Country report, gender equality : how are EU rules transposed into national law? : United Kingdom 2025.
Date: 2025-09-03
Institutions: Directorate-General for Justice and Consumers
Subjects: United Kingdom, age discrimination, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, pension scheme, report, sexual discrimination, sexual harassment, social security

United Kingdom 
2025 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Non-Discrimination 
Unit D.3 Gender Equality 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

United Kingdom 

Rachel Horton 

Reporting period 1 January 2024 – 1 January 2025 

2025  Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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© European Union, 2025 

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ISSN 2600-0164  

doi: 10.2838/8327261    DS-01-25-042-EN-N 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

CONTENTS 
1 

2 

3 

4 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
List of main legislation transposing and implementing the directives .......... 6 
Sources of law .................................................................................... 7 
  Main surveys, reports on gender equality and other issues ....................... 7 
General legal framework ............................................................................ 8 
Constitution ........................................................................................ 8 
Equal treatment legislation ................................................................... 8 
Implementation of central concepts ........................................................... 9 
Sex/gender/transgender ...................................................................... 9 
Direct sex discrimination .................................................................... 10 
Indirect sex discrimination .................................................................. 11 
  Multiple discrimination and intersectional discrimination ......................... 12 
Positive action ................................................................................... 13 
Harassment and sexual harassment ..................................................... 14 
Instruction to discriminate .................................................................. 16 
Other forms of discrimination .............................................................. 17 
Evaluation of implementation .............................................................. 17 
  Remaining issues ............................................................................... 18 

Equal pay and equal treatment at work (Article 157 of the Treaty on the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 19 
General (legal) context....................................................................... 19 
Equal pay ......................................................................................... 19 
Access to work, working conditions and dismissal .................................. 23 
Evaluation of implementation .............................................................. 26 
Remaining issues ............................................................................... 26 

5  Work-life balance issues: pregnancy, maternity, family-related leave and 

flexible working arrangements (Directive 92/85, relevant provisions of 
Directives 2006/54, and Directive 2019/1158) ....................................... 27 
General (legal) context....................................................................... 27 
Pregnancy and maternity protection .................................................... 27 
  Maternity leave ................................................................................. 30 
Paternity leave .................................................................................. 32 
Adoption leave .................................................................................. 33 
Parental leave ................................................................................... 34 
Child-related leave in relation to surrogacy ........................................... 37 
Carers’ leave ..................................................................................... 38 
Time off for force majeure .................................................................. 38 
  Flexible working time arrangements (FWAs) ......................................... 39 
  Evaluation of implementation .............................................................. 41 
  Remaining issues ............................................................................... 41 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 42 
General (legal) context....................................................................... 42 
Direct and indirect discrimination ........................................................ 42 
Personal scope .................................................................................. 42 
  Material scope ................................................................................... 42 
Exclusions ........................................................................................ 42 
Laws and case law falling under the examples of sex discrimination 
mentioned in Article 9 of Directive 2006/54 .......................................... 43 
Actuarial factors ................................................................................ 43 
Difficulties ........................................................................................ 43 
Evaluation of implementation .............................................................. 43 
  Remaining issues ............................................................................... 43 
Statutory schemes of social security (Directive 79/7) ............................. 44 
General (legal) context....................................................................... 44 

6 

7 

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Country report – Gender equality – United Kingdom – 2025 

8 

9 

Implementation of the principle of equal treatment for men and women in 
matters of social security .................................................................... 44 
Personal scope .................................................................................. 45 
  Material scope ................................................................................... 45 
Exclusions ........................................................................................ 45 
Actuarial factors ................................................................................ 45 
Difficulties ........................................................................................ 45 
Evaluation of implementation .............................................................. 45 
Remaining issues ............................................................................... 45 

Self-employed workers (Directive 2010/41/EU and some relevant 
provisions of the Recast Directive) ........................................................... 47 
Implementation of Directive 2010/41/EU .............................................. 47 
Personal scope .................................................................................. 47 
  Material scope ................................................................................... 48 
Positive action ................................................................................... 48 
Social protection ............................................................................... 48 
  Maternity benefits.............................................................................. 49 
Occupational social security ................................................................ 50 
Prohibition of discrimination ................................................................ 50 
Evaluation of implementation .............................................................. 50 
  Remaining issues ............................................................................... 50 
Goods and services (Directive 2004/113) ................................................ 51 
General (legal) context....................................................................... 51 
Prohibition of direct and indirect discrimination ..................................... 52 
  Material scope ................................................................................... 52 
Exceptions ........................................................................................ 52 
Justification of differences in treatment ................................................ 52 
Actuarial factors ................................................................................ 52 
Interpretation of exception contained in Article 5(2) of Directive 2004/113 52 
Positive action measures (Article 6 of Directive 2004/113) ...................... 52 
Specific problems related to pregnancy, maternity or parenthood ............ 52 
  Evaluation of implementation .............................................................. 53 
  Remaining issues ............................................................................... 53 

10  Violence against women and domestic violence in relation to the Istanbul 
Convention and the Violence Against Women Directive (Directive (EU) 
2024/1385) ............................................................................................. 54 
  General (legal) context with regard to the obligation set out by the Istanbul 
Convention ....................................................................................... 54 
  General context with regard to the obligation set out by the Violence Against 
Women Directive ............................................................................... 56 
  Ratification of the Istanbul Convention ................................................. 57 

11  Compliance and enforcement aspects (horizontal provisions of all 

directives) ................................................................................................ 58 
  General (legal) context....................................................................... 58 
  Victimisation ..................................................................................... 59 
  Access to courts ................................................................................ 59 
  Horizontal effect of the applicable law .................................................. 61 
  Burden of proof ................................................................................. 61 
  Remedies and sanctions ..................................................................... 61 
  Equality body .................................................................................... 61 
  Social partners .................................................................................. 62 
  Other relevant bodies......................................................................... 62 
  Evaluation of implementation .............................................................. 62 
  Remaining issues ............................................................................... 62 
12  Overall assessment .................................................................................. 63 
Bibliography ..................................................................................................... 64 

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Country report – Gender equality – United Kingdom – 2025 

1 

Introduction 

  Basic structure of the national legal system 

The United Kingdom (UK) comprises England, Wales, Scotland and Northern Ireland (NI). 
Great Britain (GB) includes England, Wales and Scotland.1 The UK, which has three legal 
jurisdictions  (England  and  Wales,  Scotland  and  Northern  Ireland),  is  a  parliamentary 
democracy  with  neither  a  written  constitution  prescribing  separation  of  legislative, 
executive and judicial powers, nor an entrenched constitutional bill of rights.  

All UK-wide law-making powers are vested in the Westminster Parliament, which legislates 
through  both  primary  legislation  (Acts  of  Parliament)  and  secondary  laws  (Statutory 
Instruments). These laws are subsequently ‘interpreted’ by the courts to create a body of 
case  law  which  is  based  on  the  binding  rules  of  legal  precedent.  The  Westminster 
Parliament  can  only  legislate  in  the  areas  which  have  not  devolved  to  the  Scottish 
Parliament,  the  Welsh  Assembly  or  the  Northern  Ireland  Assembly.  However,  it  can 
legislate in those areas where one of those legislatures consents to legislation being passed 
on its behalf. Of importance in this context is that equalities legislation in Scotland and 
Wales is reserved to the Westminster Parliament – in other words it is only Westminster 
that can legislate in the area of equalities for England, Wales and Scotland. 

The Northern Ireland Assembly has competence to legislate in the area of equalities. 

The UK left the EU on 31 January 2020 under the European Union (Withdrawal) Act 2018. 
The Retained EU Law (Revocation and Reform) Act 2023 received Royal Assent but did not 
include  the  provision,  contained  in  the  original  draft  of  the  Bill,  which  would  have 
established a mechanism for review and revocation of all retained EU law (including EU-
derived  subordinate  legislation  and  remaining  directly  effective  provisions  of  EU  law.) 
Instead it included a list of EU-based statutory instruments it intended to repeal, none of 
which are relevant to gender equality. The Equality Act 2010 (Amendment) Regulations 
2023  (which  came  into  force  on  1  January  2024)  codify  a  number  of  EU-derived 
discrimination protections not already contained in legislation including the ‘single source’ 
test for establishing a comparator in an equal pay claim; confirmation that discrimination 
in  employment  because  of  breastfeeding  is  sex  discrimination;  and  the  right  to  claim 
indirect discrimination by association. 

Anti-discrimination legislation in the UK is enforced mainly through the civil courts, with 
the exception of some minor provisions that provide for criminal sanctions. The relevant 
judicial systems in the  three jurisdictions within the UK  are  similar but not identical. In 
each there are first-instance tribunals in which all employment-related cases are heard, 
and  separate  civil  courts  (county  courts  in  NI  and  England  and  Wales,  sheriff  courts  in 
Scotland) for other civil claims. The final civil appeal court for all three jurisdictions is the 
Supreme  Court,  which  came  into  being  in  October  2009,  replacing  the  Appellate 
Committee of the House of Lords (and the Judicial Committee of the Privy Council). Non-
employment cases are generally heard in the county courts or (in the case of some public 
law  claims)  the  Administrative  Court,  with  appeal  to  the  Court  of  Appeal  and  Supreme 
Court. 

