Equality Laws – Businesses know they have responsibilities to their employees and workers under the Equality Act 2010. However, this law also protects a businesses’ customers and/or service users so they are not discriminated against when you provide them with goods, facilities or services – regardless of whether the goods are paid for or free.
The Equality Act applies in England, Wales and Scotland. Northern Ireland has separate laws which you read more about here.
(The law also covers advertising. A business or service provider can’t, for example, advertise that they only serve customers of a certain gender or sexual orientation. You can read more information here).
There are several types of Discrimination covered by the Act (explored below):
- Direct and Indirect discrimination
- Harassment and Victimisation
- The Equality Act also places an obligation on businesses/service providers to make reasonable adjustments for disabled people, so they can access your services/good as easily as able-bodied customers. (See Section 3 below).
If a customer or service user feels like they’ve been discriminated against they can bring an action against your business through the Civil Courts – where a range of remedies are available for them, including compensation.
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What’s meant by goods and services?
All Goods a business may sell/provide including cars, clothes, electrical items, groceries and furniture; which are bought at or received from:
- shops, supermarkets, market stalls or charity shops
- auction
- by telephone or online
- by catalogue or through doorstep sales.
Services are provided by, for example:
- banks and insurance companies
- builders and decorators
- hairdressing and beauty salons
- libraries, children’s centres and nurseries
- gyms and leisure centres
- hotels, B&Bs and holiday lettings
- restaurants, cafes and pubs
- cinemas, concerts and theatres
- business services, solicitors and accountants
- transport services like buses, trains and taxis
- phone companies and public utilities like gas, water and electricity.
Under the Equality Act anyone who provides goods or services to the public has a duty not to discriminate against individuals who use or want to use their services. This includes commercial businesses, sole traders; voluntary organisations and charities; and public authorities like local authorities, the police and government departments who provide services to the public and also undertake public functions.
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How can people be treated unfairly
You will treat people unfairly if you treat them differently from other people. It is discrimination if a trader or service provider treats someone unfairly because of their:
- age – if they’re 18 or over (Sometimes traders are allowed to discriminate because of age, see Section 4 below for more details)
- disability – see Section 3 below
- gender reassignment – see Section 6 below
- pregnancy and maternity – see Section 5 below
- race – see Section 7 below
- religion or belief
- sex
- sexual orientation (you can read about the long running case of the Northern Ireland baker who refused a gay man’s order because of his sexual orientation here. The case was bought under Northern Ireland’s Equality Act (Sexual Orientation) Regulations. In 2018 the Supreme Court reversed previous Court rulings and said it was not discrimination and the complainant took the case to the European Court of Human Rights, who refused to hear the case, on the grounds it was inadmissible because the use of domestic UK law had not been exhausted).
The Equality Act calls these ‘protected characteristics’. (Marriage and civil partnerships are also protected characteristics, but they only apply in the workplace, not to organisations providing goods and services).
A trader or service provider might discriminate against someone if they:
- refuse to provide someone with goods or services, or stop providing them with goods or services because they have one (or more) of the above characteristics
- provide someone with goods that are worse quality or provide a service on worse terms because the customer has one of the above characteristics – for example, charging higher prices or taking more time to provide the goods/services
- cause someone harm or disadvantage when providing them with goods or services.
The Financial Ombudsman Services says that:
“We hear from many people each year who say they’ve been treated differently because of who they are…. People have come to us saying:
- they have a disability, and their financial services provider hasn’t made reasonable adjustments in how they communicate with them
- they’ve been discriminated against on the basis of a protected characteristic:
— their car insurance premiums were higher because of their age
— they felt racially profiled by the business
- they were excluded from accessing a product or service because they didn’t have access to a mobile phone
- they couldn’t sign up for an account unless they selected a title or gender they didn’t identify with.
