Section 60A: Discriminatory statements, Equality Act 2010

A person (A) must not make a discriminatory statement in connection with a relevant decision that A makes or might make.

References in this section to a "relevant decision" are to be determined as follows—

For the purposes of subsection (1) a statement is discriminatory if—

it is directed to the public or a section of the public, and

were it made in connection with a relevant decision, the making of it would amount to treatment of a person that is direct discrimination.

A statement made by a person (B) who—

is not an employee of A acting in the course of B's employment, and

is not an agent of A acting with A's authority,

is to be treated for the purposes of this section as if made by A if there are reasonable grounds for the public, or a section of the public, to believe that B is capable of exercising decisive influence on the making by A of a relevant decision.

Regard is to be had (among other things) to the factors mentioned in subsection (6) when determining—

whether a statement is made in connection with a relevant decision for the purposes of subsection (1);

whether there are reasonable grounds for the belief mentioned in subsection (4).

The factors are—

the status of the person making the statement at the time it is made;

the nature and content of the statement;

the context in which the statement is made;

in the case of a statement that A is treated as having made by virtue of subsection (4), the steps (if any) taken by A to disassociate A from the statement made by B.

It does not matter for the purposes of this section whether or not—

an individual has or may have been affected by the discriminatory statement in question;

A has made, or plans to make, arrangements which would involve the making of a relevant decision.

A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part).

In subsection (3) the reference to direct discrimination is to a contravention of this Act by virtue of section 13 or 18.

Nothing in this section limits or otherwise affects—

other prohibitions imposed by this Chapter;

the application of section 109 (liability of employers and principals for acts of employees and agents).

Section 60A: Discriminatory statements

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