The Equality Act 2010 and learning and training


The Equality Act 2010 sets out that workers must not be discriminated against on the basis of: age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation — these are all “protected characteristics”. 


The Act provides protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport; and it provides protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, such as carers.


The Act applies in the area of learning, training and skills.


Guidance on the Act provided by the Equality and Human Rights Commission (EHRC), Your rights to equality at work: training, development, promotion and transfer, gives the following example of how an employer may discriminate against a worker, in this case because they are “associated with a person who has a protected characteristic”: 


“An employer does not ask a worker if they would like to go on a training course because they know the worker has a disabled partner who they assist in day-to-day tasks like washing and dressing. The employer assumes the worker would not want to be away from home for a longer than usual working day, which is what the training would involve. However, the worker should still be asked if they want to go on the course. Instead, they have been excluded from this opportunity. This is very likely to be direct discrimination because of disability.”


The Labour Research Department’s annual employment law guide Law at Work, (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1771) provides detailed guidance on the provisions of the Equality Act 2010. (See pages 27-29 for the effects of the Trade Union Bill on facility time).