1   For purposes of transposition of EU legislation, the UK also had responsibility for Gibraltar. To comply with 

Directives 2000/43/EC and 2000/78/EC the Gibraltar legislature enacted the Equal Opportunities Ordinance 
2004 (or Act), which came into force on 11 March 2004. This legislation has been replaced by the Equal 
Opportunities Act 2006. The Gibraltar legislation is not discussed in this report. 

5 

 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

  List of main legislation transposing and implementing the directives 

For Great Britain: 

- 

The  Equality  Act  2010  (EqA).2  This  replaces  earlier  legislation  which  had 
implemented relevant EU directives: 

• 

• 

• 

Council  Directive 2000/78/EC  establishing  a  general  framework  for  equal 
treatment in employment and occupation;  
Council Directive 2004/113/EC implementing the principle of equal treatment 
between men and women in the access to and supply of goods and services;  
European Parliament and Council Directive 2006/54/EC on the implementation 
of the principle of equal opportunities and equal treatment of men and women 
in matters of employment and occupation (recast). 

The Employment Rights Act 1996, as amended; 3 

The  Maternity  and  Parental  Leave  etc.  Regulations  1999.4  Implements  Council 
Directive 92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage improvements in the safety and health at work of pregnant workers and 
workers who have recently given birth or are breastfeeding; 

In relation to Directive 79/7, relevant provisions of social security law are found in 
very many individual pieces of primary and secondary legislation. Section 29 of the 
Equality  Act  2010  generally  prohibits  discrimination  by  public  authorities  in  the 
provision of services or exercise of public functions; and 

Article 8  of  Directive 2010/41  was  implemented  by  The  Social  Security  (Maternity 
Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 
2014 which came into effect on 1 April 2014. In other respects, the Government took 
the view that no new implementing measures were required. 

- 

- 

- 

- 

For Northern Ireland: 

- 

The Sex Discrimination (Northern Ireland) Order 1976 (SD(NI)O)5 as amended by 
various Regulations that implement:  

• 

• 

• 

EU directives: Council Directive 2000/78/EC establishing a general framework 
for equal treatment in employment and occupation;  

Council Directive 2004/113/EC implementing the principle of equal treatment 
between men and women in the access to and supply of goods and services;  

European Parliament and Council Directive 2006/54/EC on the implementation 
of the principle of equal opportunities and equal treatment of men and women 
in matters of employment and occupation (recast). 

- 

Equal Pay Act (NI) 1970;6 

2   Equality Act 2010, 1 October 2010, 

http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf.  

3   Employment Rights Act 1996, 1 August 1996, https://www.legislation.gov.uk/ukpga/1996/18.  
4   Maternity and Parental Leave etc. Regulations 1999, 15 December 1999, 

http://www.legislation.gov.uk/uksi/1999/3312/contents/made.  

5   The Sex Discrimination (Northern Ireland) Order 1976, 

https://www.legislation.gov.uk/nisi/1976/1042/introduction.  

6   Equal Pay Act (NI) 1970, https://www.legislation.gov.uk/apni/1970/32/contents.  

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Country report – Gender equality – United Kingdom – 2025 

- 

- 

- 

- 

The Employment Rights (Northern Ireland) Order 1996;7 

The  Maternity  and  Parental  Leave  etc.  (Northern  Ireland)  Regulations  1999. 8 
Implements Council Directive 92/85/EEC of 19 October 1992 on the introduction of 
measures to encourage improvements in the safety and health at work of pregnant 
workers and workers who have recently given birth or are breastfeeding; 

In relation to Directive 79/7, relevant provisions of social security law are found in 
very many individual pieces of primary and secondary legislation. To the extent that 
social  security  is  recognised  as  pertaining  to  ‘goods,  facilities  or  services’  the 
SD(NI)O (Article 30) will also regulate sex discrimination, though it will not trump 
primary legislative provisions to the contrary; and 

Article 8  of  Directive 2010/41  was  implemented  by  the  Social  Security  (Maternity 
Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 
(Northern Ireland) 2014 which came into effect on 1 April 2014. In other respects, 
the Government took the view that no new implementing measures were required.  

  Sources of law 

The main sources of gender equality law in the UK are international treaties (Convention 
on  the  Elimination  of  All  Forms  of  Discrimination  against  Women  1979  (CEDAW)),  ILO 
Convention 100 on equal pay, ILO Convention 111 on discrimination in employment and 
occupation, retained EU law, national legislation and case law.  

There is a single Equality and Human Rights Commission (EHRC) in GB, which can support 
complainants in legal proceedings, has enforcement powers of its own, and has powers to 
promote  and  encourage  respect  for  equality  of  opportunity  through  research,  public 
comments  and  other  methods.  There  is  a  separate  Equality  Commission  for  Northern 
Ireland,  which  has  similar  functions  (and  in  places,  greater  powers  relating  to  positive 
action)  to  those  of  the  EHRC,  while  in  Scotland  there  is  also  a  Scottish  Human  Rights 
Commission, with which the EHRC shares its human rights remit.  

  Main surveys, reports on gender equality and other issues 

The Women and Equalities Committee of the House of Commons conducts regular inquiries 
into,  and  reports  on,  matters  of  gender  equality.  Examples  of  recent  inquiries/reports 
include  Attitudes  towards  Women  and  Girls  in  Educational  Settings,  Honour-Based 
Violence,  Misogyny  in  the  Music  Industry,  Menopause  and  the  Workplace,  Women’s 
Reproductive Health Conditions, Paternity and Shared Parental Leave, and Miscarriage and 
Bereavement Leave9 

The  EHRC  (the  National  Equality  Body)  publishes  regular  research  reports  on  different 
aspects of equality and discrimination, including gender equality.10 In addition, a number 
of charities and NGOs conduct research on gender equality, including the Fawcett Society 
which regularly reports on matters including equal pay.11 

7   The Employment Rights (Northern Ireland) Order 1996, 

https://www.legislation.gov.uk/nisi/1996/1919/contents.  

8   Maternity and Parental Leave etc. (Northern Ireland) Regulations 1999, 15 December 1999, 

http://www.legislation.gov.uk/nisr/1999/471/contents/made.  

9   For all inquiries and reports see: https://committees.parliament.uk/committee/328/women-and-equalities-
committee/#:~:text=The%20Women%20and%20Equalities%20Committee%20examines%20the%20work,
also%20scrutinises%20the%20Equality%20and%20Human%20Rights%20Commission.  

10   See: https://www.equalityhumanrights.com/our-work/our-research.  
11   See: https://www.fawcettsociety.org.uk/Pages/Category/reports-and-publications?Take=36.  

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Country report – Gender equality – United Kingdom – 2025 

2 

General legal framework 

  Constitution 

2.1.1  Constitutional ban on sex discrimination 

The UK constitution is unwritten and so by definition contains no articles dealing with non-
discrimination.  

2.1.2  Other constitutional protection of equality between men and women  

The Human Rights Act 199812 partially incorporates the European Convention on Human 
Rights  (ECHR)  into  domestic  law,  and  by  so  doing  gives  Article 14  ECHR  quasi-
constitutional force: public authorities can only act contrary to that provision if required 
by primary law to do so, with a very strong interpretive obligation applying to the courts 
in  their  interpretation  of  such  legislation,  while  the  devolved  Parliaments  in  Scotland, 
Wales and  Northern Ireland may not pass legislation incompatible with the Convention, 
nor may their Governments act incompatibly with Convention rights. 

  Equal treatment legislation 

The Equality Act 2010 in Great Britain and the Sex Discrimination (Northern Ireland) Order 
1976  in  Northern  Ireland  prohibit  sex  discrimination.  This  legislation  also  regulates 
discrimination on grounds of gender reassignment, pregnancy and maternity, married and 
civil partner status, age, disability, race, religion/belief and sexual orientation. 

12   Human Rights Act 1998, 9 November 1998, https://www.legislation.gov.uk/ukpga/1998/42/contents.  

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Country report – Gender equality – United Kingdom – 2025 

3 

Implementation of central concepts13 

  Sex/gender/transgender 

3.1.1  Definition of ‘gender’ and ‘sex’ 

No  specific  definition  is  provided  in  the  legislation.  In  GB,  however,  Section 11  of  the 
Equality Act 2010 (EqA) provides that: ‘In relation to the protected characteristic of sex— 
(a) a reference to a person who has a particular protected characteristic is a reference to 
a man or to a woman; (b) a reference to persons who share a protected characteristic is 
a reference to persons of the same sex’. In NI the SD(NI)O does not define gender/sex, 
instead prohibiting discrimination against men, women, etc. 

