What is the Equality Act 2010? Plain-English guide for FE

The Equality Act 2010 brought earlier discrimination laws into one statute. For anyone working in learner support it is the main legal framework for disabled learners, alongside the SEND system.

What does the Equality Act 2010 cover?

The Act protects people from discrimination because of nine protected characteristics. It prohibits direct and indirect discrimination, discrimination arising from disability, harassment and victimisation, and it requires reasonable adjustments for disabled people. Section 6 defines disability as a physical or mental impairment with a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. Conditions such as cancer, HIV and multiple sclerosis are covered from diagnosis.

Different Parts of the Act apply in different settings. Part 6, Chapter 2 deals with further and higher education. Part 5 covers work, including apprenticeships. Section 96 deals with qualification bodies. Section 149 creates the public sector equality duty.

How does the Act apply in FE and apprenticeships?

A college must not discriminate against students in admissions, the way it provides education and services, or by excluding them. It must make reasonable adjustments and plan ahead under the anticipatory duty. Harassment and victimisation are also unlawful.

In an apprenticeship there are several duty holders. The employer must not discriminate against the apprentice and must make reasonable adjustments in the workplace. The training provider owes duties as an education provider. The awarding or end-point assessment organisation owes duties as a qualification body. When responsibilities overlap, agree who does what in writing. Our guide to the Equality Act 2010 for FE providers goes through the main duties.

What is a common misconception about the Equality Act?

A frequent belief is that only people with a recognised diagnosis or a registered disability are protected. The test is the effect of the impairment on day-to-day activities, not a label. The Act also does not rely on a register. Another misconception is that the Act is the same as the SEND framework. It is separate: a learner can be protected by the Act without having SEND, and a learner with SEND may not meet the Act’s definition of disability. Providers need to apply both.

Finally, “reasonable” does not mean “optional”. An organisation that fails to make a reasonable adjustment commits unlawful discrimination.

Where can you find the official source?

The full Act is at legislation.gov.uk. The gov.uk page on the definition of disability gives a short summary. The Equality and Human Rights Commission publishes statutory codes and technical guidance, including for further and higher education. This page is a summary, not legal advice. Take professional advice on a specific case.