Equality Act 2010: Impact on British Society

Warinder Juss Excerpts

Wednesday 10th September 2025 Westminster Hall

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship for the first time, Dr Allin-Khan. I thank the hon. Member for Romford (Andrew Rosindell) for securing the debate, although I have to say that I disagree with everything he said.

The Equality Act represented a pivotal change in our society and in our law, to create a kinder, more inclusive and equal Britain. I am grateful that, by and large, our society continues to uphold those values 15 years after the Act’s initial creation. However, I am here today to speak about a form of discrimination that is only partially covered by the Equality Act: caste discrimination, which certainly should not exist in British society. In 2010, the Labour Government included the legal power in section 9(5)(a) of the Equality Act, as amended, to outlaw caste-based discrimination in the UK. In 2013, Parliament changed that to a legal duty on Ministers to outlaw caste discrimination. Five years later, the Tory Government decided to get rid of that provision, but successive Governments did nothing about it.

Despite calls from authorities such as the United Nations High Commissioner for Human Rights and the UK’s Equality and Human Rights Commission, and organisations such as the National Secular Society and the Anti Caste Discrimination Alliance, there has been no move to implement section 9(5)(a). Indeed, the Anti Caste Discrimination Alliance found that nearly one in 10 respondents in Britain say that they have experienced verbal abuse on the basis of caste discrimination, and that the same number report that they have missed out on promotion at work because of their caste.

Despite its good provisions, the Equality Act does not explicitly list caste as a protected characteristic, despite the amendments made back in 2013, which would mean that caste discrimination is recognised as a form of race discrimination in the same way as discrimination based on colour, ethnic or national origin, and nationality. It is time for the Government to introduce the recommended secondary legislation to make caste an aspect of race—contrary to what the hon. Member for Romford said, I believe that the Equality Act should be expanded.

We need to make caste discrimination illegal when it comes to employment and public services, including education. The provision is already in section 9(5)(a) of the Equality Act, but it needs to be implemented. I would be interested to hear the Minister’s response so that I can reassure my constituents in Wolverhampton West that we are doing something for them, as they have suffered from caste-based discrimination.

Since 2013, numerous caste-based discrimination cases have been pursued in employment tribunals, and there have been other cases in which caste discrimination has been alleged—for example, in the NHS and, in one case, in a bakery—but the employers decided to settle out of court. The courts should not have to rely on case law to address caste-based discrimination, because that leaves the issue inconsistent and uncertain.

I ask that the Government take initiative now, further to section 9(5)(a) of the Equality Act, to provide clarity to our courts. They should implement a clear structure of redress for those impacted and stand alongside other countries, businesses and trade unions in confronting caste-based discrimination, so that we send a clear message to everyone in this country that hatred and discrimination in any form have no place in Britain.

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[Rebecca Paul (Reigate) (Con)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I draw attention to my entry in the Register of Members’ Financial Interests as a serving Surrey county councillor.

I am extremely grateful to my hon. Friend the Member for Romford (Andrew Rosindell) for securing today’s debate. For all the reasons that he so ably laid out, it is now well overdue that we honestly assess the impact of the Equality Act on people in the workplace and wider society and consider whether there is need for change. It is best practice to always reassess and measure outcomes, rather than assuming that something is working as intended.

I wish to focus on the public sector equality duty in the Act and on its broader impact on our public institutions. It was undoubtedly a well-meaning clause. However, as is often the case, the road to hell is paved with good intentions. The public sector equality duty in section 149 imposes a legal burden on public bodies to

“have due regard to the need to…eliminate discrimination…advance equality of opportunity…and…foster good relations”

between people with different protected characteristics. That all sounds rather wonderful, but the reality is that it has become a powerful, often unaccountable force that we see distorting public priorities and fuelling ideological dogma. We see local councils that are more concerned with ensuring that residents are anti-racist than with ensuring that bus services to schools and colleges are adequate. We see them painting rainbows on our roads rather than fixing them, and speaking warm words about the importance of accessibility for disabled people while failing to cut hedges back or adjust bus stops.

We all undoubtedly support the ambition that everyone—no matter their protected, or indeed unprotected, characteristics—be given the same opportunities, be treated fairly and have the chance to thrive and prosper through hard work and talent. However, looking at the impact that the public sector duty has had, I believe that it was a mistake to think that that was the answer. If anything, it has highlighted difference, undermined meritocracy and, in some cases, pitted groups against each other. It is now often helpful to someone’s career or studies to be oppressed in some shape or form, leading to the absurd situation in which some of the most talented people are blocked. That does no one any favours, and certainly not our country.

EDI, or DEI as some people call it, has become a lucrative industry. Every public body, from local district councils and hospitals to police forces and schools, is now required to evidence, audit, review and revise policies in the light of how they impact protected groups, regardless of the outcomes that those policies deliver. A 2022 Policy Exchange report found that major public institutions are spending tens of millions of pounds annually on equality, diversity and inclusion roles, as well as training and compliance measures, all to ensure that they tick the right boxes against the public sector equality duty.

