Tables showing destinations for the key employment provisions of the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Religion or Belief) Regulations 2003, and Employment Equality (Age) Regulations 2006, which were replaced on 1 October 2010 (with minor exceptions) by the Equality Act 2010.
The Equality Act 2010 (EqA 2010), most of which came into force on 1 October 2010 (see Equality Act 2010: tracker (www.practicallaw.com/7-386-0183)), was intended to harmonise and simplify discrimination law while also making a number of significant changes. It repealed the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Religion or Belief) Regulations 2003, and Employment Equality (Age) Regulations 2006 (except schedule 6).
The tables below set out the destinations for key employment law provisions of the old discrimination legislation, with links to the EqA 2010 and PLC practice notes on the new law. For all PLC Employment materials on the EqA 2010, see A toolkit: discrimination under the Equality Act 2010 (www.practicallaw.com/8-502-3993).
A table showing destinations for the key provisions of the Equal Pay Act 1970 (EqPA 1970), which was repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
EqPA 1970 | Description | EqA 2010 | Commentary |
Section 1(1) | Inclusion of equality clause in contract | See Practice note, Equal pay: overview: Equality clauses (www.practicallaw.com/2-381-2854). | |
Section 1(2)(a) | Application of equality clause - like work | Sections 64, 65(1) and 66(2) | See Equal pay: overview: Like work (www.practicallaw.com/2-381-2854). |
Section 1(2)(b) | Application of equality clause - work rated as equivalent | Sections 64, 65(1) and 66(2) | See Practice note, Equal pay: overview: Work rated as equivalent (www.practicallaw.com/2-381-2854). |
Section 1(2)(c) | Application of equality clause - work of equal value | See Practice note, Equal pay: overview: Work of equal value (www.practicallaw.com/2-381-2854). | |
Section 1(2)(d) | Maternity-related pay | Sections 72, 73 and 74(1)-(5) | |
Section 1(2)(e) | Maternity leave and payment of bonus | Sections 72, 73 and 74(6)-(7) | |
Section 1(2)(f) | Pay increases during maternity leave | Sections 72, 73 and 74(8) and (10) | |
Section 1(3) | Genuine material factor defence | Now the "material factor" defence, with explicit provisions for objective justification in cases of indirect discrimination. See Practice note, Equal pay: overview: The material factor defence (www.practicallaw.com/2-381-2854). | |
Section 1(4) | Definition of like work | See Equal pay: overview: Like work (www.practicallaw.com/2-381-2854). | |
Section 1(5) | Definition of work rated as equivalent | See Practice note, Equal pay: overview: Work rated as equivalent (www.practicallaw.com/2-381-2854). | |
Section 1(5A) | Definitions in relation to maternity equality | ||
Section 1(6)(a) | Definition of "employed" | ||
Section 1(6)(b) | Associated employers | See Practice note, Equal pay: overview: A man in the same employment (www.practicallaw.com/2-381-2854). | |
Section 1(6A) | Office holders: application and definitions | ||
Section 1(6B) | Office holders: further definitions | ||
Section 1(6C) | Office holders: exclusions | Section 52(5) and Paragraph 2, Schedule 6 | |
Section 1(8) | Crown employment or statutory office: application | ||
Section 1(10) | Crown employment or statutory office: definitions | Section 83(2) and (9) and paragraph 2, schedule 6 | |
Section 1(10A) | Application to House of Commons and House of Lords Staff | ||
Section 1(11) | Governing law of contract | n/a | Governing law provisions not replicated in EqA 2010. See Practice note, Equal pay: overview: Establishments in Great Britain (www.practicallaw.com/2-381-2854). |
Section 1(12) | Definition of Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Equal pay: overview: Establishments in Great Britain (www.practicallaw.com/2-381-2854). |
Section 1(13) | Application to men as well as women | Unlike the EqPA 1970, the EqA 2010 is written in gender-neutral language. | |
Section 1A | Definition of political office | Paragraph 2, schedule 6 | |
Section 2(1) | Complaint to employment tribunal | See Practice note, Equal pay: overview: Claims and remedies (www.practicallaw.com/2-381-2854). | |
Section 2(1A) | Application for a declaration | See Practice note, Equal pay: overview: Remedies (www.practicallaw.com/2-381-2854). | |
Section 2(3) | Civil court: power to strike out or refer to tribunal | Section 127(5) and 128 | See Practice note, Equal pay: overview: Remedies (www.practicallaw.com/2-381-2854). |
