Learning Outcomes
After reading this article, you will be able to identify the nine protected characteristics under the Equality Act 2010, distinguish between direct and indirect discrimination, harassment, and victimisation, and explain how these obligations apply to solicitors as service providers and employers. You will also understand the SRA's expectations for equality, diversity, and inclusion, and be able to apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the Equality Act 2010 as it applies to solicitors in practice. Focus your revision on:
- the nine protected characteristics under the Equality Act 2010
- the main forms of prohibited conduct (direct discrimination, indirect discrimination, harassment, victimisation)
- the duty to make reasonable adjustments for disabled people
- solicitors’ obligations as service providers and employers
- the SRA’s requirements for equality, diversity, and inclusion in legal practice
- how to identify and apply these rules in realistic client and workplace scenarios
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.
- Name three protected characteristics under the Equality Act 2010.
- What is the difference between direct and indirect discrimination?
- What duty does a solicitor owe to a disabled client under the Equality Act 2010?
- What is victimisation under the Equality Act 2010?
Introduction
The Equality Act 2010 is the primary anti-discrimination law in England and Wales. It consolidates previous legislation and sets out clear rules to prevent unfair treatment based on specific personal characteristics. Solicitors must comply with these rules in their dealings with clients, staff, and the public. The Act also interacts with the SRA Principles and Codes of Conduct, making equality and diversity a professional as well as a legal obligation.
Protected Characteristics
The Act lists nine protected characteristics. Discrimination based on any of these is generally unlawful.
Key Term: protected characteristic
A personal attribute protected by the Equality Act 2010. The nine are: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, and sexual orientation.
Prohibited Conduct
The Equality Act 2010 defines several types of conduct that are unlawful if related to a protected characteristic.
Key Term: direct discrimination
Treating someone less favourably than another because of a protected characteristic.Key Term: indirect discrimination
Applying a provision, criterion, or practice that puts people with a protected characteristic at a particular disadvantage, unless objectively justified.Key Term: harassment
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: victimisation
Subjecting someone to a detriment because they have done, or may do, a protected act (such as making a complaint under the Act).
The Duty to Make Reasonable Adjustments
Solicitors must take positive steps to ensure disabled clients and employees are not placed at a substantial disadvantage compared to non-disabled people.
Key Term: reasonable adjustment
A change to remove or reduce a substantial disadvantage for a disabled person, required by the Equality Act 2010.
Solicitors as Service Providers
Solicitors provide legal services to the public and must not discriminate, harass, or victimise clients or prospective clients. This includes refusing to act, providing services on worse terms, or terminating a retainer because of a protected characteristic.
Worked Example 1.1
A solicitor refuses to act for a client after learning the client is gay. Is this lawful?
Answer: No. Refusing to act because of sexual orientation is direct discrimination and is unlawful under the Equality Act 2010.
Solicitors as Employers
Firms must not discriminate against employees or job applicants in recruitment, terms of employment, promotion, training, dismissal, or any other aspect of employment. Harassment and victimisation are also prohibited.
Worked Example 1.2
A law firm requires all staff to work late evenings. This disadvantages women with childcare responsibilities. Is this policy lawful?
Answer: No. This is likely to be indirect discrimination on grounds of sex, unless the firm can show the policy is a proportionate means of achieving a legitimate aim.
The SRA and Equality, Diversity, and Inclusion
The SRA Principles require solicitors to act in a way that encourages equality, diversity, and inclusion. Firms must have policies to prevent discrimination and support diversity. Failure to comply can lead to disciplinary action.
Key Term: equality, diversity, and inclusion
The professional and regulatory requirement to treat people fairly, value differences, and ensure everyone can participate fully.
Positive Action
The Act allows firms to take proportionate steps to address disadvantage or under-representation of people with a protected characteristic. However, positive action is only lawful if the person selected is as qualified as others.
Worked Example 1.3
A firm shortlists two equally qualified candidates for promotion. One is from an under-represented ethnic group. The firm gives the promotion to that candidate to improve diversity. Is this lawful?
Answer: Yes, provided both candidates are equally qualified and the action is proportionate, this is permitted positive action under the Equality Act 2010.
Reasonable Adjustments in Practice
Solicitors must anticipate and plan for the needs of disabled clients and employees. Adjustments might include providing documents in accessible formats, step-free access, or flexible working arrangements.
Worked Example 1.4
A visually impaired client asks for correspondence in large print. The firm refuses, saying it is too much trouble. Is this lawful?
Answer: No. The firm is required to make reasonable adjustments for disabled clients. Refusal is unlawful discrimination.
Harassment and Victimisation
Firms must prevent harassment and victimisation in the workplace and in service provision. This includes unwanted jokes, comments, or conduct related to a protected characteristic, and punishing someone for raising a discrimination complaint.
Exam Warning
Harassment does not require the victim to have the protected characteristic themselves. It is enough that the conduct is related to a protected characteristic.
Enforcement and SRA Compliance
The SRA expects firms to have clear policies, provide regular training, and monitor compliance with equality and diversity duties. Non-compliance can result in investigation and sanctions.
Key Point Checklist
This article has covered the following key knowledge points:
- The Equality Act 2010 protects nine personal characteristics from discrimination.
- Direct and indirect discrimination, harassment, and victimisation are unlawful in legal practice.
- Solicitors must make reasonable adjustments for disabled clients and staff.
- Firms must not discriminate in providing services or in employment.
- The SRA requires solicitors to encourage equality, diversity, and inclusion.
- Positive action is permitted only in limited, proportionate circumstances.
- Failure to comply with equality duties can result in disciplinary action.
Key Terms and Concepts
- protected characteristic
- direct discrimination
- indirect discrimination
- harassment
- victimisation
- reasonable adjustment
- equality, diversity, and inclusion
