Fair hiring isn't just good practice, it's the law. Yet discrimination in recruitment often happens quietly, through an offhand comment, an unchallenged brief, or a screening tool nobody thought to question. If you're involved in hiring at any stage, understanding the Equality Act 2010 is part of your job, not something to leave to HR or the legal team.
Here's what the Act covers, why it exists, and how to make sure discrimination doesn't happen on your watch.
What is the Equality Act 2010?
The Equality Act 2010 is a piece of UK legislation that protects individuals from unfair treatment and promotes a fairer, more equal society. It consolidated over 100 separate pieces of previous legislation into a single act, making the law easier to understand and apply.
Crucially, it isn't just an HR document. If you're involved in hiring, you are responsible for making sure your recruitment processes don't discriminate against anyone, and that responsibility applies before, during, and after the hiring process. In practice, that means it covers:
🌟 Job advertising
🌟 CV screening
🌟 Interviews and assessments
🌟 Feedback and decision-making
🌟 Offers and onboarding
🌟 Even before someone applies, you have a legal duty to ensure your processes are fair and accessible.
The Nine Protected Characteristics
At the heart of the Act are nine protected characteristics, aspects of a person's identity that are legally protected from discrimination. Understanding what they are helps you avoid discrimination, spot risks, challenge bias, and build a fairer process:
Age: includes people of all ages, not just older people.
Disability: physical, sensory, mental health or neurodivergent conditions that have a long-term impact.
Gender reassignment: includes anyone who is proposing to, is undergoing, or has undergone a gender transition.
Marriage and civil partnership: protected in employment (see the note below).
Pregnancy and maternity: including maternity leave and rights after birth.
Race: includes colour, nationality, and ethnic or national origins.
Religion or belief: also includes a lack of belief.
Sex: both men and women are protected.
Sexual orientation: applies to everyone, regardless of who they're attracted to.
A quick note on marriage and civil partnership: while all nine characteristics are protected in employment, marriage and civil partnership have a slightly more limited scope in recruitment. Even so, it's still best practice to avoid any assumptions or comments related to them.
Why Are These Characteristics Protected?
You might wonder why these particular identity markers were singled out for protection. The short answer is that history and lived experience show they need to be.
People with these characteristics have been treated unfairly, excluded, and discriminated against, not because of their capability or potential, but simply because of who they are. And let's be real: it still happens today.
🌟 Women are asked about having children.
🌟 Black candidates are judged on "culture fit."
🌟 Disabled candidates are rejected over "practical challenges."
🌟 Trans and non-binary candidates are misgendered or ignored.
🌟 Muslim candidates lose opportunities because they request time to pray.
This isn't ancient history. It's reality, and it's exactly why these characteristics are protected by law. When we protect these identities, we're saying that everyone deserves a fair chance, no matter who they are.
Key Principles You Must Know
A few principles sit underneath everything else. Keep these front of mind:
It applies to everyone. Public, private, or voluntary, the Act applies to all organisations, and to both candidates and employees.
Intent doesn't matter. It's not just about deliberate discrimination. Unintentional or unconscious bias can still breach the law.
You're accountable for others, too. You can be held responsible for decisions made by others in your process, such as a hiring manager's biased comment or a client's discriminatory preference.
Silence is a risk. If you fail to prevent or challenge discriminatory practices, your business, and you personally, could be legally liable.
How Discrimination Actually Happens
Discrimination rarely announces itself. More often it hides in routine moments. Here are some of the most common:
The age question. If a client hints they want someone "young and energetic" and you act on it, you could be taking part in age discrimination. It's your responsibility to challenge discriminatory briefs and shortlist fairly.
The name filter. If your ATS deprioritises candidates with non-Western names or international education backgrounds, that's indirect discrimination, and it can happen with no human intention at all.
The personal question. Asking a candidate about their family plans during an interview isn't small talk. It's a form of sex and pregnancy or maternity discrimination and should be avoided completely.
The culture fit conversation. Rejecting a candidate because they don't "fit" the team can signal bias. Culture fit quickly becomes social fit, and that leads to exclusion.
The reasonable adjustment. Ignoring a candidate's request for an adjustment, such as extra time for a written test, breaches your legal duty to provide reasonable adjustments.
The banter in the room. Comments about someone's accent or background, even if meant as a joke, can amount to harassment based on race or ethnicity. What feels casual can cross a legal and ethical line.
The "no gaps" policy. A client insisting on "no career gaps" may exclude people who've taken time out for caring responsibilities, health conditions, or other protected reasons, which can amount to indirect discrimination.
The bottom line: understanding the Equality Act isn't a nice-to-have. It's fundamental to being a fair, inclusive, and legally compliant recruiter or hiring manager.
Your Personal Responsibilities: Top Tips
Save or print this section for future reference. Whether you're an agency recruiter, part of an in-house talent team, or a hiring manager, these are a starting point for reflection and good practice:
Don't assume it's someone else's job. If you're involved in hiring at any stage, you are legally responsible for your own actions and decisions.
If it feels off, it probably is. If a brief, job ad, or question makes you pause, ask yourself: could this be discriminatory?
Keep a record of your decisions. Make notes that show your decisions are based on job-related criteria, not personal preferences.
Don't just follow the lead. Challenge any request from a client or hiring manager that feels discriminatory. You are protected when you do.
Know the nine protected characteristics. Understanding these is key to preventing unlawful discrimination, even the unintentional kind.
Stick to structured processes. Structure reduces bias, so use agreed shortlisting criteria, consistent interview questions, and clear scoring.
Be careful what you ask. Avoid questions about family plans, religion, health, or background unless they're strictly relevant to the job.
Keep learning. Laws and good practice evolve. Stay up to date and keep asking questions.
You don't need to know everything about the Equality Act to hire fairly. But you do need to understand the risks and act on them. Because when we protect these identities, we protect everyone's right to a fair chance.