7. Discrimination 




Equality law in the UK is regulated by the Equality Act 2010 (EA 10). The EA 10 must be interpreted so far as possible in line with European Union (EU) law and also with the European Convention on Human Rights.
 EU law has had a far-reaching impact on the UK’s equality laws, and the long-term impact of the UK’s decision to leave the EU on this area of law is very uncertain. The box on page 20, Chapter 1 highlights some specific areas of concern. 


The UK’s equality watchdog is the Equality and Human Rights Commission (EHRC). The EHRC is a statutory body but it operates independently. It enforces equality rights through inquiries and investigations, by supporting test cases through the courts and by conducting research and generating written guidance. Dramatic cuts to its budget (down from around £62 million in 2010 to £17.4 million in 2019-20) have undermined the EHRC’s effectiveness, and In October 2017, the EHRC marked its tenth anniversary by calling for greater powers and better resourcing, highlighting the growth of “advice deserts” in parts of the UK where, following cuts to legal aid and the closure of advice centres, there are no specialist legal aid advisers left. 


The EA 10 is supported by a statutory Code of Practice on Employment (the EHRC Code), prepared by the EHRC and available to download from their website. Tribunals must consider the EHRC Code when making decisions.



The TUC has published many guides and toolkits covering different aspects of equality law, including the Public Sector Equality Duty (PSED). Unions have also published their own online guidance and equality toolkits for reps and negotiators.




As with all tribunal claims, until July 2017, individuals who had suffered discrimination, harassment or victimisation had to pay a fee of £1,200 to bring a tribunal claim, with additional fees for any appeal. Employment tribunal fees were abolished in July 2017, in a landmark judicial review challenge by public services union UNISON (see Chapter 1).