacy and Complaints Collective and the Trans Exile Network to the Council of Europe’s Directorate General of Human Rights and Rule of Law, asking it to reopen enforcement of ECHR judgments in Goodwin v UK and Grant v UK, (6) a letter from the EHRC to the Minister for Women and Equalities, urging her to approve the updated Code of Practice for services etc without further delay, (7) a letter from the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, to the Chairs of the Joint Committee on Human Rights and of the Women and Equalities Committee outlining concerns about the current climate for trans people in the UK, (8) a planned employment tribunal outage on 11 November 2025, (9) a new playbook for a pro-client, company-to-company consultancy agreement, (10) dates for your diary, and (11) other news items of interest to employment practitioners.

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