The issue is not just the cost. What makes the public sector equality duty potentially damaging is the way in which it enables particular ideologies to seep into institutions and spaces that ought to be wholly neutral on such issues. Because the duty is so broadly framed, and because it requires anticipatory rather than reactive compliance, it has given rise to a culture of pre-emptive overreach. Public bodies feel compelled to insert themselves into questions of speech, behaviour and belief that ought to lie outside their remit. More and more, we see a move away from facts and evidence towards fashionable beliefs within institutions that should be impartial. We see that in councils demanding that their staff include pronouns in their signatures, in police forces being trained to detect unconscious bias, and even in the Welsh Government, where they have pledged to make the country anti-racist.

There is nothing neutral or impartial about such choices. They reflect specific world views, and by embedding them in policy and practice, the public sector equality duty is demanding adherence to such ideas as a precondition for working in the public sector or using its services. That cannot be right. It is little wonder that public confidence has been eroded. More in Common’s “Shattered Britain” report tells of swathes of the public who now view public institutions with mistrust, partly because within such institutions a narrow set of values now dominates, and any dissent is smacked down as bigotry or even dismissed as far-right.

Like all Members present, no doubt, I have heard accounts from my constituents of what that looks like in practice. I have heard from people who feel baffled and confused by all the focus on diversity, unconscious bias and pronouns, rather than on things that actually affect their day-to-day life in a meaningful way, such as fly-tipping and potholes.

My central point is that the public sector equality duty does not just waste taxpayer money; it actively distorts how services are delivered and allows ideology to permeate them. We have seen NHS trusts wasting fortunes on a parade of diversity-focused roles. In the case of NHS Fife, the bureaucratic machinery was brought to bear against a nurse for objecting to a biological man entering her changing room. Meanwhile, West Yorkshire police felt that it would be a valid use of £4.5 million to send their entire workforce away to be lectured for two days on the slave trade. We can only wonder if that time would have been better spent trying to solve some crimes.

I am of the view that we should reconsider whether the public sector equality duty is fit for purpose, and whether a return to a model under which equality means equal treatment for all would have better outcomes.

[Warinder Juss]

I accept that we should not have tick-box exercises, but does the hon. Member not agree that legislation should reflect changing social values? Were it not for the fact that we have equality legislation, we might still be suffering the social ills that we suffered back in the ’60s and ’70s, which I remember from growing up in Wolverhampton. We have moved on. Does the hon. Member not agree that that is partly because of the legislation that has been passed to highlight to people what is and is not acceptable?

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[Claire Coutinho (East Surrey) (Con)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan, and I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on securing this debate. This issue is having a fundamental impact on our society but is not discussed enough. I associate myself with his remarks about Don’t Divide Us and its excellent report, which I urge everybody to read.

We are not a country that divides ourselves into tribe, clan or creed. We do not believe that one sex is more intelligent or more modest than the other. We do not persecute people for their religion or sexuality. At our heart, we are a country built on Christian and enlightenment values and common law. The desire for reason and the belief that we should want for our neighbour what we want for ourselves and that we should be equal before the law have steered us towards being a more meritocratic society than almost any other in the world.

I believe in making sure that opportunity can reach people no matter their background, class or circumstances, and I do think that we have some way to go in that regard. However, deep in our national psyche, we believe in judging someone by their character and not by their characteristics.

There is a proud legacy of laws passed by Parliament that shows this tendency of ours to protect the few from discrimination or harassment by the many. As many Members have said, the Equality Act 2010 brought together many existing laws on discrimination, including rights for pregnant women and disabled people. Those were certainly important pieces of legislation, but they serve as a reminder that just as human rights were not created by the Human Rights Act in 1998, equality was not created by the Equality Act in 2010.

The Lib Dem spokesperson, the hon. Member for Frome and East Somerset (Anna Sabine), talked about being evidence-based; the Coalition for Racial Equality and Rights conducted a review of the public sector equality duty in Scotland and found that

“there was virtually no robust evidence of positive change in the lives of people with protected characteristics”.

We should not fall into the trap of treating this piece of legislation as flawless or beyond scrutiny just because it speaks to values that we hold dear.

The Equality Act did not just bring together discrimination and harassment laws, but went much further. It imposed a legal duty on public bodies and private institutions to promote equality based on nine specific characteristics. In turn, as my hon. Friend the Member for Romford pointed out, that has created an industry that wants to force a statistically perfect division on the basis of sex and race in all parts of society, even though that is impossible to achieve. It encourages us to presume that every disparity is a result of prejudice and to turn even minor workplace differences into legal grievances. Worst of all, unelected officials in our institutions have worked behind closed doors with radical activists, who prescribe social engineering to get equal outcomes, even when it takes a hammer to the British people’s sense of fairness and is against the law.