Consumers won’t always use the language of ‘discrimination’ or refer to equality law. They might simply tell us they’re being treated differently or unfairly, or a business isn’t meeting their needs. “
The types of discrimination explained:
Direct discrimination
Direct discrimination is when a trader or service provider treats someone differently and worse than someone else because of their protected characteristic. For example, a hotel owner refusing a same-sex couple a double bedroom. This is direct discrimination because of sexual orientation.
Direct discrimination also includes discrimination by association and discrimination by perception (see details under Harassment below).
Indirect discrimination
Indirect discrimination is when a business or service provider has a policy, practice or rule that applies to everyone so it seems fair, but it disadvantages people who share a protected characteristic. For example, a shop doesn’t allow customers to cover their heads when they enter, so people who cover their heads for religious reasons can’t enter the shop. This could be indirect discrimination because of religion.
Indirect discrimination can be lawful if the business has a good reason for the policy (which is known as objective justification). For example, an activity centre says customers must wear protective helmets and clothing for some activities. This could disadvantage people who wear religious clothing – but the activity centre can justify the policy for health and safety reasons.
Victimisation
Victimisation is when someone is treated badly because they have complained about discrimination or have helped, or tried to help, someone who has been the victim of discrimination. The Equality Act recognises someone may be worried about complaining, and so there is extra legal protection for people who complain about victimisation under the Equality Act.
Harassment
Harassment is unwanted or unwelcome behaviour that someone finds offensive or makes them feel intimidated or humiliated. This could be abusive or threatening comments, jokes or behaviour; verbal abuse, bullying, jokes, making faces and posting comments about somone on social media.
Harassment by a trader or service provider to a service-user/customer is unlawful discrimination; it also includes Sexual harassment, which can be actions like commenting on someone’s clothes or appearance, sending someone messages with sexual content or making sexual comments or physically touching someone when it’s unwanted.
Harassment is unlawful whether it’s intended or not.
If someone who works for a trader or service provider harasses a customer or colleague, e.g. making racially abusive or homophobic comments, the organisation is also responsible for that discrimination. For example, if a colleague harasses another colleague, the employer is also legally responsible.
If one of your customers harasses another customer, it isn’t usually discrimination; unless the customer keeps harassing the other customer and the business or service knows about it but doesn’t stop them.
If someone is subjected to unkind comments because of, for example, their weight/size, a harassment claim is unlikely to succeed, if the comments were not related to a protected characteristic or were not sexual in nature.
Where someone is harassed because the person who is harassing them has made a mistake about that person’s protected characteristics, this is also discrimination. For example, if a customer and their friend are straight but one of your members of staff made offensive jokes about them being gay. This is called ‘discrimination by perception’.
If someone harasses somebody because of the protected characteristic of a person they know, it’s also discrimination. For example, if an individual told their colleague that their partner was disabled and then that colleague started making upsetting comments about people with that disability. This is called ‘discrimination by association’. (see also Direct Discrimination above).
It might also be a hate crime or hate incident if someone has been harassed:
- because of their race or religion
- because of their sexuality
- because of their disability
- because they’re transgender
Harassment can be reported to the police on their website here.
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Reasonable adjustments for disabled people
Traders and service providers must legally make adjustments, to help disabled customers access their goods and services, if:
- the way they currently do things might disadvantage disabled customers
- it’s reasonable for the business to make the changes to remove the disadvantage.
The legal duty to make reasonable adjustments in goods and services is anticipatory – this means businesses need to consider in advance what they need to do to make their services accessible to disabled customers (even if they currently don’t have disabled customers; you may have in future!). However, if a business has not already made reasonable adjustments then a disabled person can ask for this adjustment to be made.
When is something reasonable?
What’s a reasonable adjustment a disabled person can ask for (or expect) can vary and will depend on things like:
- their disability and the service they want to use
- the size and financial resources of your business and how practicable the changes are for you to make
- if the change they ask for would overcome the disadvantage they and other disabled people experience
- if the change is what’s needed or is more than necessary.
Businesses need to bear in mind that not all disabilities are obvious or physical.
