7. Discrimination 



The Equality Act 2010 (EA 10) became law on 8 April 2010. The EA 10 did not make many significant changes to existing equality laws, but it helpfully consolidated all those laws under one piece of legislation. The EA 10 must be interpreted so far as possible in line with European Union (EU) law, in particular, the EU Employment Equality Framework Directive 2000/78. It must also be interpreted consistently with the European Convention on Human Rights.


The Equality and Human Rights Commission (EHRC) has issued a Code of Practice on Employment (the EHRC Code), available to download from the EHRC website. Tribunals must consider this Code when making their decisions.



The EHRC has also published guidance on the Public Sector Equality Duty (PSED) and on carrying out equality audits.



The government Equalities Office has also produced guidance, available from the GOV.UK website.



The TUC has published many guides, including a guide to equality law, and a separate PSED “toolkit”. Many unions have published their own guidance and equality toolkits for reps and negotiators.



The impact of EU law on the development of the UK’s equality laws has been far-reaching, and the long-term impact of the UK’s decision to leave the EU on this area of law is very uncertain. Some specific areas of concern are highlighted in Chapter 1, in the box on page 19.