The Equality Act 2010: what it means for you

The Equality Act 2010 protects employees and job applicants from discrimination, harassment, and victimisation on the basis of nine protected characteristics. Discrimination can be direct or indirect, intentional or unintentional. That last point matters more than most employers realise.

Indirect discrimination occurs when a policy or practice applies equally to everyone but puts people with a particular protected characteristic at a disadvantage. A blanket requirement to work on a specific day that falls on a religious observance day, for example, could amount to indirect discrimination even if the policy was not designed with that effect in mind.

Claims under the Equality Act can be brought from day one of employment, and there is no cap on the compensation that can be awarded. Getting the fundamentals right is not optional.

Policies that reflect your business and your people

An equality and diversity policy sets out your commitment to treating everyone fairly and the standards you expect from everyone in your business. It should cover: your commitment to equal opportunities in recruitment and employment, the protected characteristics covered by the Equality Act, how complaints of discrimination or harassment will be handled, and the responsibilities of managers and employees.

We build equality and diversity policies for clients that are bespoke, plain-English, and actually usable. Not a document that sits in a folder. Something your managers can refer to when a situation arises and understand what it means for how they act.

Alongside a standalone policy, your disciplinary and grievance procedure, your bullying and harassment policy, and your recruitment practices all need to be considered through an equality lens. We review the full picture and make sure everything is consistent.

Recruitment and selection

The risk of discrimination claims does not begin on an employee's first day. It begins at the point of advertising a role. Job adverts, person specifications, interview questions, and selection decisions all need to be considered carefully.

Common mistakes include: writing job adverts that inadvertently exclude applicants with certain protected characteristics, asking questions in interviews that stray into protected characteristic territory, and making selection decisions that cannot be objectively justified.

We advise on fair recruitment practices and can review your processes before a hiring campaign to identify risks before they become claims.

When discrimination complaints arise

If an employee raises a concern about discrimination, harassment, or victimisation, it must be taken seriously and investigated properly. The fact that you did not intend to discriminate, or that you believe the complaint is unfounded, does not reduce your obligation to investigate fairly.

We manage discrimination and harassment complaints through our grievance management service, providing independent investigation where that is needed and advising on the outcome. We also work alongside specialist legal partners for cases where the legal complexity warrants additional support.

Building a genuinely inclusive workplace

Compliance is the floor, not the ceiling. The businesses that attract and retain good people are usually the ones where people feel genuinely respected and where difference is seen as a strength.

That does not require a large EDI programme or a dedicated HR team. It requires clear leadership from the top, policies that mean something, managers who understand their responsibilities, and a consistent approach to how everyone in the business is treated.

We help clients build toward this through manager guidance, policy review, and practical advice that is proportionate to the size of the business. Small businesses can build genuinely inclusive workplaces. It starts with getting the foundations right.