Learning Outcomes
This article outlines solicitors’ equality and diversity obligations under the Equality Act 2010, including:
- The nine protected characteristics under the Equality Act 2010 and differential treatment of specific characteristics (e.g., disability and age)
- Forms of prohibited conduct: direct discrimination (including associative and perceived), indirect discrimination, harassment (including sexual harassment), victimisation, and discrimination arising from disability
- The duty to make reasonable adjustments for disabled people, including the three adjustment routes (PCP, physical features and auxiliary aids) and the meaning of “reasonable” in context
- Solicitors’ obligations as service providers (including anticipatory duties) and as employers (including recruitment, promotion, training, dismissal and workplace culture)
- Statutory defences, exceptions and justifications, including objective justification for indirect discrimination, genuine occupational requirements, positive action and the “all reasonable steps” defence
- Vicarious liability, the preventive duty regarding sexual harassment, the burden of proof, and forum, time limits and remedies for Equality Act claims
- Alignment of SRA Principles and Codes of Conduct (especially Principle 6 and Code para 1.1) with Equality Act duties in practice policies, supervision and reporting
SQE1 Syllabus
For SQE1, you are required to understand the Equality Act 2010 as it applies to solicitors in practice, with a focus on the following syllabus points:
- 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.
The SRA expects firms to embed equality into culture, systems and supervision. Principle 6 requires acting in a way that encourages equality, diversity and inclusion; the Code for Solicitors (para 1.1) prohibits unfair discrimination in professional relationships and service delivery. These regulatory duties sit alongside, and strengthen, duties under the Equality Act.
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.
While the same high-level rules apply across all characteristics, the Act treats some differently in detail:
- Disability has bespoke provisions: discrimination arising from disability and the positive duty to make reasonable adjustments.
- Age can, exceptionally, justify some forms of direct discrimination where proportionate (for example, certain benefits or insurance-related practices).
- Pregnancy and maternity are protected without requiring a comparator; unfavourable treatment because of pregnancy or maternity leave is unlawful.
Associative discrimination (treating someone less favourably because of their association with a person who has a protected characteristic) and perceived discrimination (treating someone less favourably because you think they have a protected characteristic, whether they do or not) are forms of direct discrimination.
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.
Direct discrimination generally has no defence, save for limited genuine occupational requirements and the special regime for age. It includes discrimination by association and by perception.
Key Term: indirect discrimination
Applying a provision, criterion, or practice that puts people with a protected characteristic at a particular disadvantage, unless objectively justified.
For objective justification, the respondent must show the PCP is a proportionate means of achieving a legitimate aim. Legitimate aims must be genuine and sufficiently important; proportionality demands considering less discriminatory alternatives and the impact on the group affected.
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.
Harassment includes sexual harassment and less favourable treatment because someone submitted to or rejected sexual conduct. Conduct is assessed subjectively and objectively in context; a single incident can suffice if serious.
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).
Victimisation protects complainants, witnesses and those suspected of supporting an Equality Act claim.
Key Term: discrimination arising from disability
Treating a disabled person unfavourably because of something arising in consequence of their disability, unless justified as a proportionate means of achieving a legitimate aim.
This captures, for example, absence management action because of disability-related sickness, and applies where the respondent knew or should reasonably have known of the disability.
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.
The duty comprises three routes:
- PCPs: modifying a provision, criterion or practice that substantially disadvantages a disabled person.
- Physical features: removing or altering a physical feature, or providing a reasonable means of avoiding it.
- Auxiliary aids/services: providing equipment or services (for example, a BSL interpreter, screen reader-compatible documents or a note-taker).
For service providers, the duty is anticipatory. Firms must plan ahead—review premises, websites, client onboarding and communications—so services are accessible without waiting for a specific request. For employers, the duty is individual: when the firm knows, or could reasonably be expected to know, an employee or applicant is disabled and disadvantaged, it must consider reasonable adjustments. Reasonableness depends on factors such as effectiveness, practicability, cost, disruption, and the size/resources of the firm.
