Introduction and statutory machinery
6.1Persons with ‘protected characteristics’ are protected from direct and indirect discrimination.
6.2The persons subject to protection are those who share the ‘protected characteristics’ of age, disability, gender re-assignment, marriage and civil partnership
1However, persons who have the protected characteristic of marriage or civil partnership are only protected in relation to work issues because the parts of the Equality Act 2010 covering services and public functions, premises and education do not apply to those characteristics., pregnancy and maternity, race, religion or belief, sex and sexual orientation (see sections 4–12 of the Equality Act 2010).
6.3‘Direct discrimination’ is addressed at section 13:
Direct discrimination
13(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others
…
(3)If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
6.4This wording is broad enough to cover discrimination against the carer of a person with a ‘protected characteristic’, where the discrimination is because of that ‘protected characteristic’.
2See Coleman v Law [2010] 1 CMLR 28, [2010] ICR 242 (the protection of the Equal Treatment Framework Directive 2000/78/EC protected from direct discrimination and harassment employees who were not themselves disabled but who were associated with disabled persons (eg where the parent of a disabled child is treated less favourably than other parents of non-disabled children)).6.5‘Disability discrimination’ is addressed at section 15:
Discrimination arising from disability
15(1) A person (A) discriminates against a disabled person (B) if –
(a)A treats B unfavourably because of something arising in consequence of B’s disability, and
(b)A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
(2)Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.
6.6‘Disability’ is defined at section 6, for these purposes, as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Further provision is made in Schedule 1.
6.7‘Indirect discrimination’ is addressed at section 19:
Indirect discrimination
19(1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s.
(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B’s if–
(a)A applies, or would apply, it to persons with whom B does not share the characteristic,
(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,
(c)it puts, or would put, B at that disadvantage, and
(d)A cannot show it to be a proportionate means of achieving a legitimate aim.
6.8There are many other anti-discrimination provisions, including, in particular, a duty at section 29 on those providing services to the public or exercising a public function to make ‘reasonable adjustments’, as defined in sections 20–22. The duty to make ‘reasonable adjustments’ includes the following core definition:
Duty to make adjustments
20(1) …
(2)The duty comprises the following three requirements.
(3)The first requirement is a requirement, where a provision, criterion or practice of A’s puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
6.9Case-law often considers the duty of managers of premises not to discriminate against occupiers, inter alia, by evicting them, in section 35:
Management
35(1) A person (A) who manages premises must not discriminate against a person (B) who occupies the premises –
(a)in the way in which A allows B, or by not allowing B, to make use of a benefit or facility;
(b)by evicting B (or taking steps for the purpose of securing B’s eviction);
(c)by subjecting B to any other detriment.