That the expense of changing the way your business works may be too high, is not sufficient justification on its own for you not to make the change – however it can be taken into account if there are other good reasons to keep the existing policy/way of working.
A trader or service provider may have a certain way of doing things, like a policy, rule or practice which makes it more difficult for disabled people to access or use their services. The Equality Act calls these things provisions, criterions and practices. Trader or service providers can be asked to change these things, if it’s reasonable to do so.
Examples of rules or polices or access which businesses might be asked to change include:
- providing a service only during certain hours
- appointment booking systems and how a business communicates – in writing, on the phone or online – to ensure that communications are accessible, for example, to those with visual impairments (e.g. providing auxiliary aids).
- application processes to apply for or change services
- making changes to physical features – e.g. making stairways, steps, lifts, parking areas, entrance/exits, doors, toilets and washing facilities more accessible.
Associative discrimination also applies here – so if a man wanted to go to a club with his disabled girlfriend, but was refused access because of his disabled girlfriend, the man would have a claim for associative discrimination. Perceptive discrimination also applies.
Assistance dogs and support animals
You are legally required to allow assistance dogs (commonly known as guide dogs) onto your premises, even if you do not allow guests to bring pets. A person does not need to provide you with proof that their dog is an assistance dog. See our article on ‘Animals in the workplace’ here.
4. Age discrimination
Generally speaking, a trader or service provider cannot discriminate against someone because of their age. However, there are some exceptions in the Equality Act 2010, some examples:
Holidays
Holiday companies can offer holidays for some age groups only – for example, over 50s cruises, holidays for 18-30 year olds.
Asking for proof of age
Businesses selling goods like alcohol, fireworks and cigarettes can ask for proof of age if they think someone is under-age. They can refuse to serve someone if they can’t prove how old they are.
Concessions and discounts
Businesses are allowed to offer concessions or discounts based on age – for example, cheaper access to leisure facilities for 18-25 year olds; pensioner lunch deals; the winter fuel allowance for pensioners; free bus passes for pensioners.
Sports
Those running sporting tournaments and other competitions can set age bands for those who want to compete.
Financial services
Companies who offer financial services (insurance, banking, pensions, investments, credit), are sometimes allowed to treat people differently because of their age.
Age can be used to assess risk and this can be used to work out the price someone pays for a financial product or whether it’s made available to them. They’re also allowed to set age limits and offer products to people in certain age groups only.
Justifying age discrimination
Even if something doesn’t fall under one of the exceptions in the Equality Act, it may still be lawful for a trader or service provider to discriminate against someone because of their age, if they can show they had a good enough reason for doing so.
There is more information from Age UK about age discrimination here.
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Pregnancy and maternity discrimination
Pregnancy and maternity discrimination happens when someone is treated unfairly because:
- they’re pregnant or they’ve had a baby within the last 26 weeks
- they’re breastfeeding and they had the baby within the last 26 weeks
- their baby has been born stillborn and the mother was pregnant for at least 24 weeks before they gave birth.
To be discriminated against on this ground the individual does not have to show they’ve been treated differently to someone else, they just need to show they’ve been disadvantaged or treated badly because they’re pregnant or recently had a baby. Perception and association discrimination does not apply to this category – if someone believes they have been discriminated because they are wrongly perceived to be pregnant, they are likely to be protected by sex discrimination instead.
For example, someone is breastfeeding their baby in a museum and a member of staff asks them to leave because other visitors have complained. This is unlawful maternity discrimination. Discriminating against someone who is with a breast-feeding mother is also unlawful (associative discrimination).
However, businesses do not have to create a separate facility to allow customers to breastfeed – but they are under an obligation to ensure a woman can breastfeed without being treated unfairly by staff or other customers.
Another example – A building society turns down a mortgage application when an individual mentions that they’re pregnant, because the building society thinks the pregnant woman may not be able to keep up their repayments. This is unlawful pregnancy discrimination.
It is also unlawful to discriminate against someone who is breastfeeding, even if the baby is more than 26 weeks old – but this will count as direct sex discrimination (not maternity discrimination).
