Section 13: Direct discrimination

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 2: Equality: key concepts — Chapter 2: Prohibited conduct

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.

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.

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.

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.

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

If the protected characteristic is sex—

less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
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 , childbirth or maternity.

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

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.