The EqA is silent on whether sex includes legal sex. The EHRC14 believes that it does and 
this appeared to be confirmed by the Inner House of the Court of Session in For Women 
Scotland  v  The  Scottish  Ministers  [2023]  CSIH  37.  An  appeal  against  this  decision  was 
heard in the Supreme Court in November 2024 but no judgment has yet been issued. The 
Equality and Human Rights Commission has recommended that the Government consider 
amending the Equality Act 2010 to define sex as biological sex. 15 The current Government 
has not so far signalled any intention to do so. 

3.1.2  Protection of transgender, intersex and non-binary persons  

In GB, Section 7 EqA provides that ‘(1) A person has the protected characteristic of gender 
reassignment  if  the  person  is  proposing  to  undergo,  is  undergoing  or  has  undergone  a 
process (or part of a process) for the purpose of reassigning the person’s sex by changing 
physiological or other attributes of sex’, that ‘(2) A reference to a transsexual person is a 
reference to a person who has the protected characteristic of gender reassignment’, and 
that ‘(3) In relation to the protected characteristic of gender reassignment—(a) a reference 
to a person who has a particular protected characteristic is a reference to a transsexual 
person; (b) a reference to persons who share a protected characteristic is a reference to 
transsexual persons’. It is also noteworthy that Section 16(2)(a) of the Equality Act 2010 
expressly provides that treating transsexual workers less favourably for being absent from 
work  because  of  gender  reassignment  than  they  would  be  treated  if  they  were  absent 
because of illness or injury constitutes discrimination. It is also discrimination if they are 
treated  less  favourably  than  they  would  be  if  absent  for  some  other  reason  where  that 
treatment is unreasonable (Section 16(2)(b)). In NI the SD(NI)O makes materially similar 
provisions (Articles 2 and 4A). 

In Souza v Primark Stores (2017)16 the claimant was subjected to harassment and direct 
discrimination related to gender reassignment. Incidents, over a period of time by various 
members  of  staff,  that  led  to  the  finding  include  –  outing  the  claimant;  calling  her 
‘Alexander/Alexandra’ and laughing at her; spraying scent near the claimant and saying ‘I 
can  smell  urine,  like  a  men’s  toilet’;  telling  the  electrician  that  he  could  come  into  the 
ladies  staff toilets as ‘there are no ladies in there’, when she knew the claimant  was in 
there; saying in front of customers, ‘She is evil’; failing to properly investigate the matter 

13   See Burri, S. (2018), EU gender equality law – update 2018, European network of legal experts in gender 
equality and non-discrimination, available at: https://www.equalitylaw.eu/downloads/4767-eu-gender-
equality-law-update-2018-pdf-444-kb.  

14   See: https://www.equalityhumanrights.com/media-centre/news/statement-following-lady-haldanes-

opinion-petition-women-scotland-ltd-judicial?return-
url=https%3A%2F%2Fwww.equalityhumanrights.com%2Fsearch%3Fkeys%3DStatement%2Bfollowing%2B
Lady%2BHaldane%2527s%2Bopinion%2Bon%2Bthe%2Bpetition%2Bof%2BFor%2BWomen%2BScotland%
2BLtd%2Bfor%2Bjudicial%2Breview. 

15   Equality and Human Rights Commission (2023),available at: https://www.equalityhumanrights.com/media-

centre/news/clarifying-definition-sex-equality-act. 

16   Employment Tribunal, Case No: 2206063/2017, 22 December 2017. Available at: 

https://assets.publishing.service.gov.uk/media/5a7aed66ed915d670dd7f91e/Miss_A_de_Souza_E_Souza_v
_Primark_Strores_Ltd_-_2206063-2017_-_Final.pdf.  

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Country report – Gender equality – United Kingdom – 2025 

and deal with it appropriately, in particular by the failure to give the claimant the outcome 
of  her  grievance  or  advise  her  of  the  right  of  appeal.  The  claimant  was  awarded  over 
EUR 52 510 (GBP 47 000) (including EUR 27 930 (GBP 25 000) for injury to feelings). The 
tribunal recommended that the employer consult a specialist organisation regarding the 
formulation  of  a  written  policy  on  dealing  with  transgender  staff,  which  should  cover 
confidentiality of sensitive data, and that it amend its training materials, existing equality 
and harassment policies and grievance procedures to reflect that policy. 

Table 1: Protection of transgender, intersex and non-binary persons 

Are gender identity/transgender 
status/intersex status/sex 
characteristic etc. specific grounds of 
prohibited discrimination?  

Is discrimination against 
transgender, intersex and non-
binary persons forbidden on the 
basis of the existing prohibition on 
sex discrimination?  

Gender reassignment is a specific ground 
of discrimination. 

No. 

3.1.3  Specific requirements 

In order to be protected from discrimination on grounds of gender reassignment there is 
no requirement for any physical intervention or gender reassignment surgery, or for the 
claimant to have changed legal sex.  

  Direct sex discrimination 

3.2.1  Explicit prohibition  

Section 13  EqA  defines  direct  discrimination  as  less  favourable  treatment  ‘because  of  a 
protected  characteristic’.  Section 23  EqA  imposes  an  explicitly  comparative  approach 
except in the case of pregnancy (where the requirement is for unfavourable rather than 
less  favourable  treatment).  Hypothetical  comparators  are  permitted  (as  Section 13 
provides that ‘A must treat B less favourably than A treats or would treat others.’) 

The SD(NI)O (Article 3) defines direct discrimination as less favourable treatment ‘on the 
ground of the complainant’s sex’. Article 7 is in materially similar terms to Section 23 EqA 
(above). 

The  author  believes  that  the  EqA’s  definition  complies  with  the  EU  definition.  The 
SD(NI)O’s  definition  might  not  comply,  since  it  requires  that  the  discrimination  is  on 
grounds  of  the  complainant’s  sex.  Defining  direct  discrimination  in  this  way  is  arguably 
problematic, since the ruling in Coleman v Attridge Law 17 made clear that the wording of 
the  definition  of  direct  sex  discrimination  under  the  Framework  Directive encompasses 
associative discrimination. Under the NI definition, protection appears to be restricted to 
those holding the characteristic. This somewhat undermines the sense that the definition 
ought to be broad enough to cover situations where the less favourable treatment is due 
to the victim’s association with someone who has that characteristic.  

3.2.2  General discrimination 

Under  the  Equality  Act  2006,  S24A,  the  EHRC  is  able  to  take  action  where  the 
discrimination  amounts  to  the  making  of  arrangements  which  would  amount  to  direct 
discrimination  were  they  to  be  applied  to  an  individual,  and  it  can  use  its  general 

17   CJEU (ECJ), C-303/06, Coleman v Attridge Law and Steve Law, 17 July 2008. 

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Country report – Gender equality – United Kingdom – 2025 

enforcement powers in relation to unlawful (direct or indirect) discrimination whether or 
not it knows or suspects that an individual has been affected by the discrimination.  

Individuals  are  not  able  to  bring  claims  in  relation  to  general  discrimination,  such  as 
discriminatory advertisements, where they have not been affected by it.18 Individuals can, 
however,  complain  to  the  EHRC  in  respect  of  general  discrimination  including 
discriminatory advertisements. 

3.2.3  Specific difficulties 

The  only  significant  difficulties  are  in  Northern  Ireland  where  the  legislation  does  not 
appear to cover discrimination by association; and where it does not make clear that no 
comparator is required for pregnancy discrimination. 

  Indirect sex discrimination19 

3.3.1  Explicit prohibition 

In GB, Section 19 EqA defines indirect discrimination as the application to the claimant of 
a  provision,  criterion  or  practice  which  is  also  applied  to  others  but  which  places  the 
claimant,  and  places  or  would  place  others  with  whom  she  or  he  shares  a  protected 
characteristic (here sex), at a particular disadvantage by comparison with those who do 
not share the characteristic, and which cannot be shown to be a proportionate means of 
achieving a legitimate aim. The SD(NI)O Section 3A makes materially similar provisions. 
In the view of the author, this complies with the definition of indirect sex discrimination in 
the Recast Directive in all respects other than the test for justification, where there is no 
specific requirement of necessity. Whereas the courts will sometimes incorporate the test 
of necessity into their approach to determining proportionality, this is not consistently the 
case. The Equality Act 2010 (Amendment) Regulations 2023 have amended the definition 
of ‘indirect discrimination’ in the Equality Act to include protection for those who experience 
the same disadvantage as those who share a protected characteristic, caused by a policy, 
criterion or practice, but who do not themselves share that characteristic. These provisions 
came into effect on 1 January 2024.20 

3.3.2  Statistical evidence 

In  the  UK,  statistical  evidence  in  order  to  establish  indirect  discrimination  is  used  in 
practice (though indirect discrimination may be proved without such evidence: see Homer 
v Chief Constable of West Yorkshire Police and West Yorkshire Police Authority).21 The use 
of  statistical  evidence  is  common,  especially  in  race  and  gender  cases,  where  its  utility 
may be greatest. There are no real obstacles to the use of statistical evidence in the courts, 
if the evidence is probative and relevant: the influence of European sex discrimination law 
is  strong  here,  as  is  experience  from  the  USA  and  Commonwealth  countries.  However, 
there may of course be circumstances where lawyers or applicants face difficulty in finding 
relevant statistical evidence. In London Underground Ltd v Edwards (No. 2), for example, 
a female underground train driver was able to establish a prima facie case of indirect sex 
discrimination on the basis of statistics (100 % of the male drivers could comply with a 

18   Berry v Recruitment Revolution [2010] UKEAT0910/10/LA. 
19   See for more information Mulder, J. (2021) Indirect sex discrimination in employment European network of 

legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5362-indirect-discrimination-in-employment-pdf-1-434-kb.  