Section 2(4) | Time limit for bringing claim | ||
Section 2(5) | Limit on arrears of pay | See Practice note, Equal pay: overview: Remedies (www.practicallaw.com/2-381-2854). | |
Section 2ZA(2) | Definition of concealment case, disability case, stable employment case, standard case | Disability case now called an incapacity case to avoid confusion with disability discrimination law. See Practice note, Equal pay: overview: Time limits for equal pay claims (www.practicallaw.com/2-381-2854). | |
Section 2ZA(3) | Qualifying date in standard case | See Practice note, Equal pay: overview: Standard cases (www.practicallaw.com/2-381-2854). | |
Section 2ZA(4) | Qualifying date in stable employment case | See Practice note, Equal pay: overview: Stable work cases (www.practicallaw.com/2-381-2854). | |
Section 2ZA(5) | Qualifying date in concealment case | See Practice note, Equal pay: overview: Concealment cases (www.practicallaw.com/2-381-2854). | |
Section 2ZA(6) | Qualifying date in disability case | See Practice note, Equal pay: overview: Incapacity cases (www.practicallaw.com/2-381-2854). | |
Section 2ZA(7) | Qualifying date in concealment and disability case | See Practice note, Equal pay: overview: Incapacity cases (www.practicallaw.com/2-381-2854). | |
Section 2ZB(2) | Definition of concealment case, disability case and standard case | See Practice note, Equal pay: overview: Entitlement to arrears (www.practicallaw.com/2-381-2854). | |
Section 2ZB(3) | Arrears date in standard case | See Practice note, Equal pay: overview: Entitlement to arrears (www.practicallaw.com/2-381-2854). | |
Section 2ZB(4) | Arrears date in concealment or disability case or both | See Practice note, Equal pay: overview: Entitlement to arrears (www.practicallaw.com/2-381-2854). | |
Section 2ZC | Arrears in Scotland | See Practice note, Equal pay: overview: Entitlement to arrears (www.practicallaw.com/2-381-2854). | |
Section 2A | Procedure in equal value cases | See Practice note, Equal pay: overview: Work of equal value (www.practicallaw.com/2-381-2854). | |
Section 6 | Exclusions | See Practice note, Equal pay: overview: Exclusions (www.practicallaw.com/2-381-2854) and Other categories of individual (www.practicallaw.com/2-381-2854). | |
Section 7B | Questioning of employer (questionnaires) | See Equal pay: overview: Equal pay questionnaires (www.practicallaw.com/2-381-2854). | |
Section 11(2A) | Definition of "under a disability" | Now referred to as "incapacity" to avoid confusion with disability discrimination law. See Practice note, Equal pay: overview: Incapacity cases (www.practicallaw.com/2-381-2854). |
A table showing destinations for the key employment provisions of the Sex Discrimination Act 1975 (SDA 1975), which was repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
SDA 1975 | Description | EqA 2010 (unless stated) | Commentary |
Section 1(1)(a) | Direct sex discrimination | Sections 4 and 13 | |
Section 1(2) | Indirect sex discrimination (work cases) | ||
Section 2(2) | Special treatment afforded to women in connection with pregnancy or childbirth | ||
Section 2A(1) | Direct discrimination on the grounds of gender reassignment | Sections 4 and 13 | |
Section 2A(2)-(4) | Gender reassignment, absence from work | Sections 7 and 16 | See Gender reassignment discrimination (EqA 2010): Absence from work (www.practicallaw.com/4-503-0801). |
Section 3(1)(a) and (2) | Direct discrimination against married persons and civil partners in employment | Sections 4 and 13 | |
Section 3(1)(b) and (2) | Indirect discrimination against married persons and civil partners in employment | ||
Section 3A | Discrimination on grounds of pregnancy or maternity leave (employment) | ||
Section 4 | Discrimination by way of victimisation | ||
Section 4A | Harassment, including sexual Harassment | See Practice note, Sex discrimination (EqA 2010): Harassment (www.practicallaw.com/2-502-9610). | |
Section 5 | Interpretation | Sections 11, 23 and 25 | See Practice note, Sex discrimination (EqA 2010): Definition of sex (www.practicallaw.com/2-502-9610), Direct discrimination: Comparators (www.practicallaw.com/2-502-9610) and Types of discrimination (www.practicallaw.com/2-502-9610). |
Section 6(1)-6(2D) | Applicants and employees | Sections 39 and 40 | |
Section 6(2)-6(2D) | Applicants and employees: third party harassment | ||
