Definition

The Equality Act 2010 is the principal UK legislation governing diversity and inclusion in the workplace. It consolidates earlier statutes including the Race Relations Act 1976, the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995. The Act prohibits discrimination in employment and service delivery on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The full text is available at legislation.gov.uk. For RICS candidates, the Act is complemented by the Rules of Conduct and associated regulations.

Why this matters for Diversity, Inclusion and Teamworking

  • Level 1 knowledge: you must name the nine protected characteristics, explain the four main forms of prohibited conduct and describe the Public Sector Equality Duty.
  • Legal knowledge alone is insufficient — assessors expect you to explain how the legislation applies in a surveying workplace.
  • Surveyors advise on procurement, construction management and property development — all areas where equality obligations on clients and supply chains are relevant.
  • Rule 2 of the RICS Rules of Conduct requires members to be professionally competent, including knowledge of applicable legislation.
  • The legislative framework sets the floor, not the ceiling — RICS expects members to go beyond legal compliance and actively encourage diversity and inclusion.

Key principles

Forms of prohibited conduct

Direct discrimination: treating someone less favourably because of a protected characteristic. Indirect discrimination: applying a provision, criterion or practice that applies equally to all but disproportionately disadvantages a group with a protected characteristic, unless objectively justified. Harassment: unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile or offensive environment. Victimisation: treating someone less favourably because they have made, or are suspected of making, a complaint under the Act.

The reasonable adjustment duty

Employers must take reasonable steps to remove disadvantage faced by disabled people, including adapting working hours, modifying premises, providing specialist equipment or adjusting performance processes. The duty is anticipatory for service providers: they should consider in advance what adjustments disabled clients may need.

The Public Sector Equality Duty

Section 149 of the Equality Act 2010 requires public authorities to have due regard to: eliminating discrimination; advancing equality of opportunity; and fostering good relations between different groups. For surveyors advising public authority clients, this means helping them consider equality implications in procurement and development design. Ignoring these obligations could expose the client to legal challenge.

Relevant RICS guidance and legislation

  • Equality Act 2010 — nine protected characteristics; direct and indirect discrimination; harassment; victimisation; reasonable adjustment duty; Public Sector Equality Duty (s.149).
  • Worker Protection (Amendment of Equality Act 2010) Act 2023 — proactive duty on employers to prevent sexual harassment.
  • RICS Rules of Conduct (effective 2 February 2022) — Rule 4: encourage diversity and inclusion; Rule 2: be competent, including knowledge of applicable law.
  • RICS Inclusive Employer Quality Mark — voluntary commitment framework aligned with the legal standards.
  • ACAS guidance on equality, discrimination and the Equality Act 2010 — practical interpretation of the statutory framework.

Ethics and Rules of Conduct angle

The legal minimum is not the professional standard. Rule 4 requires members to actively encourage diversity and inclusion: a positive obligation beyond mere non-discrimination. Members who comply with the law but create a working environment where certain groups feel excluded are not meeting their professional obligations. Rule 1 (honesty and integrity) requires honest engagement with equality obligations, not performed compliance while tolerating exclusion in practice.

APC-style Q&As

Q (Level 1)What are the nine protected characteristics under the Equality Act 2010?

Age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

Q (Level 1)What is the difference between direct and indirect discrimination under the Equality Act 2010?

Direct discrimination is treating someone less favourably because of a protected characteristic, for example refusing to promote someone because of their age. Indirect discrimination is applying a provision, criterion or practice that applies equally to all but disproportionately disadvantages a group with a protected characteristic, for example requiring all staff to work unsociable hours in a way that disproportionately affects those with caring responsibilities. Indirect discrimination may be justified if it pursues a legitimate aim by proportionate means.

Q (Level 2)What is the Public Sector Equality Duty and how is it relevant to a surveyor advising a public authority client?

The PSED (s.149, Equality Act 2010) requires public authorities to have due regard to eliminating discrimination, advancing equality of opportunity and fostering good relations. For a surveyor advising a local authority on a development, this means helping the client consider equality implications in procurement and design, for example ensuring accessible design standards are met and that the tendering process is accessible to SMEs from under-represented communities.

Q (Level 2)A colleague makes a complaint of harassment under the Equality Act. What are your responsibilities as their line manager?

I would take the complaint seriously and acknowledge it promptly without pre-judging the outcome. I would ensure the colleague was aware of the firm's formal grievance procedure and named HR contact. The complaint would be investigated by an appropriate manager within the policy timescale. I would protect the complainant from any detriment (victimisation is itself unlawful), keep them informed of progress and document every step throughout.

Q (Level 3)Your firm is considering requiring all senior surveyors to be available for travel at short notice and extended hours on rotation. Advise on the equality implications.

(example) This policy risks constituting indirect sex discrimination: caring responsibilities, which disproportionately fall on women, make extended short-notice travel harder to accommodate. It could also disadvantage those with health conditions requiring predictable working patterns. Before introducing it, I would advise my firm to assess: whether the requirement is genuinely necessary (legitimate aim); whether it could be achieved with less discriminatory impact, for example voluntary rotation with advance notice (proportionality); and whether individual reasonable adjustments apply. I would recommend a formal equality impact assessment, document the reasoning and brief HR on the risk, in line with Rule 2 (competence) of the RICS Rules of Conduct.