20   Equality Act 2010 (Amendment) Regulations 2023, Regulation 3. 
21   Supreme Court, [2012] UKSC 15, 25 April 2012, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2010-0102-judgment.pdf.  

11 

 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

new work roster but only about 95 % of the female drivers – themselves a tiny proportion 
of the whole).22 

3.3.3  Application of the objective justification test 

In Homer v Chief Constable of West Yorkshire Police and West Yorkshire Police Authority 23 
the Supreme Court adopted the test in Bilka-Kaufhaus although Lady Hale expressed the 
test in terms of reasonable necessity. 

The approach of the lower courts is variable. A study of indirect discrimination cases in the 
Employment Appeal Tribunal (EAT) between 1992 and 2015 has found that ‘in most cases 
the  Employment  Tribunal  and  Employment  Appeal  Tribunal  do  not  apply  a  strict  test  of 
necessity in relation to justification.’24 Nor, typically, is this approach compensated by a 
more robust weighing of discriminatory impact in the proportionality analysis. 

3.3.4  Specific difficulties 

There has been some general discussion in the context of other protected characteristics 
(but the principle applies to indirect sex discrimination cases too) around the burden on 
the claimant to prove why a particular provision, criterion or practice (PCP) puts them or 
would put them at a particular disadvantage.  In 2017 the Supreme  Court in Essop and 
others v Home Office (UK Border Agency); Naeem v Secretary of State for Justice (2017) 
ICR 640 overruled a decision at the Court of Appeal and held that there is no requirement 
for a claimant to prove the reason why a PCP puts or would put a group that shares his or 
her  protected  characteristic  at  a  particular  disadvantage.  So  long  as  there  is  a  causal 
connection between the PCP and the disadvantage suffered, both by the group and the 
individual, the claim is established subject to the objective justification defence.  

  Multiple discrimination and intersectional discrimination25 

3.4.1  Definition and explicit prohibition 

In  the  UK  prohibition  of  multiple  discrimination  requires  judicial  interpretation.  Express 
provision was originally made in the EqA, which provides (Section 14) for the recognition 
of ‘dual discrimination’ in cases (involving direct discrimination alone) where ‘because of 
a combination of two relevant protected characteristics, A treats B less favourably than A 
treats or would treat a person who does not share either of those characteristics’. However, 
this provision has not come into force, and there is no similar provision in the SD(NI)O. 
The Labour Government had indicated in its election manifesto that it would bring Section 
14 into force, but has not taken any steps to do so since coming into power. 

3.4.2  Case law and judicial recognition  

There is some recognition of multiple discrimination in the case law. In Ministry of Defence 
v Debique the EAT upheld a tribunal decision that the claimant, a single mother who had 
originally been recruited to the British Army from St Vincent and the Grenadines, had been 
subject to indirect discrimination on grounds of her combined sex and race (which meant 

22   Employment Appeal Tribunal, London Underground Ltd v Edwards (No. 2) [1995] IRLR 355 and England 

and Wales Court of Appeal, London Underground Ltd v Edwards (No. 2) [1998] IRLR 364, [1999] ICR 494, 
https://www.bailii.org/ew/cases/EWCA/Civ/1998/876.html.  

21   United Kingdom, Supreme Court, [2012] UKSC 15, 25 April 2012, available at: 
https://www.supremecourt.uk/cases/docs/uksc-2010-0102-judgment.pdf.  

24   Lane, J. and Ingleby, R. (2018) ‘Indirect Discrimination, Justification and Proportionality: Are UK Claimants 

at a Disadvantage?’ Industrial Law Journal 47(4) 531-552. 

25   See for more information Fredman, S. (2016), Intersectional discrimination in EU gender equality and non-
discrimination law, European network of legal experts in gender equality and non-discrimination, available 
at https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-
non-discrimination-law-pdf-731-kb.  

12 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

that she was particularly disadvantaged by a requirement to be available for work 24 hours 
a day 7 days a week).26 The EAT ruled that  

‘the  nature  of  discrimination  is  such  that  it  cannot  always  be  sensibly 
compartmentalised  into  discrete  categories.  Whilst  some  complainants  will  raise 
issues relating to only one or other of the prohibited grounds, attempts to view others 
as  raising  only  one  form  of  discrimination  for  consideration  will  result  in  an 
inadequate understanding and assessment of the complainant’s true disadvantage.’  

There is no record of the combined nature of the discrimination having any impact on the 
level  of  the  EUR 18 333  (GBP 15 000)  damages  awarded  to  the  claimant  in  Ministry  of 
Defence v Debique in respect of injury to her feelings.27 

The possibility of multiple discrimination was also raised – and the feasibility / lawfulness 
of raising it was accepted – in O’Reilly v British Broadcasting Corporation and another28 in 
which a female presenter over 40, who was dropped from a popular television show when 
it moved to a prime-time slot, argued that she was discriminated against because she was 
an older woman. In Hewage v Grampian Health Board the Supreme Court accepted that a 
tribunal  had  been  entitled  to  find  that  the  claimant  had  been  discriminated  against  on 
grounds  of  sex  and  race.  The  Supreme  Court  did  not  take  issue  with  the  fact  that  the 
claimant argued both race and sex discrimination, and that the tribunal did not identify 
separate facts to support findings of race discrimination and sex discrimination.29  

  Positive action 30 

3.5.1  Definition and explicit prohibition 

In GB the EqA provides quite broad provisions permitting the taking of any proportionate 
positive action where a person  

‘reasonably  thinks  that—  (a)  persons  who  share  a  protected  characteristic  (this 
includes sex) suffer a disadvantage connected to the characteristic, (b) persons who 
share  a  protected  characteristic  have  needs  that  are  different  from  the  needs  of 
persons who do not share it, or (c) participation in an activity by persons who share 
a protected characteristic is disproportionately low’ (Section 158).  

Where employment is concerned, Section 159 allows more favourable treatment of those 
from  a  disadvantaged  or  under-represented  group  as  regards  recruitment  or  promotion 
where  (but  only  where)  the  person  appointed/promoted  is  as  qualified  as  others  over 
whom s/he is preferred. This, in the author’s opinion, complies with relevant CJEU rulings.  

The  EqA  also  makes  provision  (Section 104)  for  positive  action  in  the  selection  of 
candidates for election. Those provisions are intended to enable parties in GB to take a 
wider range of positive action measures in relation to matters regarding their constitution, 
organisation and administration. Women-only shortlists for elections are lawful. 

26   Employment Appeal Tribunal, Ministry of Defence v Debique [2010] IRLR 471. 
27   Employment Appeal Tribunal, Debique v Ministry Of Defence (Sex Discrimination : Other losses) [2011] 

UKEAT 0075_11_1509 (15 September 2011) (bailii.org).  

28   Employment Tribunal, O’Reilly v British Broadcasting Corporation and another, 11 January 2011 
(2200423/10), available at: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed7575.  

29   Supreme Court, Hewage v Grampian Health Board UKSC 37, 25 July 2012, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2011-0050-judgment.pdf.  

30   See for more information McCrudden, C. (2019), Gender-based positive action in employment in Europe. A 
comparative analysis of legal and policy approaches in the EU and EEA, 2019, European network of legal 
experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5008-gender-based-positive-action-in-employment-in-europe-pdf-
1-9-mb.  

13 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

In NI, as in GB, some limited training and encouragement measures are permitted in the 
employment  context  in  relation  to  sex  (Articles 48-50  SD(NI)O),  largely  in  the  form  of 
targeted training and encouragement to apply.  

In the author’s view the legislation throughout Great Britain and Northern Ireland complies 
with EU law. 

3.5.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

No explicit consideration as far as the author is aware. 