Worked Example 1.1
A candidate discloses dyslexia when applying for a trainee position. The firm requires a timed written test with handwritten answers. The candidate asks to use a laptop and to have 25% extra time.
Answer:
These are classic adjustments to a PCP in recruitment. The firm should consider and generally provide them if reasonably practicable. Refusal without sound justification risks a failure to make reasonable adjustments and discrimination arising from disability.
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.
The anticipatory duty means firms should:
- offer accessible formats (large print, Plain English, screen-reader-friendly PDFs) and accessible premises or alternatives (home visits/video, step-free routes)
- ensure websites and digital portals meet recognised accessibility standards
- train front-line staff to recognise and respond appropriately to adjustment requests
- avoid policies that disproportionately disadvantage particular groups (for example, inflexible in-person-only ID checks where reasonable alternatives such as digital verification are available)
There are limited exceptions for certain services (for example, single-sex services in narrow circumstances), but most legal services will not fall within these. Where a matter must be declined for legitimate reasons (for example, a conflict of interest or money-laundering risk), decisions and communications should be neutral and documented to avoid any inference of discriminatory motive.
Worked Example 1.2
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.
Worked Example 1.3
A client insists that only a “white British” fee-earner should handle their matter. The firm considers reallocating the file to accommodate the request.
Answer:
The firm must not accede to discriminatory client preferences. Reallocating work on that basis risks unlawful discrimination against staff and breaches SRA Principles. The appropriate response is to refuse the discriminatory request and, if necessary, consider terminating the client retainer on proper grounds.
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.
Legal risk areas include:
- Job adverts and selection criteria: avoid criteria that indirectly disadvantage protected groups unless justified.
- Pre-employment health questions: these are generally prohibited before a conditional offer, save for limited permitted purposes (such as identifying reasonable adjustments, establishing essential job requirements or diversity monitoring).
- Promotion and work allocation: guard against “tap on the shoulder” or opaque processes that embed disadvantage; monitor for disparate impact.
- Dress codes and working patterns: ensure policies do not discriminate, including on grounds of religion or belief, sex or disability.
- Sickness and performance management: take care with disability-related absence or performance issues; consider adjustments first.
Vicarious liability means employers are liable for acts of discrimination and harassment by employees in the course of employment, unless they can show they took all reasonable steps to prevent the conduct (for example, up-to-date training, clear policies, prompt investigations and sanctions). In addition, employers now have a proactive duty to take reasonable steps to prevent sexual harassment of employees; failing to do so may aggravate liability.
Worked Example 1.4
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.
Worked Example 1.5
A recruiter asks an applicant about their health history at first interview to gauge “stress tolerance” and whether they would “fit in” to a high-pressure team.
Answer:
Asking about health before making a conditional offer is generally prohibited. Doing so risks claims of disability discrimination and evidential inferences against the firm if the applicant is rejected.
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.
The Code for Firms expects:
- leadership and governance that support EDI and address risks
- appropriate policies, controls and training to prevent discrimination and harassment, including by clients or third parties
- prompt, fair investigations of complaints and robust responses
- monitoring and, where prescribed, publication of workforce diversity data
- supervision that ensures services are tailored to clients’ attributes and circumstances
These regulatory expectations strengthen Equality Act duties and support an “all reasonable steps” defence where available.
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. General positive action can include targeted outreach, mentoring or internships where evidence shows disadvantage or low participation. For recruitment and promotion decisions between candidates who are “as qualified as” each other, a limited tie-break provision allows selection of the under-represented candidate, provided the measure is proportionate, not automatic, and the employer continues to assess each person on merit.
Worked Example 1.6
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, flexibility over appointment times and formats, adjusted targets, alternative equipment or reallocation of non-essential duties.
Worked Example 1.7
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.