Section 6(5) and (6) | Exclusion of equal pay claims | Sections 70 and 71 | Changed to enable direct sex discrimination claims in relation to contractual pay where no equal pay claim can be made out. See Practice notes, Equal pay: overview: Equal pay or sex discrimination claim? (www.practicallaw.com/2-381-2854) and Sex discrimination (EqA 2010): The relationship between sex discrimination and equal pay (www.practicallaw.com/2-502-9610). |
Section 6(7) | Benefits and services provided to the public | Paragraph 19, Schedule 9 | |
Section 6A | Exception relating to terms and conditions during maternity leave | Paragraph 17, Schedule 9 | |
Section 7 | Exception where sex is a genuine occupational qualification | Part 1, Schedule 9 | GOQs replaced by "occupational requirements". See Practice note, Sex discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/2-502-9610). |
Section 7A | Genuine occupational qualification exception relating to gender reassignment discrimination | Part 1, Schedule 9 | GOQs replaced by "occupational requirements". See Practice note, Gender reassignment discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/4-503-0801). |
Section 7B | Supplementary occupational qualification exceptions relating to gender reassignment | Part 1, Schedule 9 | GOQs replaced by "occupational requirements". See Practice note, Gender reassignment discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/4-503-0801). |
Section 8 | Equal Pay Act 1970 | Sections 70 and 71 | Changed to enable direct sex discrimination claims in relation to contractual pay where no equal pay claim can be made out. See Practice notes, Equal pay: overview: Equal pay or sex discrimination claim? (www.practicallaw.com/2-381-2854) and Sex discrimination (EqA 2010): The relationship between sex discrimination and equal pay (www.practicallaw.com/2-502-9610). |
Section 9 | Contract workers | ||
Section 10 | Meaning of employment at establishment in Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Discrimination in employment: who is protected and who is liable? (EqA 2010): Territorial scope of the EqA 2010 (www.practicallaw.com/8-502-3484). |
Section 10A and 10B | Office-holders etc. | Sections 49, 50, 51 and 52 | |
Section 11 | Partnerships | Sections 44, 45 and 46 | |
Section 12 | Trade unions etc. | ||
Section 13 | Qualifications bodies | Sections 53 and 54 | |
Section 14 | Persons concerned with provision of vocational training | Sections 55 and 56 | |
Section 15 | Employment agencies etc. | Sections 55 and 56 | |
Section 16 | Training Commission etc. | Sections 55 and 56 | |
Section 17 | Police | Sections 42 and 43 | |
Section 18 | Prison officers | n/a | Requirements relating to height could not amount to unlawful sex discrimination under the SDA 1975. This is not repeated in the EqA 2010 so a discriminatory height requirement would have to amount to an occupational requirement. See Practice note, Sex Discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/2-502-9610). |
Section 19 | Ministers of religion etc. | Paragraph 2, Schedule 9 | |
Section 20A | Relationships which have come to an end | ||
Section 35A | Barristers | ||
Section 35B | Advocates | ||
Section 37 | Discriminatory practices | Section 24A, Equality Act 2006 | Inserted by paragraph 13 of Schedule 26 to the EqA 2010. See Practice note, Equality and Human Rights Commission: Enforcement powers (www.practicallaw.com/3-376-2349). |
Section 38 | Discriminatory advertisements | Section 39, EqA 2010 and section 24A, Equality Act 2006 | Specific provisions on adverts are no longer necessary as discriminatory adverts are unlawful under section 39 of the EqA 2010. See Practice notes, Discrimination in employment: who is protected and who is liable? (EqA 2010): Advertisements (www.practicallaw.com/8-502-3484) and Equality and Human Rights Commission: Enforcement powers (www.practicallaw.com/3-376-2349). |
Section 39 | Instructions to discriminate | ||
Section 40 | Pressure to discriminate | ||
Section 41 | Liability of employers and principals | ||
Section 41(3) | Reasonable steps defence | ||
Section 42 | Aiding unlawful acts | ||
Section 45 | Insurance | Paragraph 20, Schedule 9 | See Practice note, Sex Discrimination (EqA 2010): Other exceptions (www.practicallaw.com/2-502-9610). |
Section 47 | Discriminatory training by certain bodies (positive action) | ||
Section 48 | Other discriminatory training (positive action) | ||
Section 51 | Acts done for purposes of protection of women | Paragraph 2, Schedule 22 | |
Section 52 | Acts safeguarding national security | ||
Section 62 | Restriction of proceedings for breach | ||