3.5.3  Specific difficulties  

There are no specific difficulties in the UK except that research suggests employers may 
lack confidence in utilising the positive action provisions because of a lack of clarity and a 
concern about acting illegally.31 

3.5.4  Measures to improve the gender balance on company boards32 

The  UK  has  not  adopted  legislation  imposing  quotas  on  board  membership  or  making 
special provision permitting positive action in this area, preferring instead to adopt soft 
targets for improving representation. As at February 2024 women occupied 42 % of board 
positions  in  FTSE  350  companies,  although  predominantly  in  non-executive  rather  than 
executive roles.33 

3.5.5  Positive action measures to improve the gender balance in other areas  

UK legislation allows various measures to improve the participation of women in political 
life,  including  all-women  shortlists  for  parliamentary  seats  and  seats  in  the  devolved 
Parliaments/Assemblies.  In  addition,  the  broad  public  sector  equality  duty  (Equality  Act 
2010 Section 149), in force since 2011, states that those subject to it must, in the exercise 
of  their  functions,  have  due  regard  to,  among  other  things,  advancing  equality  of 
opportunity. The legislation explains how this includes encouraging people from protected 
groups  to  participate  in  public  life  or  in  other  activities  where  their  participation  is 
disproportionately low.  

  Harassment and sexual harassment 

3.6.1  Definition and explicit prohibition of harassment 

In the UK, harassment is defined (so far as relevant) as unwanted conduct related to a 
relevant protected characteristic (including sex) the purpose or effect of which is to violate 
the  claimant’s  dignity,  or  create  an  intimidating,  hostile,  degrading,  humiliating  or 
offensive environment for him or her.34 Section 26(4) EqA, which applies in GB, further 
provides  that,  in  deciding  whether  conduct  has  the  effect  of  creating  an  intimidating, 

31   Davies, C. (2019) Exploring positive action as a tool to address under-representation in apprenticeships 

(EHRC Research Report 123). 

32   See for more information Senden, L. and Kruisinga, S., (2018) Gender-balanced company boards in Europe. 
A comparative analysis of the regulatory, policy and enforcement approaches in the EU and EEA Member 
States, available at: https://www.equalitylaw.eu/downloads/4537-gender-balanced-company-boards-in-
europe-pdf-1-68-mb.  

33   FTSE Women Leaders Review Achieving Gender Balance (February 2023) available at: 

https://ftsewomenleaders.com/wp-content/uploads/2024/04/ftse-women-leaders-report-final-april-
2024.pdf. 

34   Equality Act 2010, 1 October 2010, Section 26, available at: 

http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf.  

14 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

hostile, degrading, humiliating or  offensive environment for the  claimant, account must 
be taken of: 

- 
- 
- 

the perception of the claimant;  
the other circumstances of the case; and 
whether it is reasonable for the conduct to have that effect. 

A  similar  definition  of  harassment  applies  in  NI  under  the  SD(NI)O  (Article 6A).  The 
definition complies with that in Article 2(1)(c) of Directive 2006/54. 

3.6.2  Scope of the prohibition of harassment 

The  prohibition  applies  to  employment;  education;  housing;  the  provision  of  goods, 
facilities and services; and the delivery of public functions. 

3.6.3  Definition and explicit prohibition of sexual harassment 

In GB Section 26 EqA provides that harassment also occurs where (1) a person engages 
in ‘unwanted conduct of a sexual nature’ the purpose or effect of which is to violate the 
claimant’s dignity, or create an intimidating, hostile, degrading, humiliating or offensive 
environment  for  him  or  her  or  (2)  a  person  engages  in  such  conduct  ‘that  is  related  to 
gender reassignment or sex’, with such purpose or effect, and ‘because of [the claimant’s] 
rejection  of  or  submission  to  the  conduct,  [the  harasser]  treats  [the  claimant]  less 
favourably  than  [he  or  she  would  have  done]  if  [the  claimant]  had  not  rejected  or 
submitted  to  the  conduct’.  A  similar  definition  of  harassment  applies  in  NI  under  the 
SD(NI)O  (Article 6A).  The  definition  is  consistent  with  that  in  Article 2(1)(c)  of 
Directive 2006/54. 

3.6.4  Scope of the prohibition of sexual harassment 

The  prohibition  applies  to  employment;  education;  housing;  the  provision  of  goods, 
facilities and services; and the delivery of public functions. 

3.6.5  Understanding of (sexual) harassment as discrimination 

It is not defined explicitly in these terms, but in general the treatment of harassment and 
sexual harassment and the enforcement of available remedies in the UK are the same as 
for sex discrimination. 

3.6.6  Specific difficulties  

The Women and Equalities Committee of the House of Commons conducted an inquiry into 
sexual harassment in the workplace in 2018.35 This highlighted a number of difficulties in 
relation to sexual harassment in the workplace, including:  

- 

A lack of incentive for employers and regulators to take robust action to tackle and 
prevent sexual harassment in the workplace: the absence of comprehensive action 
by employers and/or of a stringent regulatory regime is viewed as problematic; and 
the fact that the burden on holding harassers/employers to account rests heavily on 
the individual. These concerns have been addressed to an extent by the provisions 
of The Worker Protection (Amendment of Equality Act 2010) Act 2023 which came 
into  force  in  2024.  The  Act  introduces  a  statutory  duty  on  employers  to  take 
reasonable steps to prevent sexual harassment of employees in the workplace (new 

35   House of Commons Women and Equalities Committee (2018), Sexual harassment in the workplace, at: 

https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/725/725.pdf. See also Equality and 
Human Rights Commission (2018), Turning the Tables: Ending Sexual Harassment at Work at: 
https://www.equalityhumanrights.com/sites/default/files/ending-sexual-harassment-at-work.pdf.  

15 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

Section 40A.)  Under  the  current  Employment  Rights  Bill,  this  would  be  further 
amended to require employers to take all reasonable steps.36 Under Section 109 of 
the Equality Act 2010, it was already the case that employers can avoid liability for 
individual  claims  of  sexual  harassment,  perpetrated  against  one  employee  by 
another in the course of their employment, only if they can show that they took all 
reasonable  steps  to  prevent  it.  However,  the  addition  of  this  new  statutory  duty 
strengthens protection from sexual harassment in two important respects: 

• 

• 

the  new  statutory  duty  is  enforceable  by  the  Equality  and  Human  Rights 
Commission; and  
employment tribunals will now have the power to uplift compensation by 25 % 
for individual litigants who are successful in claims of sexual harassment in the 
employment  tribunal,  where  employers  have  failed  to  comply  with  the  new 
statutory duty.  

- 

The  Women  and  Equalities  Committee  2018  Report  also  found  that  some  non-
disclosure agreements (NDAs) are being used unfairly by some employers (and some 
members of the legal profession) to silence victims of sexual harassment. They can 
form  part  of  employment  contracts  and  settlement  agreements.  Examples  include 
concerns  about  their  broad  use  in  the  entertainment  industry  which  prevented 
workers revealing unacceptable behaviour in a casting session or on set ‘creating a 
“culture of fear and intimidation”’.37 The main concern raised was regarding the risks 
of  unethical  use  of  NDAs,  which  barristers  who  provided  evidence  for  the  inquiry 
summarised  ‘as  being  that  individuals  will  not  report  serious  wrongdoing  to  the 
police; will feel compelled not to assist with relevant law enforcement investigations 
or prosecutions; and will feel unable to speak openly and in the public interest about 
serious wrongdoing, thus inhibiting public awareness and debate.’ 38 

There is currently no protection under the Equality Act from third party harassment. The 
Employment  Rights  Bill  includes  provisions  which,  if  enacted,  will  reintroduce  employer 
liability for third-party harassment through the creation of a statutory duty on an employer 
not to permit a third party to harass an employee and a positive duty to take all reasonable 
steps to prevent it.39 If the Bill is enacted, these provisions will come into effect no earlier 
than 2026. 

  Instruction to discriminate 

3.7.1  Explicit prohibition 

In the UK instruction to discriminate is prohibited in national law. Instruction is not defined. 
Section 111  EqA,  which  applies  in  GB,  prohibits  the  causing  or  inducement  of 
discrimination as well as the issue of instructions to discriminate. The following example 
is given in the Explanatory Notes:  

‘A GP  instructs  his  receptionist  not  to  register  anyone  with  an  Asian  name.  The 
receptionist would have a claim against the GP if subjected to a detriment for not 
doing so. A potential patient would also have a claim against the GP if she discovered 
the instruction had been given and was put off applying to register. The receptionist’s 
claim against the GP would be brought before the employment tribunal as it relates 

36   See: https://bills.parliament.uk/bills/3737/publications. 
37   House of Commons Women and Equalities Committee (2018), Sexual harassment in the workplace, p. 37, 

at: https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/725/725.pdf.  

38   House of Commons Women and Equalities Committee (2018), Sexual harassment in the workplace, p. 38, 

at: https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/725/725.pdf.  

39   See: https://bills.parliament.uk/bills/3737/publications. 

16 

 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

to employment, while the potential patient’s claim would be brought in the county 
court as it relates to services.’ 40  

The SD(NI)O expressly prohibits instruction and pressure to discriminate (Articles 40 and 
41). 

