The Equality Act 2010 (Brexit)

Posted on March 8, 2017

The Equality Act 2010 (Brexit)

The Equality Act 2010 (EqA 2010) which implements the UK’s laws against discrimination is primary legislation, so would remain in force even if the legislation incorporating EU law (the European Communities Act 1972) is repealed.

Although the government could repeal the EqA 2010 after exiting the EU, to do so would be controversial. It is difficult to imagine many employers arguing that they should be free to discriminate on any protected grounds.

Any change to the existing regime governing direct discrimination, indirect discrimination and harassment also seems unlikely. Some commentators have suggested that, free from EU constraints, a cap could be imposed on discrimination compensation similar to that for unfair dismissal.

Another possibility is that the government could change the law to allow positive discrimination in favour of under-represented groups in a way that is not currently permissible under EU law.

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