Section 63 | Jurisdiction of employment tribunal | ||
Section 63A | Burden of proof | ||
Section 65 | Remedies | ||
Section 74 | Help for aggrieved persons in obtaining information (questionnaire procedure) | ||
Section 76 | Period within which proceedings to be brought (time limits) | ||
Section 76A | Public authorities: general statutory duty | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). | |
Section 76B | Specific duties | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). | |
Section 76C | Specific duties (Scotland) | Sections 150, 151, 152, 153 and 154 | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). |
Section 77 | Validity and revision of contracts | Sections 142, 143, 144 and 147 | |
Section 77(4A)-(4D) | Compromise contracts | There are difficulties with the drafting of this provision. See Practice note, Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). | |
Section 82 | General interpretation (including definition of gender reassignment) | Sections 7, 212, 213 and 214, and Schedule 28 | |
Section 85 | Application to Crown | Sections 50, 79(5), 80(2)(b), 83(2) and (7) and paragraph 4, Schedule 9 |
A table showing destinations for the key employment provisions of the Race Relations Act 1976 (RRA 1976), which was repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
RRA 1976 | Description | EqA 2010 (unless stated) | Commentary |
Section 1(1)(a) | Direct discrimination | Sections 4 and 13 | |
Section 1(1)(b) | Indirect discrimination (nationality) | ||
Section 1A | Indirect discrimination (race, ethnic or national origins) | ||
Section 2 | Victimisation | See Practice note, Race discrimination (EqA 2010): Victimisation (www.practicallaw.com/7-503-0343). | |
Section 3 | Meaning of racial grounds, racial group etc. | See Practice note, Race discrimination (EqA 2010): Definition of race (www.practicallaw.com/7-503-0343). | |
Section 3A | Harassment | See Practice note, Race discrimination (EqA 2010): Harassment (www.practicallaw.com/7-503-0343). | |
Section 4 | Applicants and employees | Sections 39 and 40 | |
Section 4A | Exception for genuine occupational requirement | Part 1, Schedule 9 | Now "occupational requirements". See Practice note, Race discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/7-503-0343). |
Section 5 | Exceptions for genuine occupational qualifications | Part 1, Schedule 9 | Genuine occupational qualification provisions not replicated in the EqA 2010. Replaced by occupational requirement exception. See Practice note, Race discrimination (EqA 2010): Occupational requirements (www.practicallaw.com/7-503-0343). |
Section 6 | Exception for training for skills to be exercised outside Great Britain | Paragraph 4, Schedule 23 | Now relates to skills to be exercised outside the EEA. See Practice note, Race discrimination (EqA 2010): Other exceptions (www.practicallaw.com/7-503-0343). |
Section 7 | Contract workers | ||
Section 8 | Meaning of employment at an establishment in Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Discrimination in employment: who is protected and who is liable? (EqA 2010): Territorial scope of the EqA 2010 (www.practicallaw.com/8-502-3484). |
Section 9 | Exception for seamen recruited abroad | n/a | There is now a more limited exception, set out in the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (SI 2011/1771). See Practice note, Race discrimination (EqA 2010): Other exceptions (www.practicallaw.com/7-503-0343). |
Section 10 | Partnerships | Sections 44, 45 and 46 | |
Section 11 | Trade unions etc. | ||
Section 12 | Qualifying bodies | Sections 53 and 54 | |
Section 13 | Persons concerned with provision of vocational training | Sections 55 and 56 | |
Section 14 | Employment agencies | Sections 55 and 56 | |
Section 15 | Training Commission etc. | Sections 55 and 56 | |
Section 26A | Barristers | ||
Section 26B | Advocates | ||
Section 27A | Relationships which have come to an end | ||
Section 28 | Discriminatory practices | Section 24A, Equality Act 2006 | Inserted by para 13 of Schedule 26, EqA 2010. See Practice note, Equality and Human Rights Commission: Enforcement powers (www.practicallaw.com/3-376-2349). |
Section 29 | Discriminatory advertisements | Section 39, EqA 2010 and section 24A, Equality Act 2006 | Specific provisions on adverts no longer necessary as discriminatory adverts are unlawful under section 39. See Practice notes, Discrimination in employment: who is protected and who is liable? (EqA 2010): Advertisements (www.practicallaw.com/8-502-3484) and Equality and Human Rights Commission: Enforcement powers (www.practicallaw.com/3-376-2349). |