Worked Example 1.8
An associate with multiple sclerosis requests a cooler workspace and more frequent rest breaks during flare-ups. The manager refuses, citing “team fairness”.
Answer:
These are classic adjustments (auxiliary aids/services and modification of a PCP). If effective and practicable, they should be implemented. Refusal risks a failure to make reasonable adjustments and discrimination arising from disability.
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.
Harassment can be by colleagues, managers or third parties (such as clients or counsel). Employers should train staff, set expectations with clients, and intervene quickly. A failure to prevent or respond properly may increase exposure and could lead to regulatory scrutiny.
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.
Worked Example 1.9
A trainee supports a colleague’s internal complaint about racial harassment. Shortly after, the trainee is removed from a valued secondment without explanation.
Answer:
This is likely victimisation: a detriment because of a protected act (supporting a discrimination complaint).
Enforcement and SRA Compliance
Equality claims by employees and workers are generally brought in the Employment Tribunal within three months less one day of the act complained of (with early conciliation affecting time limits). Claims about services are generally brought in the County Court within six months less one day. Extensions may be granted where just and equitable (Tribunal) or where equitable (County Court).
Remedies include declarations, recommendations and compensation for financial loss and injury to feelings (with guideline “Vento bands” for injury to feelings). There is no statutory cap on discrimination compensation. In employment cases, employers may be vicariously liable for discriminatory acts of employees; a defence exists if the employer took all reasonable steps to prevent the conduct. For sexual harassment, there is also a proactive duty to take reasonable steps to prevent harassment; a failure may lead to an uplift to compensation.
Key Term: vicarious liability
Employer liability for discriminatory acts of employees done in the course of employment, subject to the “all reasonable steps” defence.Key Term: burden of proof
Once a claimant proves facts from which a tribunal or court could conclude discrimination, the burden shifts to the respondent to show they did not discriminate.
The SRA may investigate where failures in culture, supervision or process reveal breaches of Principle 6 or Code para 1.1, even if no Equality Act claim is pursued. The regulator expects:
- policies that are lived (not just written), refreshed training and evidence of action
- documented risk assessments and monitoring of recruitment, promotion and pay outcomes
- timely reporting and remedial steps where issues are identified
- fair treatment of complainants and whistleblowers, consistent with para 7 duties on cooperation and accountability
Worked Example 1.10
A firm has a diversity policy but no training, no monitoring, and a culture that tolerates “banter”. A paralegal brings a harassment claim and wins. Can the firm rely on the “all reasonable steps” defence?
Answer:
Unlikely. A paper policy without implementation and monitoring will rarely suffice. Regular training, leadership messaging and prompt enforcement are typically required to establish the defence.
Key Point Checklist
This article has covered the following key knowledge points:
- The Equality Act 2010 protects nine personal characteristics from discrimination, with distinct rules for disability, pregnancy/maternity and (in limited ways) age.
- Direct discrimination (including associative and perceived), indirect discrimination, harassment, victimisation and discrimination arising from disability are unlawful in legal practice.
- Solicitors must make reasonable adjustments for disabled clients (anticipatory duty) and for disabled staff/applicants (individual duty).
- Service providers must not refuse or provide on worse terms because of a protected characteristic; they must plan for accessibility.
- Employers must embed fair recruitment and workplace practices; pre-employment health questions are restricted; opaque criteria and policies risk indirect discrimination.
- Employers may be vicariously liable for discriminatory acts; taking all reasonable steps and proactively preventing sexual harassment are critical defences and duties.
- The SRA expects active EDI governance, training, monitoring and enforcement; non-compliance can result in regulatory action.
- Equality claims are subject to strict time limits and can lead to uncapped compensation, including injury to feelings.
Key Terms and Concepts
- protected characteristic
- direct discrimination
- indirect discrimination
- harassment
- victimisation
- reasonable adjustment
- equality, diversity, and inclusion
- discrimination arising from disability
- vicarious liability
- burden of proof