# Discrimination under the Equality Act 2010: overview for employment

> **Key takeaway:** EqA 2010: protected characteristics (s.4) + direct (s.13) / indirect (s.19) / s.15 disability / adjustments (ss.20–21) / harassment (s.26) / victimisation (s.27). Burden shifts (s.136). Procedure: ACAS EC + short time limits. Essop on indirect disadvantage.

- **Jurisdiction:** England & Wales
- **Practice area:** Employment
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Employment/discrimination-equality-act-overview
- **Keywords:** Equality Act 2010, discrimination, direct discrimination, indirect discrimination, reasonable adjustments, harassment, victimisation, protected characteristics, employment tribunal

## What is this about?

The Equality Act 2010 consolidates protection against discrimination in employment and other fields. For workplace claims, the key building blocks are protected characteristics, prohibited conduct (direct discrimination, indirect discrimination, harassment, victimisation), and the employer's liability framework including the reasonable-adjustments duty for disability.

## What is the core rule?

It is unlawful for an employer to discriminate against applicants and employees because of a protected characteristic (EqA 2010 s.4 list: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Core forms: direct discrimination (s.13), discrimination arising from disability (s.15), indirect discrimination (s.19), duty to make reasonable adjustments (ss.20–21), harassment (s.26), and victimisation (s.27). Burden of proof shifts under s.136 once a prima facie case is shown.

## What are the elements or test?

1. Identify the protected characteristic(s) relied on
2. Identify the prohibited conduct: direct, indirect, s.15 (disability), harassment, victimisation, failure to make reasonable adjustments
3. For direct: less favourable treatment because of the characteristic (including associative/perceptive forms where the Act allows)
4. For indirect: PCP, particular disadvantage to the group, claimant suffered that disadvantage, can respondent show proportionate means of achieving a legitimate aim?
5. For disability: is there a disability (s.6), and for adjustments: know/ought to know, substantial disadvantage, reasonable steps?
6. Procedure: ACAS Early Conciliation, time limits (usually 3 months less one day, with extensions), tribunal jurisdiction

## Which authorities matter?

- **Equality Act 2010, ss.4, 13, 15, 19, 20–21, 26, 27, 136** — Core definitions of protected characteristics, prohibited conduct, reasonable adjustments, and burden of proof.
- **Essop v Home Office; Naeem v Secretary of State for Justice [2017] UKSC 27, [2017] 1 WLR 1343** — Supreme Court guidance on indirect discrimination group disadvantage and the claimant's need to show the PCP caused their disadvantage.
- **Archibald v Fife Council [2004] UKHL 32, [2004] 4 All ER 303; Environment Agency v Rowan [2008] ICR 218 (EAT)** — Archibald is leading House of Lords authority on the scope of the reasonable-adjustments duty; Rowan is a frequently cited structured checklist (disability, knowledge, PCP/feature/aid, substantial disadvantage, reasonableness of steps).

## How does this apply in practice?

This is an employment-focused overview. Goods and services, premises, and public-function duties are outside scope. Equal pay (sex equality clauses) is a related but specialised regime. Always check current time-limit and Early Conciliation practice. Codes of Practice (EHRC) are persuasive in tribunals.

## What are common pitfalls?

- Pleading direct discrimination where the real complaint is indirect or reasonable adjustments
- Missing the s.15 'discrimination arising from disability' route, which does not require a non-disabled comparator in the same way as direct
- Assuming any workplace unkindness is harassment without the related-to-characteristic link
- Overlooking the employer's knowledge requirement for reasonable adjustments

## When would a practitioner use this?

Use when scoping tribunal claims, drafting ET1 grounds, or advising employers on PCP risk and adjustments.

## Quick reference

EqA 2010: protected characteristics (s.4) + direct (s.13) / indirect (s.19) / s.15 disability / adjustments (ss.20–21) / harassment (s.26) / victimisation (s.27). Burden shifts (s.136). Procedure: ACAS EC + short time limits. Essop on indirect disadvantage.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*