Section 30 | Instructions to commit unlawful acts | ||
Section 31 | Pressure to commit unlawful acts | ||
Section 32 | Liability of employers and principals | ||
Section 32(3) | Reasonable steps defence | ||
Section 33 | Aiding unlawful acts | ||
Section 35 | Special needs of racial groups in relation to education, training or welfare | See Practice note, Race discrimination (EqA 2010): Positive action (www.practicallaw.com/7-503-0343). | |
Section 36 | Provision of education or training for persons not ordinarily resident in Great Britain | Paragraph 4, Schedule 23 | Now relates to skills to be exercised outside the EEA. See Practice note, Race discrimination (EqA 2010): Other exceptions (www.practicallaw.com/7-503-0343). |
Section 37 | Discriminatory training by certain bodies (positive action) | ||
Section 38 | Other discriminatory training (positive action) | ||
Section 41 | Acts done under statutory authority | Paragraph 1, Schedule 23 | |
Section 42 | Acts safeguarding national security | ||
Section 53 | Restriction of proceedings for breach | ||
Section 54
| Jurisdiction of employment tribunals | ||
Section 54A | Burden of proof | ||
Section 56 | Remedies | ||
Section 65 | Help for aggrieved persons in obtaining information (questionnaires) | ||
Section 68 | Period within which proceedings must be brought (time limits) | ||
Section 71 | General statutory duty | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). | |
Section 71A | General statutory duty: special cases (immigration and nationality) | Paragraph 2, Schedule 18 | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). |
Section 71B | General statutory duty: Scotland and Wales | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). | |
Section 72 | Validity and revision of contracts | Sections 142, 143, 144 and 147 | |
Section 72(4A)-(4D) | Compromise contracts | There are difficulties with the drafting of this provision. See Practice note, Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). | |
Section 72A | Collective agreements and rules of undertakings | Sections 145, 146 and 148 | |
Section 75 | Application to Crown | ||
Section 75A | Application to House of Commons Staff | ||
Section 75B | Application to House of Lords Staff | ||
Section 76 | Government appointments | Sections 49, 50, 51 and 52 | |
Section 76ZA | Other office-holders | Sections 49, 50, 51 and 52 | |
Section 76A | Police | Sections 42 and 43 | |
Section 76B | Other police bodies | Sections 42 and 43 | |
Section 78 | General interpretation (including meaning of racial grounds and racial group) | Sections 9, 212, 213 and 214, and Schedule 28 | See Practice note, Race discrimination (EqA 2010): Definition of race (www.practicallaw.com/7-503-0343). |
A table showing destinations for the key employment provisions of the Disability Discrimination Act 1995 (DDA 1995), which was repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
DDA 1995 | Description | EqA 2010 (unless stated) | Commentary |
Section 1 | Meaning of disability and disabled person | Section 6 and Schedule 1 | |
Section 2 | Past disabilities | ||
Section 3 | Guidance | ||
Section 3A(1) | Disability-related discrimination | Sections 15 and 19 | Disability-related discrimination has been replaced by the concepts of discrimination arising from disability and indirect disability discrimination. See Practice note, Disability discrimination (EqA 2010): Discrimination arising from disability (www.practicallaw.com/3-502-7601) and Indirect discrimination (www.practicallaw.com/3-502-7601). |
Section 3A(2) | Discrimination by failure to make reasonable adjustments | Sections 20 and 21, and Schedule 8 | |
Section 3A(5) | Direct discrimination | Sections 4 and 13 | |
Section 3B | Harassment | See Practice note, Disability discrimination (EqA 2010): Harassment (www.practicallaw.com/3-502-7601). | |
Section 4 | Employers: discrimination and harassment | Sections 39 and 40 | |
Section 4A | Employers: duty to make adjustments | Sections 20, 21 and 39(5), and Schedule 8 | |
Section 4B | Contract workers | ||
Sections 4C-4F | Office-holders | Sections 49, 50, 51 and 52 | |
Sections 6A-6C | Partnerships | Sections 44, 45 and 46 | |
Sections 7A and 7B | Barristers | ||
Sections 7C and 7D | Advocates | ||
Sections 13 and 14 | Trade organisations | ||
Sections 14A and 14B | Qualifications bodies | Sections 53 and 54 | |
Section 14C and 14D | Practical work experience | Sections 55 and 56 | |