It is lawful for a trader or service provider to refuse to provide someone with a service, or treat them differently because they’re pregnant, if there are health and safety reasons for doing so. this. But it’s only lawful if the service provider would also treat someone with other physical conditions, like a back or heart condition, differently as well, for the same health and safety reasons.
6. Transgender discrimination
Businesses and services aren’t usually allowed to treat someone differently because they are transgender, as a transgender person has the protected characteristic of ‘gender reassignment’.
Gender reassignment means a person:
- Is planning to transition from the sex they were assigned at birth to a different sex
- is in the process of transitioning between sexes.
- or they have already transitioned
Transitioning can include things like changing their name, pronouns or the way they dress – they don’t need to have had medical treatment or sought medical advice.
This means that if a business or service who provide a mixed-sex service refuses to serve someone who is transgender, or if they don’t let the person use the service that matches their gender identity, it might be discrimination.
If the business makes a transgender person feel intimidated or humiliated, it might be harassment. A business can also discriminate against someone because they think that person is transgender, even though they are not (perceptive discrimination); or discriminate against someone because they are with a transgender person (associative discrimination).
(…… In late 2025 this may need updating as the Government consider the Equality Commissions recent updated Guidance)
What about non-binary people, who don’t identify as a man or a woman.
A non-binary person successfully argued they had the protected characteristic of gender reassignment at an employment tribunal in 2020 (in Ms R Taylor v Jaguar Land Rover Ltd – details here. The judge at the tribunal said the characteristic should include people transitioning away from their assigned sex – even if they aren’t going to transition to a different sex.
(N.B. Other courts don’t have to follow this decision, it depends on each case).
Gender recognition certificates
If a business needs evidence of someone’s legal sex, they can be shown a birth certificate. A trans person does not need to show their gender recognition certificate (GRC), and if they are asked to this might be discrimination, as the business is treating the trans person differently from other people because they are trans.
It’s also illegal for businesses to tell other people that someone is trans without their consent, and they could be fined up to £5,000 because of this. Trans people have a right to privacy and more information can be found here.
Services for trans people
In some situations, businesses can offer a service to people who share a protected characteristic to help them overcome disadvantage. This is called ‘positive action’. For example, a leisure centre could offer weekly swimming sessions for trans and non-binary people only, as they may feel uncomfortable attending a different group session.
7. Race discrimination
This is when someone is treated differently because of their race, which can mean their colour, their nationality (including their citizenship), their ethnic or national origins (which may not be the same as their current nationality). Race also covers ethnic and racial groups, this means a group of people who all share the same protected characteristic of ethnicity or race – a racial group can be made up of two or more distinct racial groups, for example black Britons, British Asians, British Sikhs, British Jews, Romany Gypsies and Irish Travellers.
An example of Direct discrimination – if a letting agency would not let a flat to someone because of their race. You can read about a case here of a couple who claimed they were racially harassed while buying a car and were awarded compensation.
An example of Indirect discrimination – a hairdresser refuses to employ stylists that cover their own hair, this would put any Muslim women or Sikh men who cover their hair at a disadvantage, when applying for a position as a stylist
Sometimes indirect race discrimination can be permitted if the business is able to show to show that there is a good reason for the discrimination. This is known as objective justification. For example:
- An asylum seeker tries to open a bank account but the bank states that in order to be eligible you need to have been resident in the UK for 12 months and have a permanent address. The asylum seeker is not yet able to open a bank account. The bank would need to prove that its policy was necessary for business reasons (such as to prevent fraud) and that there was no practical alternative.
Race discrimination also includes Harassment and Victimisation.
Further information:
The Statutory Code of Practice for Services, Public functions and Associations is here (although this has been amended in 2025 and may be amended further).
Specific advice for Hotels, restaurants, cafés and pubs is here
Further information from the UK Government is here – https://www.gov.uk/guidance/equality-act-2010-guidance
And here, the Quick-Start Guide for Businesses that sell goods and services –