The Equality Act 2010 - Application within legal services

Learning Outcomes

After reading this article, you will be able to identify the protected characteristics under the Equality Act 2010, distinguish between direct and indirect discrimination, harassment, and victimisation, and explain the duties of legal professionals as service providers and employers. You will also understand the requirement to make reasonable adjustments and apply these principles to realistic legal services scenarios for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the Equality Act 2010 as it applies to legal services. This includes the identification of protected characteristics, the main forms of prohibited conduct, and the obligations of solicitors as both service providers and employers. In your revision, focus on:

  • the nine protected characteristics under the Equality Act 2010
  • the definitions and practical implications of direct discrimination, indirect discrimination, harassment, and victimisation
  • the duty to make reasonable adjustments for disabled people
  • the application of the Act to solicitors as service providers and employers
  • vicarious liability and positive action in legal practice
  • the overlap between the Act and professional conduct obligations

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which of the following is a protected characteristic under the Equality Act 2010?

    • a) Social class
    • b) Disability
    • c) Political opinion
    • d) Length of service

  2. What is the main difference between direct and indirect discrimination?

  3. What is the anticipatory duty to make reasonable adjustments, and who does it apply to?

  4. Can a solicitor be held liable for harassment committed by an employee? Explain briefly.

Introduction

The Equality Act 2010 is the principal anti-discrimination statute in England and Wales. It consolidates previous legislation and sets out clear rules to prevent unfair treatment in employment and the provision of services. For legal professionals, understanding and applying the Act is essential—both to comply with the law and to meet professional conduct standards required for SQE1.

Protected Characteristics

The Act protects individuals from discrimination based on specific personal attributes, known as protected characteristics.

Key Term: protected characteristics
The nine personal attributes protected by the Equality Act 2010: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, and sexual orientation.

Prohibited Conduct

The Equality Act 2010 prohibits several forms of discriminatory behaviour. These are known as prohibited conduct.

Key Term: prohibited conduct
Unlawful behaviour under the Equality Act 2010, including direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments.

Direct Discrimination

Direct discrimination occurs when a person is treated less favourably than another because of a protected characteristic.

Key Term: direct discrimination
Less favourable treatment of a person because of a protected characteristic compared to how others are or would be treated.

Worked Example 1.1

A law firm refuses to interview a candidate because she is pregnant. Is this direct discrimination?

Answer: Yes. The candidate is treated less favourably because of pregnancy, a protected characteristic.

Indirect Discrimination

Indirect discrimination arises when a policy or practice applies to everyone but disadvantages people with a particular protected characteristic.

Key Term: indirect discrimination
A provision, criterion, or practice that applies to all but puts people with a protected characteristic at a particular disadvantage, unless justified as a proportionate means of achieving a legitimate aim.

Worked Example 1.2

A firm requires all staff to work Saturdays. This disadvantages Jewish employees who observe the Sabbath. Is this indirect discrimination?

Answer: Yes, unless the firm can objectively justify the requirement as a proportionate means of achieving a legitimate aim.

Harassment

Harassment is unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Key Term: harassment
Unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an offensive environment.

Victimisation

Victimisation occurs when someone is treated unfavourably because they have done, or may do, a protected act (such as making a discrimination complaint).

Key Term: victimisation
Subjecting a person to a detriment because they have done or may do a protected act under the Equality Act 2010.

Worked Example 1.3

A trainee solicitor supports a colleague's discrimination claim. As a result, she is denied a promotion. What type of prohibited conduct is this?

Answer: Victimisation. She is treated unfavourably for supporting a protected act.

Duty to Make Reasonable Adjustments

The Act imposes a positive duty to make reasonable adjustments for disabled people. This applies to both service providers and employers.

Key Term: reasonable adjustments
Steps that must be taken to remove or reduce substantial disadvantage for disabled people compared to non-disabled people.