Section 16A | Relationships which have come to an end | ||
Section 16B | Discriminatory advertisements | Section 39, EqA 2010 and section 24A, Equality Act 2006 | Specific provisions on adverts are no longer necessary as discriminatory adverts are unlawful under section 39 of the EqA 2010. See Practice notes, Discrimination in employment: who is protected and who is liable? (EqA 2010): Advertisements (www.practicallaw.com/8-502-3484) and Equality and Human Rights Commission: Enforcement powers (www.practicallaw.com/3-376-2349). |
Section 16C | Instructions and pressure to discriminate | ||
Section 17A(1) | Enforcement | ||
Section 17A(1C) | Burden of proof | ||
Section 17A(2)-(6) | Remedies | ||
Section 18B | Reasonable adjustments (supplementary) | n/a | Section 18B of the DDA 1995 contained a list of factors that had to be taken into account when determining whether an adjustment was reasonable. This list is not found in the EqA 2010, but there is a power in section 22 to make regulations. See Practice note, Disability discrimination (EqA 2010): Reasonableness of adjustments (www.practicallaw.com/3-502-7601). |
Section 21A | Employment services | Sections 55 and 56 | |
Sections 49A-49D | Public authority duties | See PLC Public Sector Practice note, Public sector equality duties (www.practicallaw.com/2-503-2716). | |
Section 55 | Victimisation | ||
Section 56 | Help for aggrieved persons in obtaining information (questionnaires) | ||
Section 57 | Aiding unlawful acts | ||
Section 58 | Liability of employers and principals | ||
Section 59 | Statutory authority and national security etc | See Practice note, Discrimination in employment: exceptions (EqA 2010): National security (www.practicallaw.com/9-502-3493) and Statutory authority (www.practicallaw.com/9-502-3493). | |
Section 64 | Application to Crown | ||
Section 64A | Police | Sections 42 and 43 | |
Section 65 | Application to Parliament | ||
Schedule 1 | Provisions supplementing section 1 (definition of disability) | ||
Paragraph 2, Schedule 3 | Restriction of proceedings | ||
Paragraph 3, Schedule 3 | Period within which proceedings must be brought (time limits) | ||
Part 1, Schedule 3A | Validity and revision of contracts | Sections 142, 143, 144 and 147 | |
Paragraph 2, Schedule 3A | Compromising claims | There are difficulties with the drafting of this provision. See Practice note, Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). | |
Part 2, Schedule 3A | Collective agreements and rules of undertakings | Sections 145, 146 and 148 |
A table showing destinations for the key employment provisions of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660) (Religion or Belief Regulations), which were repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
Religion or belief Regulations | Description | EqA 2010 | Commentary |
Regulation 2(1) | Definition of religion and belief | ||
Regulation 3(1)(a) | Direct discrimination | Sections 4 and 13 | |
Regulation 3(1)(b) | Indirect discrimination | ||
Regulation 3(3) | Comparators | ||
Regulation 4 | Victimisation | ||
Regulation 5 | Harassment | ||
Regulation 6 | Applicants and employees | Sections 39 and 40 | |
Regulation 7 | Exception for genuine occupational requirement | Part 1, Schedule 9 | |
Regulation 8 | Contract workers | ||
Regulation 9 | Meaning of employment and contract work at establishment in Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Discrimination in employment: who is protected and who is liable? (EqA 2010): Territorial scope of the EqA 2010 (www.practicallaw.com/8-502-3484). |
Regulation 10 | Office-holders etc. | Sections 49, 50, 51 and 52 | |
Regulation 11 | Police | Sections 42 and 43 | |
Regulation 11A | Serious Organised Crime Agency | Sections 42 and 43 | |
Regulation 12 | Barristers | ||
Regulation 13 | Advocates | ||
Regulation 14 | Partnerships | Sections 44, 45 and 46 | |
Regulation 15 | Trade organisations | ||
Regulation 16 | Qualifications bodies | Sections 53 and 54 | |
Regulation 17 | The provision of vocational training | Sections 55 and 56 | |
Regulation 18 | Employment agencies, careers guidance etc. | Sections 55 and 56 | |
Regulation 19 | Assisting persons to obtain employment | Sections 55 and 56 | |
Regulation 21 | Relationships which have come to an end | ||
Regulation 22 | Liability of employers and principals | ||
Regulation 22(3) | Reasonable steps defence | ||
Regulation 23 | Aiding unlawful acts | ||
Regulation 24 | Exception for national security | ||
Regulation 25 | Exception for positive action | ||
