Relevant legislation

This page provides an overview of the equality and diversity legislation that public authorities including those in the health and social care sector have to take into consideration when carrying out their duties.

The Equality Act 2010

The Equality Act 2010 replaces the range of anti-discrimination legislation including:

  • Sex Discrimination Act 1975
  • Race Relations Act 1976 and Amendment Act 2000
  • Disability Discrimination Act 1995.

According to the Equality and Human Rights Commission “It simplifies, streamlines and strengthens the law. It gives individuals greater protection from unfair discrimination and makes it easier for employers and companies to understand their responsibilities. It also sets a new standard for those who provide public services to treat everyone, with dignity and respect.”

The Equality Act 2010 created a new public sector equality duty.

The Public Sector Equality Duty came into force across Great Britain on 5 April 2011. It requires that public bodies including NHS organisations give consideration to all individuals when carrying out their day-to-day work, in shaping policy, in delivering services and in relation to their own employees.

In particular, the Equality Act creates a general duty for public bodies which means that they must:

  • have due regard to the need to eliminate discrimination
  • advance equality of opportunity
  • foster good relations between different people when carrying out their activities.

The Equality Act 2010 creates a series of specific duties to support the general duty. They differ significantly in strength across England, Scotland, and Wales.

The specific duty in England requires that public bodies publish information to demonstrate its compliance with the general equality duty.  This information must include, in particular, information relating to people who share a protected characteristic who are:

  • its employees
  • people affected by its policies and practices
  • Public authorities with fewer than 150 employees are exempt from the requirement to publish information on their employees.

The Equality Act 2010 also sets out which groups are protected against discrimination because of their personal or ‘protected’ characteristics which are listed below:

  • age
  • gender identity
  • marriage or civil partnership
  • pregnancy or maternity
  • disability
  • race including nationality, ethnic or national origin
  • religion, belief or lack of religion/belief
  • gender
  • sexual orientation.

The Equality Act 2010, protects those with the above characteristics from discrimination in the following situations:

  • at work
  • in education
  • as a consumer
  • when using public services
  • when buying or renting property
  • as a member or guest of a private club or association
  • you’re associated with someone who has a protected characteristic, eg a family member or friend
  • you’ve complained about discrimination or supported someone else’s claim.


For further information about the Equality Act 2010 please visit the Equality and Human Rights website