Workplace equality isn’t just about good practice — it’s the law. The Equality Act 2010 (“the Act”) is the cornerstone of UK employment rights, protecting workers from discrimination, harassment, and unfair treatment.
In 2026, the Act remains as important as ever. With the rise of hybrid working, stronger redundancy protections for new parents, and ongoing focus on mental health at work, understanding your rights under the Act has never been more relevant.
This guide breaks down the Equality Act into plain English — what it is, who it protects, the types of discrimination it covers, and how you can use it if you’re treated unfairly at work.
What Is the Equality Act 2010?
The Equality Act 2010, together with the Employment Rights Act 1996 (which will shortly be updated and likely to become the Employment Rights Act 2026), are the main laws protecting people from unfair treatment in the UK.
Purpose of the Act
- To protect individuals from discrimination in the workplace and wider society.
- To ensure everyone has equal access to jobs, training, promotions, and fair treatment at work.
- To create a single, consistent legal framework that applies to all types of discrimination.
Why it matters in 2026
- The Act continues to apply across every workplace, whether you’re office-based, hybrid, or fully remote.
- It underpins protections around flexible working, redundancy processes, recruitment, and career progression.
- Employment Tribunals regularly use the Equality Act to decide discrimination claims, and case law keeps refining how it’s applied.
Key point: If you believe you’ve been treated unfairly at work because of who you are or a personal characteristic, the Equality Act is the law that protects you.
Protected Characteristics Under the Act
The Equality Act protects people from discrimination linked to specific personal traits, known as protected characteristics. There are nine protected characteristics in UK law:
- Age – being treated unfairly because you’re young, middle-aged, or older.
- Disability – physical or mental conditions that have a substantial, long-term effect on daily activities (includes many mental health conditions).
- Gender reassignment – protection for people who are transitioning, have transitioned, or intend to transition.
- Marriage and civil partnership – protection from unfair treatment because you’re married or in a civil partnership.
- Pregnancy and maternity – covers pregnancy, pregnancy-related illness, and maternity leave.
- Race – includes colour, nationality, and ethnic or national origins.
- Religion or belief – includes religious faiths, philosophical beliefs, and lack of belief.
- Sex – protection against sexism and unfair treatment based on being male or female.
- Sexual orientation – covers being gay, lesbian, bisexual, heterosexual, or any other orientation.
Key takeaway: If unfair treatment at work is linked to one of these nine characteristics, it may amount to unlawful discrimination under the Equality Act.
Types of Discrimination Covered
The Equality Act sets out several ways discrimination can happen in the workplace. Understanding these categories helps you identify whether what you’ve experienced is unlawful.
The different types of discrimination are as follows:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
- Failure to make reasonable adjustments (in the case of a disabled person)
- Discrimination because of something arising in consequence of someone’s disability (in the case of a disabled person)
Direct discrimination
When you are treated less favourably because of a protected characteristic.
- Example: A woman is refused promotion because she is pregnant.
Indirect discrimination
When a rule, policy, or practice (also known as a provision, criterion or practice (PCP) applies to everyone, but puts people with a protected characteristic at a disadvantage.
- Example: A requirement for full-time hours disadvantages women with childcare responsibilities and could amount to indirect discrimination.
Harassment
Unwanted behaviour related to a protected characteristic that creates an intimidating, hostile, or offensive environment.
- Example: Racist jokes or comments in the workplace.
Victimisation
When you’re treated unfairly because you complained about discrimination or supported someone else’s complaint.
- Example: Being sidelined after giving evidence in a colleague’s tribunal case.
Key point: The Act doesn’t just cover obvious, deliberate unfairness — it also protects against policies, cultures, or behaviours that create barriers for certain groups.
Rights of Disabled Workers
Disability is one of the most important protected characteristics under the Equality Act. The law recognises that disabled workers may face barriers at work and gives them specific rights.
How disability is defined
A disability is a physical or mental impairment that has a substantial, long-term adverse effect on your ability to carry out normal day-to-day activities.
- Substantial = more than minor or trivial.
- Long-term = has lasted, or is likely to last, at least 12 months.
- Covers both visible and invisible conditions, including many mental health conditions.
Reasonable adjustments
Employers have a legal duty to make reasonable adjustments to remove or reduce workplace barriers. Examples include:
- Providing specialist equipment (e.g. screen readers, ergonomic chairs).
- Allowing flexible or hybrid working.
- Adjusting performance targets during periods of illness.
- Offering additional breaks or flexible hours.
Key takeaway: If you have a long-term condition affecting your daily life, you may have stronger rights under the Equality Act than you realise — including the right to adjustments at work.
Equality Act in Practice at Work
The Equality Act applies to almost every stage of working life. Employers must make sure their decisions and policies are fair and non-discriminatory.
Recruitment and hiring
- Job adverts and application processes must not exclude people because of protected characteristics.