Regulation 26 | Protection of Sikhs from discrimination in connection with requirements as to wearing of safety helmets | Paragraph 5, Schedule 26 | |
Regulation 27 | Restriction of proceedings for breach of Regulations | ||
Regulation 28 | Jurisdiction of employment tribunals | ||
Regulation 29 | Burden of proof | ||
Regulation 30 | Remedies | ||
Regulation 33 | Help for persons in obtaining information (questionnaires) | ||
Regulation 34 | Period within which proceedings to be brought (time limits) | ||
Regulation 36 | Application to the Crown etc. | Sections 50, 79(5), 80(2)(b), 83(2) and (7) and | |
Regulation 37 | Application to House of Commons staff | ||
Regulation 38 | Application to House of Lords staff | ||
Schedule 2 | Questionnaire of person aggrieved | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 3 | Reply by respondent | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 4 | Validity of contracts, collective agreement and rules of undertakings | See Practice notes, Discrimination in employment: overview (EqA 2010): Discriminatory contract terms (www.practicallaw.com/2-502-5688) and Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). |
A table showing destinations for the key employment provisions of the Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) (Sexual Orientation Regulations), which were repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
Sexual Orientation Regulations | Description | EqA 2010 | Commentary |
Regulation 2(1) | Definition of sexual orientation | ||
Regulation 3(1)(a) | Direct discrimination | Sections 4 and 13 | |
Regulation 3(1)(b) | Indirect discrimination | ||
Regulation 3(2) and (3) | Comparators | ||
Regulation 4 | Victimisation | ||
Regulation 5 | Harassment | ||
Regulation 6 | Applicants and employees | Sections 39 and 40 | |
Regulation 7 | Exception for genuine occupational requirement | Part 1, Schedule 9 | |
Regulation 8 | Contract workers | ||
Regulation 9 | Meaning of employment and contract work at establishment in Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Discrimination in employment: who is protected and who is liable? (EqA 2010): Territorial scope of the EqA 2010 (www.practicallaw.com/8-502-3484). |
Regulation 10 | Office-holders etc. | Sections 49, 50, 51 and 52 | |
Regulation 11 | Police | Sections 42 and 43 | |
Regulation 11A | Serious Organised Crime Agency | Sections 42 and 43 | |
Regulation 12 | Barristers | ||
Regulation 13 | Advocates | ||
Regulation 14 | Partnerships | Sections 44, 45 and 46 | |
Regulation 15 | Trade organisations | ||
Regulation 16 | Qualifications bodies | Sections 53 and 54 | |
Regulation 17 | The provision of vocational training | Sections 55 and 56 | |
Regulation 18 | Employment agencies, careers guidance etc. | Sections 55 and 56 | |
Regulation 19 | Assisting persons to obtain employment | Sections 55 and 56 | |
Regulation 21 | Relationships which have come to an end | ||
Regulation 22 | Liability of employers and principals | ||
Regulation 22(3) | Reasonable steps defence | ||
Regulation 23 | Aiding unlawful acts | ||
Regulation 24 | Exception for national security | ||
Regulation 25 | Exception for benefits dependent on a person's status | Paragraph 18, Schedule 9 | |
Regulation 26 | Exceptions for positive action | ||
Regulation 27 | Restriction of proceedings for breach of Regulations | ||
Regulation 28 | Jurisdiction of employment tribunals | ||
Regulation 29 | Burden of proof | ||
Regulation 30 | Remedies | ||
Regulation 33 | Help for persons in obtaining information (questionnaire procedure) | ||
Regulation 34 | Period within which proceedings to be brought (time limits) | ||
Regulation 36 | Application to the Crown etc. | ||
Regulation 37 | Application to House of Commons staff | ||
Regulation 38 | Application to House of Lords staff | ||
Schedule 2 | Questionnaire of person aggrieved | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 3 | Reply by respondent | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 4 | Validity of contracts, collective agreement and rules of undertakings | See Practice notes, Discrimination in employment: overview (EqA 2010): Discriminatory contract terms (www.practicallaw.com/2-502-5688) and Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). |
A table showing destinations for the key employment provisions of the Employment Equality (Age) Regulations 2006 (SI 2006/1031) (Age Regulations 2006), which were repealed on 1 October 2010 following the introduction of the Equality Act 2010 (EqA 2010).