3.7.2  Specific difficulties 

No specific difficulties. 

  Other forms of discrimination 

Section 13 EqA, which defines direct discrimination in GB, refers to discrimination ‘because 
of’ a protected characteristic, which is accepted as being sufficiently wide to encompass 
discrimination  based  on  association  with  persons  with  particular  characteristics.  The 
Equality Act 2010 (Amendment) Regulations 2023 have amended the definition of indirect 
discrimination in the Equality Act to include protection for those who experience the same 
disadvantage as those who share a protected characteristic, caused by a policy, criterion 
or  practice,  but  who  do  not  themselves  share  that  characteristic.  These  provisions  will 
come into effect on 1 January 2024.41 

In NI the definition of direct discrimination in the SD(NI)O (Article 3) of less favourable 
treatment on the ground of the claimant’s sex does not, on the face of it, appear to extend 
to  discrimination  based  on  association  with  persons  with  particular  characteristics; 
however, the Northern Irish courts are virtually certain to follow the approach of the EAT 
in EBR Attridge Law LLP & Another v Coleman (No. 2)42 and interpret the relevant provision 
to cover discrimination by association and assumed discrimination. 

There  is  no  legislation  which  explicitly  covers  algorithmic  discrimination  (in  relation  to 
gender  or  other  protected  characteristics)  although  many  forms  of  algorithmic 
discrimination are likely to be covered by the general non-discrimination provisions of the 
Equality Act 2010. There has been limited case law on algorithmic discrimination to date. 
The most significant is probably the recent Court of Appeal decision in R (Bridges) v South 
Wales Police [2020] EWCA Civ 1058. This concerned a challenge to the use of automatic 
facial recognition technology by the South Wales Police (SWP). The Court of Appeal held 
that, in addition to breaches of Article 8 ECHR and of data protection laws, the SWP were 
in breach of their Public Sector Equality Duty under the Equality Act 2010 because they 
had  failed  to  have  ‘due  regard’  to  the  risk  that  the  use  of  the  technology  may  prove 
indirectly discriminatory. (Expert evidence has suggested that the system was more likely 
to generate false positives (mistaken positive identification) for women and for minority 
ethnic groups.)  

  Evaluation of implementation 

In  the  author’s  view  the  majority  of  the  legislation  complies  with  EU  law.  In  relation  to 
pregnancy discrimination provisions in  Northern Ireland, it is unclear  whether Article 5a 
SD(NI)O  complies  with  Article 2(2)(c)  of  Directive 2006/54,  because  less  favourable 
treatment, by its very nature, can only be established by making a comparison to someone 
in a similar situation and this has long been deemed unnecessary in relation to pregnancy-
related discrimination.  

40   Equality Act 2010, Explanatory Notes, para. 367. See: 

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/8/4.  

41   Equality Act 2010 (Amendment) Regulations 2023, Regulation 3. 
42   Employment Appeal Tribunal, UKEAT/0071/09, 30 October 2009, ([2010] IRLR 10), 

http://www.bailii.org/uk/cases/UKEAT/2009/0071_09_3010.html.  

17 

 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

 Remaining issues 

None. 

18 

 
 
 
Country report – Gender equality – United Kingdom – 2025 

4 

Equal  pay  and  equal  treatment  at  work  (Article 157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54) 43 

  General (legal) context 

4.1.1  Political and societal debate and pending legislative proposals 

The current Employment Rights Bill, likely to become law in 2025, includes provisions to 
strengthen  the  duty  on  employers  to  take  steps  to  prevent  sexual  harassment  and 
reintroduces protection from harassment by a third party. The Bill, if enacted, would also 
include powers to require employers with 250 or more employees to produce action plans 
to  address  gender  pay  gaps,  including  plans  to  support  employees  going  through 
menopause.44 The Government had indicated in its election manifesto that it would bring 
Section 14 into force, but has not taken any steps to do so since coming into power.  

Much recent political and societal debate has been  focussed  on the interaction between 
the  Equality  Act  2010  and  the  Gender  Recognition  Act  2004  and  the  implications  for 
protection from discrimination in the workplace and beyond. 

  Equal pay 

4.2.1  Implementation in national law 

In GB the EqA provides a right to equal pay for equal work, the latter being defined by 
Section 65(1)(c) EqA to include work of equal value. In NI the Equal Pay (Northern Ireland) 
Act 1970 (EqP(NI)A)45 makes materially similar provision (Section 1). 

4.2.2  Definition in national law 

The concept of pay is not defined in national legislation.  

The  Equality  Act  2010  (Section 83(2)(a))  defines  employment  for  the  purposes  of  its 
provisions on work, including equal pay, as ‘employment under a contract of employment, 
a contract of apprenticeship or a contract personally to do work’.  

Agency workers are included within the scope of protection from pay discrimination under 
Section 41. There is no separate definition of ‘worker’ but rather a broader definition of 
employment than found in other statutes. 

4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

National legislation does not explicitly implement Article 4. The EqA and, in NI, EqP(NI)A, 
provide a right to equal pay for equal work subject to the employer being able to show 
that the difference in pay is genuinely due to a material factor which is not the difference 
in  sex  (Section 69  EqA,  Section 1  Equal  Pay  (NI)  Act  1970).  A  factor  will  be  ‘not  the 

43   See on equal pay Burri, S. (2019), National Cases and Good Practices on Equal Pay, European network of 

legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/publications/thematic-reports.  
See also Foubert, P. (2017), The enforcement of the principle of equal pay for equal work or work of equal 
value: A legal analysis of the situation in the EU Member States, Iceland, Liechtenstein and Norway, 
European network of legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/4466-the-enforcement-of-the-principle-of-equal-pay-for-equal-
work-or-work-of-equal-value-pdf-840-kb.  
See on the issue of pay transparency: Veldman, A. (2017), Pay transparency in the EU. A legal analysis of 
the situation in the EU Member States, Iceland, Liechtenstein and Norway, European network of legal 
experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/4073-pay-transparency-in-the-eu-pdf-693-kb.  

44   See: https://bills.parliament.uk/bills/3737/publications. 
45   Equal Pay (Northern Ireland) Act 1970. (EqP(NI)A), https://www.legislation.gov.uk/apni/1970/32/contents.  

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

difference  in  sex’  if  it  is  not  directly  discriminatory  and,  if  it  is  a  factor  which  impacts 
disparately on women and men, it is nevertheless justifiable for the employer to rely on it 
to determine pay.  

In NI the only challenge to sex discrimination in pay is through this mechanism (i.e. only 
women  who  are  being  paid  less  than  men  doing  equal  work  (‘like’  work,  work  rated  as 
equivalent by the employer, or work of equal value) can challenge pay discrimination). In 
GB the EqA provides, in addition, that women can challenge direct pay discrimination even 
in the absence of a real male comparator doing equal work (Section 71 EqA). 

4.2.4  Related case law 

In Asda Stores Ltd v Brierley and others [2021] UKSC 10 the Supreme Court upheld the 
decision of the Court of Appeal that the claimants – female supermarket workers – had 
satisfied  the  test  under  Section 79(4)  of  the  Equality  Act  2010  which  provides  that  a 
comparator  working  at  a  different  establishment  may  be  used  where  ‘common  terms’ 
apply.  They  were  therefore  entitled  to  compare  themselves  with  the  distribution  centre 
workers. ‘Common terms’ is not defined in the legislation and this was the first case where 
the relevant terms were not governed by collective agreements. The judgment offers some 
important  guidance  on  the  application  of  the  Section 79(4)  test  in  future  cases.  In 
particular the Court stressed that the common terms requirement is only a threshold test 
with limited function. It is to be used to ‘weed out’ cases where comparators cannot be 
used  because  of  differences  based  on  ‘geographical  factors,  and  possibly  also  historical 
factors’ and ‘cases where the threshold test cannot be met are likely to be exceptional’ (at 
paragraph 62). 

In K and others v Tesco Stores Ltd (C-624/19) the CJEU confirmed that the ‘single source’ 
test in respect of comparators could be relied on in the context of claims for work of equal 
value. The Employment Tribunal had referred the claim to the CJEU because the parties 
were in dispute about whether Article 157 was directly effective in respect of equal value 
claims. 

The  Equality  Act  2010  (Amendment)  Regulations  2023  (which  will  come  into  force  on 
1 January  2024)  codify  a  number  of  EU-derived  discrimination  protections  not  already 
contained in legislation including the ‘single source’ test for establishing a comparator in 
an equal pay claim. 

