7. Discrimination 





Equality law in the UK is regulated by the Equality Act 2010 (EA 10). European Union 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 pages 19-21, 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 has the power to enforce equality rights through inquiries and investigations, by supporting test cases through the courts, conducting research and generating written guidance. 


Dramatic budget cuts (from around £62 million in 2010 to £17.4 million in 2019-20) have undermined the EHRC’s effectiveness at enforcing the EA 10. In particular, the decision to outsource the EHRC’s helpline (now provided by the Equality Advisory and Support Service) is widely regarded as a negative step, limiting the intelligence needed by the EHRC to mount effective strategic challenges. In October 2017, the EHRC marked its 10th 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), written 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.
There is good evidence that workplaces with an active recognised trade union achieve better equality outcomes than those without.




As with all tribunal claims, until July 2017, individuals who 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 page 23).