Equality Act 2010
UK statute defining protected characteristics and the equality framework; affects procurement design and supplier evaluation.
Definition
The Equality Act 2010 is the UK statute consolidating and updating earlier equality legislation. It defines nine protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation) and the equality framework covering direct discrimination, indirect discrimination, harassment, victimisation, and the Public Sector Equality Duty (PSED). The Act applies across employment, services, education, public functions, and (indirectly) procurement.
How it works in practice
In procurement the Equality Act has several practical effects. First, suppliers themselves must comply with the Act in their own employment practices: discrimination against staff or job applicants on protected characteristics grounds is unlawful and triggers employment tribunal claims. Second, PSED requires public sector buyers to consider equality impacts in procurement design and supplier evaluation; equality-relevant evaluation criteria (workforce diversity data, accessibility commitments, anti-discrimination policies) are increasingly common. Third, social value frameworks (PPN 002 TOMs, Scottish Community Benefit Clauses, Welsh wellbeing) all include equality-relevant measures: jobs for disabled people, ethnic minority career progression, gender pay gap action, accessibility commitments. Strong bid responses evidence equality through current workforce data, recent equality outcomes, named senior responsibility, anti-discrimination policy and training, and specific commitments tied to the contract context. Particularly relevant in current public procurement are accessibility commitments (digital services must meet WCAG 2.1 AA under the Public Sector Bodies Accessibility Regulations 2018), workforce diversity reporting, and supply chain equality due diligence. The Equality and Human Rights Commission has formal enforcement role.
Common questions
What are the protected characteristics under the Equality Act 2010?
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Direct discrimination, indirect discrimination, harassment, and victimisation on any of these grounds is unlawful. The Act applies across employment, services, education, public functions.
Does the Equality Act require public sector procurement to consider equality?
Yes, via the Public Sector Equality Duty (PSED). Public bodies must have due regard to three needs in their decisions including procurement: eliminate unlawful discrimination, advance equality of opportunity, and foster good relations between people sharing a protected characteristic and those who do not. The duty affects procurement design and supplier evaluation.
What are the Public Sector Bodies Accessibility Regulations 2018?
UK regulations requiring public sector digital services (websites, mobile apps) to meet WCAG 2.1 AA accessibility standards. Suppliers building or operating public sector digital services must ensure WCAG 2.1 AA compliance; failure can trigger Equality Act discrimination claims and procurement-level remediation requirements.