4.2.5  Permissibility of pay differences 

A right to equal pay for equal work is subject to the employer being able to show that the 
difference in pay is genuinely due to a material factor which is not the difference in sex 
(Section 69 EqA, Section 1 Equal Pay (NI) Act 1970). A factor will be ‘not the difference in 
sex’ if it is not directly  discriminatory and, if it is a  factor which impacts disparately  on 
women and men, it is nevertheless justifiable for the employer to rely on it to determine 
pay. As Lord Nicholls in Glasgow City Council and others v Marshall46 made clear – if the 
genuine material factor (GMF) is directly or indirectly discriminatory on the grounds of sex, 
then the employer must provide an objective justification for relying on it. 

4.2.6  Requirement for comparators 

In NI a real comparator is required. In GB a hypothetical comparator may be relied upon 
but only where direct discrimination is concerned (Section 71 EqA). 

46   House of Lords, Glasgow City Council and others v Marshall, 3 February 2000, available at: 

https://publications.parliament.uk/pa/ld199900/ldjudgmt/jd000203/glasgo.htm. 

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Country report – Gender equality – United Kingdom – 2025 

4.2.7  Existence of parameters for establishing the equal value of the work performed 

Section 65(6) EqA provides that work is of equal value if it has not been rated as equivalent 
by any job evaluation scheme carried out by or for the employer but if, nevertheless, it is 
‘equal … in terms of the demands made on [the workers] by reference to factors such as 
effort,  skill  and  decision-making’.47  In  NI,  Section 1(3)  EqP(NI)A  is  in  materially  similar 
terms. 

4.2.8  Other relevant rules or policies 

There are no further relevant rules or policies relating to the parameters for establishing 
the equal value of the work performed.  

4.2.9  Job evaluation and classification systems 

The  EHRC  provides  guidance  on  the  use  of  job  evaluation  schemes  and  outlines  the 
benefits of carrying out such evaluations.48 

4.2.10 Wage transparency49 

The  Equality  Act  2010,  Section 77,  prohibits  contractual  ‘gagging  clauses’  and  provides 
protection for employees who seek information from colleagues or who make disclosures 
in relation to pay where the information is sought or provided to establish whether there 
is pay discrimination.  

In  GB,  Section 78  of  the  Equality  Act  2010  allows  the  adoption  of  regulations  requiring 
large employers (250+) to carry out and publish equal pay audits. The Equality Act 2010 
(Gender  Pay  Gap  Information)  Regulations  201750  came  into  force  in  the  UK  on  6  April 
2017.  It  applies  to  employers  in  the  private  and  voluntary  sector  with  250  or  more 
employees on the ‘snapshot’ date of 5 April. Affected employers must now annually publish 
certain information about gender pay gaps: 

- 

- 

- 

the  difference  in  mean  and  median  hourly  rate  of  pay  for  male  and  female 
employees; 
the  difference  between  the  mean  and  median  bonuses  paid  to  male  and  female 
employees over the 12-month period ending 5 April and the proportion of male and 
female employees receiving a bonus in that period; and  
the proportions of male and female employees in each of four pay quartiles of the 
employer’s overall pay distribution.  

Employers  may  (but  are  not  obliged  to)  also  publish  a  narrative  explaining  any  pay 
gaps/disparities and any action/plans they have to address them. This is due to become a 
requirement in 2025, for employers with more than 250 employees, under the proposals 
in the Employment Rights Bill.51  

47   This is not an exhaustive list, but the legislation does not list any others. 
48   EHRC (2014) Gender Neutral Job Evaluation Schemes: an introductory guide, available at: 

https://www.equalityhumanrights.com/sites/default/files/gd.13.101-1_gender_neutral_jes-ig_18-03-
14_final.pdf.  

49   Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the 
application of the principle of equal pay for equal work or work of equal value between men and women 
through pay transparency and enforcement mechanisms (Text with EEA relevance), OJ L 132, 17.5.2023, p. 
21–44. 

50   Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, 6 April 2017, available at: 

https://www.legislation.gov.uk/uksi/2017/172/contents/made.  

51   See: https://bills.parliament.uk/bills/3737/publications. 

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Country report – Gender equality – United Kingdom – 2025 

Substantially  similar  reporting  obligations  were  imposed  on  many  large  public  sector 
employers  by  the  Equality  Act  2010  (Specific  Duties  and  Public  Authorities) 
Regulations 201752 SI 2017/353, which came into force on 31 March 2017.  
The  legislation  is  supported  by  guidance  from  the  Advisory,  Conciliation  and  Arbitration 
Service (ACAS).53  

No civil penalties for non-compliance are currently proposed, although this was to remain 
under review,54 but failure to report is ‘an unlawful act’ and the Equality and Human Rights 
Commission (EHRC) can take enforcement action (Section 34 of the Equality Act 2006). It 
may  open  an  investigation  if  it  suspects  a  considerable  pay  gap  is  being  hidden  by 
employers. Reputational risks are also a consideration if employers fail to comply with the 
regulations: information is publicly available online55 and often attracts media attention.  

The  Employment  Act  (NI)  2016,  provides  for  the  making  of  the  gender  pay  reporting 
regulations,  but  the  relevant  sections  are  not  yet  in  force.  The  NI  Equality  Commission 
continues to call for action in this regard. Under Section 77 any term of a contract which 
prohibits  or  restricts  a  person  from  making  a  ‘relevant  pay  disclosure’  to  anyone  is 
unenforceable. 

A relevant pay disclosure is one which is about pay, and which is made to find out whether 
or to what extent there is a connection between pay and having (or not having) a protected 
characteristic.  

In addition, the Equality Act 2010 (Equal Pay Audits) Regulations 201456 provide that a 
tribunal must (subject to certain exceptions) require an employer who loses an equal pay 
claim to carry out an equal pay audit. Again, the EqP(NI)A does not contain any equivalent 
provisions. 

4.2.11 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between  men  and  women  and/or  Directive  (EU)  2023/970  of  the  European 
Parliament and of the Council of 10 May 2023 to strengthen the application of the 
principle  of  equal  pay  for  equal  work  or  work  of  equal  value  between  men  and 
women through pay transparency and enforcement mechanisms 

In  the  UK,  the  provisions  referred  to  above  in  the  Equality  Act  2010  (Gender  Pay  Gap 
Information)  Regulations  2017  and  the  EqA  (Equal  Pay  Audits)  Regulations  2014 
implement the Recommendation to some extent. In respect of gender pay gap reporting 
the  provisions  fall  short  of  the  Recommendation  in  that  they  currently  apply  only  to 
employers with at least 250 employees. In respect of pay audits, the provisions referred 
to above fall short of the Recommendation in that they will only apply to employers found 
liable for breaches of equal pay law at employment tribunal. The Recommendation has not 
been  implemented  in  respect  of  pay  information  rights  for  employees  or  in  respect  of 
collective bargaining. 

Specific powers in relation to the 2014 and 2017 Regulations were already contained in 
the Equality Act 2010 and therefore predated the Recommendation. 

52   Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017 SI 2017/353, 31 March 2017, 

available at: http://www.legislation.gov.uk/uksi/2017/353/contents/made.  

53   See: http://www.acas.org.uk/index.aspx?articleid=5768.  
54   Government Equalities Office (2016), Mandatory Gender Pay Gap Reporting: Government Consultation on 

Draft Regulations, available at: 
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/504398/GPG_consultation_
v8.pdf. The Government was due to review the Regulations after five years (i.e. in 2022) but the results of 
any review have yet to be published.  

55   See: https://gender-pay-gap.service.gov.uk/Viewing/search-results.  
56   Equality Act 2010 (Equal Pay Audits) Regulations 2014, 1 October 2014, 

https://www.legislation.gov.uk/ukdsi/2014/9780111116753.  

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4.2.12 Other measures, tools or procedures 

No other measures have been developed.  

  Access to work, working conditions and dismissal 

4.3.1  Definition of the (material) scope (Article 14(1) of Recast Directive 2006/54) 

In GB the UK national legislation applies to all sectors of private and public employment, 
self-employment  and  occupation,  including  contract  work,  self-employment,  military 
service, holding statutory office, with the exceptions listed below: 

- 

- 

UK  anti-discrimination  legislation  covers  some,  but  not  all,  forms  of  self-
employment. In Jivraj v Hashwani the Supreme Court ruled that arbitrators were not 
‘employed’  for  the  purposes  of  the  anti-discrimination  provisions57  and,  more 
significantly, that the prohibition of employment ‘under a contract personally to do 
work’ did not cover independent providers of services who were not in a relationship 
of  subordination  with  the  person  who  received  the  services.  The  extent  to  which 
domestic  law  protects  self-employed  persons  against  discrimination  is  uncertain 
following  Jivraj,  except  where  (as  in  the  case  of  contract  workers,  police  officers, 
partners in firms, barristers and advocates) such persons are expressly covered by 
the legislation; and 

certain  other  forms  of  occupation,  such  as  occupation  in  a  voluntary  capacity,  fall 
outside the anti-discrimination legislation with the effect that the material scope of 
UK  law  may  not  fully  reflect  that  of  the  directives  in  every  respect:  see  X  v  Mid-
Sussex  Citizens  Advice  Bureau,  in  which  the  Supreme  Court  ruled  that  the  wide 
definition of worker protected by UK discrimination law did not include volunteers. 58 

The relevant provisions in GB are Sections 39-83 EqA and in NI Articles 6-23 SD(NI)O.  

