Section 13 Direct discrimination

(1)

A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

(2)

If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.

(3)

If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.

(4)

If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.

(5)

If the protected characteristic is race, less favourable treatment includes segregating B from others.

(6)

If the protected characteristic is sex—

(a)

less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;

(b)

in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy F1, childbirth or maternity.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

This section is subject to sections 17(6) and 18(7).

Annotations

Textual amendments

F1: Words in s. 13(6)(b) substituted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(2)(a)
F2: S. 13(7) omitted (1.1.2024) by virtue of The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(2)(b)