Worked Example 1.4

A client with a visual impairment requests documents in large print. The firm refuses, saying it is too costly. Is this lawful?

Answer: No. The firm has an anticipatory duty to make reasonable adjustments for disabled clients, unless the adjustment is unreasonable due to cost or practicality.

Exam Warning

The duty to make reasonable adjustments for disabled people is anticipatory for service providers. Firms must consider potential needs in advance, not just react when a request is made.

Solicitors as Service Providers

Solicitors must not discriminate against clients or prospective clients in the provision of legal services. This includes refusing to act, providing services on less favourable terms, or terminating a retainer because of a protected characteristic.

Key Term: service provider
Any person or business offering services to the public, including solicitors and law firms.

Solicitors must also not harass or victimise clients. The Act applies to all legal service providers, whether regulated or not, and covers both paid and pro bono work.

Worked Example 1.5

A solicitor refuses to act for a client after learning the client is gay. Is this lawful?

Answer: No. This is direct discrimination based on sexual orientation.

Solicitors as Employers

Firms must not discriminate against, harass, or victimise employees or job applicants. This includes recruitment, terms of employment, promotion, training, and dismissal.

Key Term: employer
Any person or organisation employing staff, including law firms.

Employers must also make reasonable adjustments for disabled employees or applicants, but only when they know or ought reasonably to know of the disability.

Worked Example 1.6

A candidate with Asperger’s syndrome requests to take a written test instead of a multiple-choice test during recruitment. The firm refuses. Is this a breach?

Answer: Yes. The firm has failed to make a reasonable adjustment for a disabled applicant.

Vicarious Liability

Firms can be held vicariously liable for acts of discrimination, harassment, or victimisation committed by employees in the course of employment, even if the firm was unaware. There is a defence if the firm took all reasonable steps to prevent the conduct.

Key Term: vicarious liability
Legal responsibility of an employer for unlawful acts of employees committed in the course of employment.

Positive Action

The Act allows, but does not require, positive action to address disadvantage or underrepresentation of people with protected characteristics, provided the action is proportionate and justified.

Key Term: positive action
Lawful measures to help people with a protected characteristic overcome disadvantage or participate more fully, where justified.

Revision Tip

For SQE1, remember that positive action is only lawful where candidates are equally qualified and the action is a proportionate way to address disadvantage.

Overlap with Professional Conduct

Compliance with the Equality Act 2010 is also a professional conduct requirement. Discriminatory conduct may breach SRA Principles and Codes of Conduct, leading to disciplinary action by the SRA.

Key Term: professional conduct
The standards of behaviour and ethics required by the SRA and other regulators for legal professionals.

Summary

Protected CharacteristicExample of Prohibited ConductDuty to Adjust?
AgeRefusing to hire due to ageYes (if disabled)
DisabilityFailing to provide accessible infoYes
RaceHarassment based on ethnicityYes (if disabled)
Religion or BeliefIndirect discrimination (e.g. hours)Yes (if disabled)
SexDenying promotion due to genderYes (if disabled)
Sexual OrientationRefusing services to gay clientYes (if disabled)

Key Point Checklist

This article has covered the following key knowledge points:

  • The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, and sexual orientation.
  • Prohibited conduct includes direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments.
  • Solicitors must not discriminate against clients or employees and must make reasonable adjustments for disabled people.
  • The duty to make reasonable adjustments is anticipatory for service providers and reactive for employers.
  • Firms can be vicariously liable for unlawful acts of employees unless they took reasonable steps to prevent them.
  • Positive action is permitted in limited circumstances if justified and proportionate.
  • Breaches of the Act may also breach professional conduct rules and lead to SRA disciplinary action.

Key Terms and Concepts

  • protected characteristics
  • prohibited conduct
  • direct discrimination
  • indirect discrimination
  • harassment
  • victimisation
  • reasonable adjustments
  • service provider
  • employer
  • vicarious liability
  • positive action
  • professional conduct
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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