Age Regulations 2006 | Description | EqA 2010 | Commentary |
Regulation 3(1)(a) | Direct discrimination | Sections 4 and 13 | |
Regulation 3(1)(b) | Indirect discrimination | ||
Regulation 3(2) | Comparators | ||
Regulation 3(3) | Definition of age | See Practice note, Age discrimination (EqA 2010): Definition of age (www.practicallaw.com/6-502-7096). | |
Regulation 4 | Victimisation | ||
Regulation 5 | Instructions to discriminate | ||
Regulation 6 | Harassment | See Practice note, Age discrimination (EqA 2010): Harassment (www.practicallaw.com/6-502-7096). | |
Regulation 7 | Applicants and employees | Sections 39 and 40 | |
Regulation 7(4) and (5) | Exception relating to persons at or nearing retirement age | Paragraphs 8 and 9, Schedule 9 | See Practice notes, Practice note, Age discrimination (EqA 2010): Job applicants at or approaching retirement age (www.practicallaw.com/6-502-7096) and Retirement before 6 April 2011 (www.practicallaw.com/0-236-4965). Repealed on 6 April 2011. |
Regulation 7(6) | Benefits and services provided to the public | Paragraph 19, Schedule 9 | |
Regulation 8 | Genuine occupational requirement | Part 1, Schedule 9 | |
Regulation 9 | Contract workers | ||
Regulation 10 | Meaning of employment at establishment in Great Britain | n/a | Territorial scope provisions not replicated in EqA 2010. See Practice note, Discrimination in employment: who is protected and who is liable? (EqA 2010): Territorial scope of the EqA 2010 (www.practicallaw.com/8-502-3484). |
Regulation 12 | Office-holders etc. | Sections 49, 50, 51 and 52 | |
Regulation 13 | Police | Sections 42 and 43 | |
Regulation 14 | Serious Organised Crime Agency | Sections 42 and 43 | |
Regulation 15 | Barristers | ||
Regulation 16 | Advocates | ||
Regulation 17 | Partnerships | Sections 44, 45 and 46 | |
Regulation 18 | Trade organisations | ||
Regulation 19 | Qualifications bodies | Sections 53 and 54 | |
Regulation 20 | Provision of vocational training | Sections 55 and 56 | |
Regulation 21 | Employment agencies, careers guidance etc. | Sections 55 and 56 | |
Regulation 22 | Assisting persons to obtain employment | Sections 55 and 56 | |
Regulation 24 | Relationships which have come to an end | ||
Regulation 25 | Liability of employers and principals | ||
Regulation 25(3) | Reasonable steps defence | ||
Regulation 26 | Aiding unlawful acts | ||
Regulation 27 | Exception for statutory authority | Paragraph 1, Schedule 22 | See Practice note, Age discrimination (EqA 2010): Other exceptions (www.practicallaw.com/6-502-7096). |
Regulation 28 | Exception for national security | ||
Regulation 29 | Exception for positive action | See Practice note, Age discrimination (EqA 2010): Positive action (www.practicallaw.com/6-502-7096). | |
Regulation 30 | Exception for retirement | Paragraph 8, Schedule 9 | See Practice notes, Age discrimination (EqA 2010): Retirement (www.practicallaw.com/6-502-7096) and Retirement before 6 April 2011 (www.practicallaw.com/0-236-4965). Repealed on 6 April 2011, although there are transitional provisions. See Legal update, Draft regulations on abolition of the default retirement age revised (www.practicallaw.com/0-504-9888). |
Regulation 31 | Exception for national minimum wage | Paragraphs 11 and 12, Schedule 9 | |
Regulation 32 | Exception for provision of certain benefits based on length of service | Paragraph 10, Schedule 9 | |
Regulation 33 | Exception for provision of enhanced redundancy payments to employees | Paragraph 13, Schedule 9 | See Practice note, Age discrimination (EqA 2010): Redundancy pay (www.practicallaw.com/6-502-7096). |
Regulation 34 | Exception for provision of life assurance cover | Paragraph 14, Schedule 9 | See Practice note, Age discrimination (EqA 2010): Insurance benefits (www.practicallaw.com/6-502-7096). Amended on 6 April 2011. |
Regulation 35 | Restriction of proceedings for breach of Regulations | ||
Regulation 36 | Jurisdiction of employment tribunals | ||
Regulation 37 | Burden of proof | ||
Regulation 38 | Remedies | ||
Regulation 41 | Help for persons in obtaining information (questionnaires) | ||
Regulation 42 | Period within which proceedings to be brought (time limits) | ||
Regulation 44 | Application to the Crown etc. | Section 83(2) and (9) and paragraph 4, Schedule 9 | |
Regulation 45 | Application to House of Commons staff | ||
Regulation 46 | Application to House of Lords staff | ||
Schedule 3 | Questionnaire of person aggrieved | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 4 | Reply by respondent | n/a | Form contained in Equality Act 2010 (Obtaining Information) Order 2010 (SI 2010/2194). See Practice note, Discrimination in employment: bringing and defending claims (EqA 2010): The questionnaire procedure (www.practicallaw.com/7-502-5011). |
Schedule 5 | Validity of contracts, collective agreement and rules of undertakings | See Practice notes, Discrimination in employment: overview (EqA 2010): Discriminatory contract terms (www.practicallaw.com/2-502-5688) and Compromising employment claims: Potential problems with settling discrimination claims under the Equality Act 2010 (www.practicallaw.com/2-200-3350). | |
Schedule 6 | Duty to consider working beyond retirement | n/a | Schedule 6 of the Age Regulations, which sets out the "duty to consider procedure" (see Practice note, Retirement before 6 April 2011: Effecting retirement: the duty to consider procedure (www.practicallaw.com/0-236-4965)) was not revoked by the EqA 2010. However, it was repealed on 6 April 2011. |