In seeking to progress equality, these aspects of the Act have changed our culture and taken us backwards. We do not believe that people should be held back from progression because of their protected characteristics, but in the RAF, white male recruits were deliberately blocked from training and given fewer opportunities because of their race and sex. We do not believe that women should be paid less than men for the same work, but in the Department for Education, they are using the Equality Act to justify paying men a thousand pounds more than women for the same jobs in childcare.

We do not believe in employing people just because of their race, but senior officers at West Yorkshire police rigged the recruitment process to hire an ethnic minority candidate, who had failed their interview, just to meet a diversity target. Thanks to the Labour Government, a young person’s opportunity to take their first steps serving this country in the civil service is based not on how hard they work but on what job their parents did when their child was 14 years old. If you are the child of a nurse, cabbie or shopkeeper, I am sorry, but you are just not working class enough—the door is shut to you. In internships up and down the country, including at MI6, young white people have been told they cannot even apply.

Here is the problem: the Equality Act has created a hierarchy of diversity. Women are told that their rights are not as important as trans rights. If a white boy grew up in care, had parents were alcoholics or had recovered from a life-changing disease, tough luck—he is not as deserving as an ethnic minority. Who is to say whose adversity has been more of a challenge? How can we fit the whole of human experience into these tidy little boxes? When rights clash, as they do, who gets to choose which group is deemed more worthy? When it came to gender ideology, it was bureaucrats behind closed doors, often working hand in glove with extreme activist groups. When women lost their jobs or were forced to share changing rooms with men, it was HR departments citing the Equality Act who held the pitchforks. Across the NHS, police forces, local councils and Government Departments, it was unelected officials who were using the Equality Act as a weapon to undermine meritocracy.

In the cases of Birmingham and Next, it was unaccountable, independent experts who decided that manual shift work was equal to retail and office work. In the case of Next, when employees were given the chance, they refused to move to warehouses. The work was deemed of equal value, even when it was clearly not thought to be so by the workers themselves. That is simply absurd. One ruling bankrupted a council, and the other will push up costs for consumers, all because of decisions made by people who are unaccountable. More such cases are on the way.

This hierarchy of diversity does not reflect the values upon which this country was built: fairness and merit, judging individuals by their actions and their character, not by their immutable characteristics. We cannot assign innocence or guilt, merit or privilege, by characteristic, placing some groups on a pedestal while others are pushed aside. The public see a society where protection is selective, and where the playing field tilts towards those who can claim special status. We heard today calls from the hon. Member for Wolverhampton West (Warinder Juss) to have yet more special statuses, but surely, the answer is this: the law that protects me from discrimination should protect my hon. Friend the Member for Romford and his constituents from discrimination, when we are all equal before the law.

It is about to get worse, because the Government are set on introducing an Islamophobia definition, which they have tried to do behind closed doors. That will have a chilling effect on the ability of our public services to grasp difficult and sensitive issues, such as grooming gangs, gender inequality or Islamist extremism. They are doing this under the pretence of combating hatred and violence, which are already against the law.

Instead of doing the hard graft of breaking down barriers and creating opportunity, Ministers want to hand yet more powers to consultants and HR officials in a undefined race and equality Bill to further shape the world according to who they deem worthy. It is easier, after all, to talk about quotas at diversity conferences than it is to fix entrenched problems in education, geography, family structures and culture. Because it is easier to judge physical characteristics, it risks creating a system that overlooks each individual’s personal circumstances and what they may have overcome.

Giving pen pushers more authority to dictate who is privileged does not create more opportunity or make Britain more fair or prosperous, so we should ask: what message does this send to our children? Do we want them to believe that their future is determined by tick boxes on a form? Do we want them to grow up thinking that fairness means that some doors are closed to them because of their race or sex, or do we want them to live in a country where the law guarantees equal treatment and opportunity for all?

It is time to put an end to the social experiment and return to first principles: equal treatment under the law, equal opportunity in life and the belief that the people of this country can rise as far as their talent and determination can take them. That is what genuine equality looks like, and that is what the British people believe in.

[Warinder Juss]

I take the right hon. Lady’s point about everyone being equal under the law, but what happens if somebody is not made equal under the law? What redress would that person have, were it not for legislation that is currently in place?

[Claire Coutinho]

I believe that the hon. Gentleman is talking about discrimination. The point of being equal under the law is that the same protections from discrimination can protect his constituents, the hon. Member for Romford and me. The whole point of our common-law system is that we must all face the same law, whether that is for penalty or in the case of discrimination and harassment. He refers to many of the examples of discrimination and harassment that are in the Equality Act, but they were not created by that Act; they were created decades and decades earlier.