London Bylaw & Hiring Law: Equality Act Protections

Labor and Employment England 4 Minutes Read · published February 02, 2026 Flag of England

In London, England employers and recruitment agencies must apply the Equality Act 2010 when advertising, shortlisting and hiring to avoid unlawful discrimination; the Act sets out the protected characteristics that cannot be used as the basis for selection or refusal to hire.[1] This guide explains those protected characteristics, the enforcement routes and time limits for claims, the practical application steps for employers and applicants in London, and where to find official forms and contacts.

What are protected characteristics?

The Equality Act 2010 defines a closed list of protected characteristics that employers must not use as a basis for discriminatory treatment in recruitment or selection. Employers should treat these characteristics as off-limits for hiring decisions unless a lawful exception applies.

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
Protected characteristics are a legal list and employers should not treat any item on it as a hiring criterion.

Penalties & Enforcement

Enforcement for hiring discrimination is primarily through employment tribunals and courts; many claims must be preceded by early conciliation with ACAS and strict time limits apply for presenting a claim.[2] The Equality Act itself does not prescribe a standard fixed fine for discriminatory hiring; remedies are typically judicial and administrative.

  • Monetary remedies: compensation awarded by employment tribunals or courts; specific statutory amounts or caps are not set out on the cited page.
  • Escalation and time limits: most employment discrimination claims must be presented promptly; early conciliation via ACAS is usually required before a tribunal claim and strict time limits apply (see official guidance).[2]
  • Non-monetary orders: tribunals and courts can make declarations, recommendations and injunctions or other orders to remedy discriminatory practices (details depend on the case and are not quantified on the cited page).
  • Enforcers and complaint pathways: claims are brought to Employment Tribunals; ACAS handles early conciliation and provides a pathway to submit a tribunal claim if conciliation fails.[2]
  • Appeal/review: tribunal decisions can be appealed to higher courts where legal error is alleged; precise appeal time limits vary by route and case facts and are not specified on the cited page.
  • Defences and discretion: employers may rely on statutory exceptions (for example genuine occupational requirements) or a reasonable and proportionate justification; availability of specific defences depends on the statutory provisions and case law.
Start early conciliation with ACAS promptly because tribunal time limits are strict.

Applications & Forms

For an employment discrimination claim in England you normally complete the ET1 (Employment Tribunal claim form) and follow the ACAS early conciliation process first; the ET1 form and guidance on submitting a claim are available from official gov.uk publications and pages.[3]

  • Form name: ET1, Employment Tribunal claim form — purpose: start a tribunal claim.
  • Fee: there is no tribunal application fee for most employment claims (see official guidance linked in Resources).
  • Submission: follow gov.uk instructions for online or paper submission; early conciliation via ACAS is normally a precondition.
  • Deadlines: strict statutory time limits apply to discrimination claims; contact ACAS promptly to avoid losing the right to bring a claim.
If you are an applicant, keep copies of job adverts, emails and notes of interviews as evidence.

Practical steps for employers and applicants

  • Employers: update job descriptions and adverts to focus on essential skills and lawful occupational requirements.
  • Employers: train HR and hiring managers on avoiding discriminatory questions and reasonable adjustments for disabled applicants.
  • Applicants: request internal review from the employer and retain written records of the recruitment process.
  • Applicants: if internal resolution fails, contact ACAS for early conciliation, then submit ET1 if needed within the applicable time limit.

FAQ

Can an employer ask about protected characteristics during interview?
No—questions about protected characteristics are generally inappropriate unless there is a lawful occupational requirement or the applicant has given consent for a specific, lawful reason.
How long do I have to bring a discrimination claim?
Most employment discrimination claims must be presented quickly and early conciliation via ACAS is generally required before tribunal proceedings.
What remedies are available if discrimination is found?
Tribunals can award compensation and make declarations or recommendations; statutory fixed fines for hiring discrimination are not prescribed on the cited guidance pages.

How-To

  1. Collect evidence: save adverts, emails, CVs and notes of interviews.
  2. Contact the employer: request a written explanation or internal appeal.
  3. Start ACAS early conciliation: use ACAS to explore settlement and obtain a conciliation number.
  4. Submit ET1: if conciliation fails, file the ET1 tribunal claim following gov.uk guidance and within the time limit.

Key Takeaways

  • Protected characteristics are a fixed legal list under the Equality Act 2010 that must not influence hiring decisions.
  • Time limits are strict and early conciliation with ACAS is typically required before tribunal claims.

Help and Support / Resources

  1. [1] Legislation.gov.uk - Equality Act 2010, section 4 (protected characteristics)
  2. [2] ACAS - Early conciliation and how to raise a workplace dispute
  3. [3] GOV.UK - Employment Tribunal claim form ET1 (official publication)

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