Earlier this year, Reform UK’s MP Suella Braverman stated that the UK is “being ripped apart” by diversity, equality and inclusion (DEI) policies. She announced that, if Reform were to win the next general election, the party would repeal the Equality Act 2010 (“the Act”) on its first day in office.
Acts of race and sex discrimination have been unlawful since 1965 and 1975 respectively. Discrimination on other grounds i.e. of disability, age, religion, marriage, pregnancy and sexual orientation have been gradually introduced at various points throughout the 1990s into the 2000s. The protection is well established.
Therefore, this proposal to repeal the Act may be seen as surprising and indeed shocking for some. It is likely to be seen by many as a regressive step.
This is likely to be particularly the case for those in vulnerable communities who have widely criticised this notion with their fear of significant repercussions for their legal rights and protections. Human rights organisations and trade unions have strongly criticised the proposal.
It is notable that over the last 12 months or so, the USA has already changed its approach to diversity and equality eliminating diversity and inclusion programs in federal government and discouraging their use in the private sector.
Reform is suggesting that the protection of individuals in the workplace would be put in place but without the current statutory protection that emphasises protected characteristics. There is no detailed replacement provisions published as yet or clarity on how exactly this might work in practice.
What is the Equality Act?
The Equality Act 2010 is designed to protect individuals from discrimination in the workplace and society. The Act sets out what amounts to discrimination because of key characteristics, including race, sex, disability, age, religion or belief, and sexual orientation.
In addition to establishing the concept of ‘protected characteristics’ the Act provides a comprehensive range of protections, including:
- Prohibiting direct and indirect discrimination
- Safeguarding against harassment and victimisation
- Requiring reasonable adjustments for disabled individuals.
What would repeal mean for employers?
Repealing the Act would fundamentally alter the legal and social landscape for employers. Without the Act, a plethora of consequences may occur:
- Reduce legal clarity: Repeal may result in a return to fragmented and inconsistent rules, increasing uncertainty
- Increased risk of litigation uncertainty: Disputes may rely more heavily on older case law for guidance, increasing unpredictability and risk. Employers may also face a greater administrative burden
- Reputational pressure: Even in the absence of statutory duties, employers may continue to face pressure from employees, clients, and the public to uphold inclusive standards.
What would repeal mean for employees?
Employees are likely to be disproportionately affected by the repeal of the Act, as the removal of statutory protections would significantly weaken their legal position:
- Loss of comprehensive protections: Without legally enforced protected characteristics, safeguards against discriminatory treatment may be significantly reduced or removed altogether. Some employers may feel emboldened to act in ways that would currently give rise to legal claims
- Greater inequality risks: Vulnerable groups, including individuals with disabilities and ethnic minorities, may face increased exposure to less or unfavourable favourable treatment without robust legislative backing.
- Barriers to legal recourse: The Act currently provides a clear and accessible route for employees to challenge employers’ actions. its repeal could make it harder for individuals to assert their rights
- Workplace culture shifts: While many employers may continue to promote inclusive environments as a matter of best practice, the absence of legal obligations could lead too inconsistent standards across workplaces.
The true impact of such a repealing the Act would heavily depend on what, if anything, replaces the Act – and whether those alternatives maintain the same level of clarity, enforcement and protection. A Workplace Fairness Act has been referenced but without any level of detail.