- Example: A “must be under 30” requirement would be unlawful age discrimination.
- Employers should also make reasonable adjustments for disabled candidates during recruitment.
Pay and promotions
- Workers must receive equal pay for equal work, regardless of sex or other characteristics.
- Promotions and progression opportunities must be based on fair criteria, not bias.
Flexible working and family rights
- Requests linked to pregnancy, maternity, or caring responsibilities must be handled fairly.
- Blanket refusals could lead to indirect discrimination claims.
Training and development
- Access to training should be available equally to all staff.
- Excluding remote or part-time workers from development opportunities may breach the Act.
Workplace culture
- Employers are responsible for preventing harassment and victimisation.
- “Banter” that targets people with protected characteristics can amount to unlawful harassment.
Key takeaway: The Equality Act applies across all areas of employment — from the first job advert to career progression and everyday treatment at work.
Updates and Developments in 2026
The Equality Act 2010 remains the foundation of anti-discrimination law, but how it’s applied continues to evolve. By 2026, several updates and trends are shaping workers’ rights.
Redundancy protections
- The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is now fully in effect. This provides that pregnant employees or those who have recently returned from maternity leave, adoption leave or shared parental leave are entitled to be offered suitable alternative positions before being made redundant.
- Pregnant workers and new parents are prioritised for suitable alternative roles when a potential redundancy situation arises, from the moment they notify their employer until 18 months after birth or adoption.
Flexible working
- Since April 2024, employees have the right to request flexible working from day one of employment.
- In practice, this has strengthened claims where flexible working refusals disproportionately affect groups such as parents, carers, or disabled workers.
Mental health recognition
- Employment Tribunals are increasingly recognising mental health conditions — such as depression, anxiety, and PTSD — as disabilities under the Equality Act.
- This means more workers are entitled to reasonable adjustments and protection from discrimination if they suffer from any of these conditions that amount to a disability.
Remote and hybrid work disputes
- Growing numbers of cases involve indirect discrimination linked to hybrid policies, such as proximity bias in promotions or unfair monitoring of remote staff.
Looking forward
- The government continues to consult on digital rights and workplace fairness in a hybrid world.
- Case law in 2026 is expected to provide more clarity on how equality law applies to new working models.
What to Do If You Experience Discrimination
If you think you’ve been treated unfairly at work because of a protected characteristic, the Equality Act gives you the right to challenge it. Here are the key steps to take:
1. Keep records
- Write down what happened, when, where, and who was involved.
- Save emails, messages, or documents that show unfair treatment or policies.
- Evidence is vital if you decide to take formal action.
2. Raise the issue informally
- If it feels safe, speak to your manager or HR about what has happened.
- Sometimes discrimination stems from a policy or misunderstanding that can be corrected quickly.
3. Submit a formal grievance
- If the problem continues, use your employer’s grievance procedure to submit a formal grievance.
- A written complaint creates a clear record and shows you gave your employer the chance to act.
4. Seek external support
- Contact ACAS for advice
- If you intend on bringing an Employment Tribunal Claim start ACAS Early Conciliation (required before most tribunal claims).
- Reach out to Citizens Advice, trade unions, or support platforms like Valla.
5. Employment Tribunal
- If your grievance doesn’t resolve the situation, you may be able to make a Tribunal claim.
- Strict time limits apply — usually 3 months less one day from the date of the act of discrimination.
Tip: Acting quickly and seeking advice early gives you the best chance of protecting your rights.
Key Takeaways
- The Equality Act 2010 is the main UK law protecting workers from discrimination, harassment, and victimisation.
- It covers nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- The Act recognises several forms of discrimination: direct, indirect, harassment, and victimisation.
- Disabled workers have additional rights, including access to reasonable adjustments.
- In 2026, protections are shaped by stronger redundancy rights for parents, day-one flexible working requests, and growing recognition of mental health conditions.
- Remote and hybrid work policies are increasingly tested under the Equality Act, especially where they create hidden disadvantages.
- If you experience discrimination, act quickly: keep evidence, raise it internally, and seek external support if needed.
Bottom line: The Equality Act is your key legal shield against discriminatory treatment at work. Knowing your rights gives you the confidence to challenge discrimination and secure fair treatment.
Conclusion
The Equality Act 2010 is the foundation of workplace rights in the UK, protecting workers from discrimination, harassment, and victimisation. In 2026, it continues to shape how employers must act — whether you’re applying for a job, working remotely, requesting flexible hours, or returning from maternity leave.
For employees, the message is clear: if you’ve been treated unfairly because of who you are, the law is on your side. For employers, the Act is a reminder that equality isn’t optional — it’s a legal duty.
At Valla, we make it easier for workers to understand and enforce their rights under the Equality Act. From grievance and Tribunal templates to step-by-step guides and coaching support, we give you the tools to take action with confidence.
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