http://www.legislation.gov.uk/ukpga/2010/15/section/60Equality Act 2010An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.texttext/xmlenStatute Law Database2026-08-14Expert Participation2026-07-15 Equality Act 2010s. 40(1A)-(1C)Employment Rights Act 2025s. 21s. 159(3)Equality Act 2010s. 40BEmployment Rights Act 2025s. 22(2)s. 159(3)Equality Act 2010s. 208(5)(aa)Employment Rights Act 2025s. 22(3)s. 159(3)Equality Act 2010s. 78(3A)(3B)Employment Rights Act 2025s. 34(2)s. 159(3)Equality Act 2010s. 153(1A)(1B)Employment Rights Act 2025s. 34(3)s. 159(3)Equality Act 2010s. 154(3A)(3B)Employment Rights Act 2025s. 34(4)s. 159(3) Part 5Chapter 1601A person (A) to whom an application for work is made must not ask about the health of the applicant (B)—abefore offering work to B, orbwhere A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work.2A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part).3A does not contravene a relevant disability provision merely by asking about B's health; but A's conduct in reliance on information given in response may be a contravention of a relevant disability provision.4Subsection (5) applies if B brings proceedings before an employment tribunal on a complaint that A's conduct in reliance on information given in response to a question about B's health is a contravention of a relevant disability provision.5In the application of section 136 to the proceedings, the particulars of the complaint are to be treated for the purposes of subsection (2) of that section as facts from which the tribunal could decide that A contravened the provision.6This section does not apply to a question that A asks in so far as asking the question is necessary for the purpose of—aestablishing whether B will be able to comply with a requirement to undergo an assessment or establishing whether a duty to make reasonable adjustments is or will be imposed on A in relation to B in connection with a requirement to undergo an assessment,bestablishing whether B will be able to carry out a function that is intrinsic to the work concerned,cmonitoring diversity in the range of persons applying to A for work,dtaking action to which section 158 would apply if references in that section to persons who share (or do not share) a protected characteristic were references to disabled persons (or persons who are not disabled) and the reference to the characteristic were a reference to disability, oreif A applies in relation to the work a requirement to have a particular disability, establishing whether B has that disability.7In subsection (6)(b), where A reasonably believes that a duty to make reasonable adjustments would be imposed on A in relation to B in connection with the work, the reference to a function that is intrinsic to the work is to be read as a reference to a function that would be intrinsic to the work once A complied with the duty.8Subsection (6)(e) applies only if A shows that, having regard to the nature or context of the work—athe requirement is an occupational requirement, andbthe application of the requirement is a proportionate means of achieving a legitimate aim.9“Work” means employment, contract work, a position as a partner, a position as a member of an LLP, a pupillage or tenancy, being taken as a devil, membership of a stable, an appointment to a personal or public office, or the provision of an employment service; and the references in subsection (1) to offering a person work are, in relation to contract work, to be read as references to allowing a person to do the work.10A reference to offering work is a reference to making a conditional or unconditional offer of work (and, in relation to contract work, is a reference to allowing a person to do the work subject to fulfilment of one or more conditions).11The following, so far as relating to discrimination within section 13 because of disability, are relevant disability provisions—asection 39(1)(a) or (c);bsection 41(1)(b);csection 44(1)(a) or (c);dsection 45(1)(a) or (c);esection 47(1)(a) or (c);fsection 48(1)(a) or (c);gsection 49(3)(a) or (c);hsection 50(3)(a) or (c);isection 51(1);jsection 55(1)(a) or (c);ksection 60A(1).12An assessment is an interview or other process designed to give an indication of a person's suitability for the work concerned.13For the purposes of this section, whether or not a person has a disability is to be regarded as an aspect of that person's health.14This section does not apply to anything done for the purpose of vetting applicants for work for reasons of national security.Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))Word in s. 60 cross-heading inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(2)S. 60(11)(k) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 4(3)