Equality Act 2010 (c. 15)

Part 2 E+W+S Equality: key concepts

Chapter 2 E+W+S Prohibited conduct

Discrimination: supplementary E+W+S

23 Comparison by reference to circumstances E+W+S

(1) On a comparison of cases for the purposes of section 13, 14, or 19 there must be no material difference between the circumstances relating to each case.

(2) The circumstances relating to a case include a person's abilities if—

(a) on a comparison for the purposes of section 13, the protected characteristic is disability;

(b) on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability.

(3) If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married [F1 to a person of the opposite sex] is not a material difference between the circumstances relating to each case.

[F2 (4) If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to a person of the same sex while another is married to a person of the opposite sex is not a material difference between the circumstances relating to each case.]

Textual Amendments

F1 Words in s. 23(3) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 43(2); S.I. 2014/93, art. 3(k)(iv)

F2 S. 23(4) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 43(3); S.I. 2014/93, art. 3(k)(iv)

24 Irrelevance of alleged discriminator's characteristics E+W+S

(1) For the purpose of establishing a contravention of this Act by virtue of section 13(1), it does not matter whether A has the protected characteristic.

(2) For the purpose of establishing a contravention of this Act by virtue of section 14(1), it does not matter—

(a) whether A has one of the protected characteristics in the combination;

(b) whether A has both.

25 References to particular strands of discrimination E+W+S

(1) Age discrimination is—

(a) discrimination within section 13 because of age;

(b) discrimination within section 19 where the relevant protected characteristic is age.

(2) Disability discrimination is—

(a) discrimination within section 13 because of disability;

(b) discrimination within section 15;

(c) discrimination within section 19 where the relevant protected characteristic is disability;

(d) discrimination within section 21.

(3) Gender reassignment discrimination is—

(a) discrimination within section 13 because of gender reassignment;

(b) discrimination within section 16;

(c) discrimination within section 19 where the relevant protected characteristic is gender reassignment.

(4) Marriage and civil partnership discrimination is—

(a) discrimination within section 13 because of marriage and civil partnership;

(b) discrimination within section 19 where the relevant protected characteristic is marriage and civil partnership.

(5) Pregnancy and maternity discrimination is discrimination within section 17 or 18.

(6) Race discrimination is—

(a) discrimination within section 13 because of race;

(b) discrimination within section 19 where the relevant protected characteristic is race.

(7) Religious or belief-related discrimination is—

(a) discrimination within section 13 because of religion or belief;

(b) discrimination within section 19 where the relevant protected characteristic is religion or belief.

(8) Sex discrimination is—

(a) discrimination within section 13 because of sex;

(b) discrimination within section 19 where the relevant protected characteristic is sex.

(9) Sexual orientation discrimination is—

(a) discrimination within section 13 because of sexual orientation;

(b) discrimination within section 19 where the relevant protected characteristic is sexual orientation.