4.3.2  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

In GB the EqA provides (Schedule 9) for a genuine occupational qualification in relation to 
sex and gender reassignment (also married and civil partner status) in very similar terms 
to Article 14(2) (Paragraph 1). In addition, specific provision is made for discrimination by 
religious organisation (Paragraph 2). In NI the SD(NI)O provides instead (Article 10) for a 
‘genuine occupational qualification’ defence ‘only where: 

(a) 

the  essential  nature  of  the  job  calls  for  a  man  for  reasons  of  physiology 
(excluding physical strength or stamina) or, in dramatic performances or other 
entertainment, for reasons of authenticity, so that the essential nature of the 
job would be materially different if carried out by a woman; or 

(b) 

the job needs to be held by a man to preserve decency or privacy because— 

(i) 

(ii) 

it is likely to involve physical contact with men in circumstances where 
they might reasonably object to its being carried out by a woman, or 
the holder of the job is likely to do his work in circumstances where men 
might reasonably object to the presence of a woman because they are in 
a state of undress or are using sanitary facilities; or 

57   Supreme Court, [2011] UKSC 40, 27 July 2011, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2010-0170-judgment.pdf.  

58   Supreme Court, [2012] UKSC 59, 12 December 2012, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2011-0112-judgment.pdf. 
http://www.bailii.org/uk/cases/UKSC/2012/59.html.  

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Country report – Gender equality – United Kingdom – 2025 

(bb)  the job is likely to involve the holder of the job doing his work, or living, in a 
private  home  and  needs  to  be  held  by  a  man  because  objection  might 
reasonably be taken to allowing to a woman— 
(i) 

the degree of physical or social contact with a person living in the home, 
or 
the knowledge of intimate details of such a person’s life, 

(ii) 
which  is  likely,  because  of  the  nature  or  circumstances  of  the  job  or  of  the 
home, to be allowed to, or available to, the holder of the job; or…  

(c) 

the nature or location of the establishment makes it impracticable for the holder 
of the job to live elsewhere than in premises provided by the employer, and— 

(i) 

(ii) 

the only such premises which are available for persons holding that kind 
of job are lived in, or normally lived in, by men and are not equipped with 
separate sleeping accommodation for women and sanitary facilities which 
could be used by women in privacy from men, and 
it is not reasonable to expect the employer either to equip those premises 
with such accommodation and facilities or to provide other premises for 
women; or 

(d) 

the nature of the establishment, or of the part of it within which the work is 
done, requires the job to be held by a man because— 

(i) 

(ii) 

(iii) 

it is, or is part of, a hospital, prison or other establishment for persons 
requiring special supervision, attention or care, and 
those persons are all men (disregarding any woman whose presence is 
exceptional), and 
it  is  reasonable,  having  regard  to  the  essential  character  of  the 
establishment or that part, that the job should not be held by a woman; 
or 

(e) 

(g) 

the holder of the job provides individuals with personal services promoting their 
welfare or education, or similar personal services, and those services can most 
effectively be provided by a man, or 

the job needs to be held by a man because it is likely to involve the performance 
of duties outside the United Kingdom in a country whose laws or customs are 
such  that  the  duties  could  not,  or  could  not  effectively,  be  performed  by  a 
woman, or 

(h) 

the job is one of two to be held 

by a married couple, 

(i) 
(ii)  by a couple who are civil partners of each other, or 
(iii)  by a married couple or a couple who are civil partners of each other.’  

Under Article 10(4) an employer may not rely on Article 10(2)(a), (b), (c), (d), (e) or (g) 
of Paragraph (2) ‘in relation to the filling of a vacancy at a time when the employer already 
has male employees— (a) who are capable of carrying out the duties falling within that 
paragraph, and (b) whom it would be reasonable to employ on those duties, and (c) whose 
numbers  are  sufficient  to  meet  the  employer’s  likely  requirements  in  respect  of  those 
duties  without  undue  inconvenience’.  Similar  provision  is  made  as  regards  gender 
reassignment by Articles 10A and 10B. 

The  author  has  no  information  as  to  any  assessment  by  the  UK  of  the  occupational 
activities referred to in Article 14(2) (see Article 31(3) of Recast Directive 2006/54).  

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Country report – Gender equality – United Kingdom – 2025 

4.3.3  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

The  Equality  Act  2010  Section 18  protects  against  unfavourable  treatment  of  a  woman 
because of her pregnancy or because she is exercising, has exercised, or has sought to 
exercise  the  right  to  maternity  leave  (see  also  SD(NI)O  Article 5A),  which  would  cover 
non-hiring, non-renewal of a contract and/or dismissal. The Employment Rights Act 1996 
Section 99  also  provides  employees  with  a  claim  for  (automatically)  unfair  dismissal  if 
dismissed  (as  defined  under  Section 95,  which  includes  non-hiring,  non-renewal  of  a 
contract) for a reason connected to pregnancy or childbirth.  

The Protection from Redundancy (Pregnancy and Family Leave Act) 2023 came into force 
in July 2023. It extends protections from redundancy for those who are pregnant or are 
returning from maternity, adoption or shared parental leave (but not paternity leave). 59 
The  Maternity  Leave,  Adoption  Leave  and  Shared  Parental  Leave  (Amendment) 
Regulations 2024 were laid before Parliament in December 2023 and came into effect in 
April 2024. These Regulations extend the protected period, during which employees must 
be offered suitable alternative work during a redundancy situation, to 18 months after the 
birth or placement (previously this protection was only available to employees during their 
period  of  leave.)60  The  Employment  Rights  Bill  includes  powers  for  the  Government  to 
enact Regulations to strengthen protection from pregnancy dismissals, but the details of 
any such Regulations are not yet available. It is likely that they will prohibit dismissal of 
employees who have been pregnant, for six months after return to work, in all but specified 
circumstances.61  

4.3.4  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

Article 4(2) SD(NI)O provides that ‘no account shall be taken of special treatment afforded 
to  women  in  connection  with  pregnancy  or  childbirth’  where  a  man  complains  of  sex 
discrimination. In GB, Section 13(6) EqA is materially identical. 

Particular  difficulties:  Research  by  the  Equality  and  Human  Rights  Commission  in  2016 
found that more than three quarters of women (77 %) had had a negative or potentially 
discriminatory experience as a result of pregnancy or maternity, and that around one in 
nine mothers (11 %) reported they felt forced  to leave their job. 62 Additionally, a 2020 
inquiry by the Women and Equalities Committee of the House of Commons (WEC) into the 
gendered  impact  of  COVID-19  heard  evidence  from  the  EHRC  that  pregnancy  and 
maternity  discrimination  was  one  of  the  ‘most  urgent,  immediate  threats  to  equality’ 
during the pandemic. Concerns included women being placed on sick leave, being forced 
to  start  maternity  leave  early  and  being  refused  furlough  payments  because  of  their 
childcare  responsibilities.63  This  report  urged  the  Government  to  take  action  to  extend 
redundancy protection for pregnant women and those on maternity leave as a key step to 
address ongoing discrimination. The Protection from Redundancy (Pregnancy and Family 
Leave) Act received Royal Assent in 2023. 

4.3.5  Positive action measures (Article 3 of Recast Directive 2006/54)  

In GB the Equality Act 2010 provides quite broad provisions permitting the taking of any 
proportionate positive action where a person 

59   See: https://www.legislation.gov.uk/ukpga/2023/17/contents. 
60   See: https://www.legislation.gov.uk/ukdsi/2024/9780348254846. 
61   See: https://bills.parliament.uk/bills/3737/publications. 
62   See: https://www.equalityhumanrights.com/guidance/business/pregnancy-and-maternity-discrimination-

research-findings. 

25 

 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

‘reasonably  thinks  that—  (a)  persons  who  share  a  protected  characteristic  (this 
includes sex) suffer a disadvantage connected to the characteristic, (b) persons who 
share  a  protected  characteristic  have  needs  that  are  different  from  the  needs  of 
persons who do not share it, or (c) participation in an activity by persons who share 
a protected characteristic is disproportionately low’ (Section 158).  

Where employment is concerned, Section 159 allows more favourable treatment of those 
from  a  disadvantaged  or  under-represented  group  as  regards  recruitment  or  promotion 
where  (but  only  where)  the  person  appointed/promoted  is  as  qualified  as  others  over 
whom she or he is preferred.  

In NI, as in GB, some limited training and encouragement measures are permitted in the 
employment  context  in  relation  to  sex  (Articles 48-50  SD(NI)O),  largely  in  the  form  of 
targeted training and encouragement to apply.  

Although there are still few studies on this issue, recent research by the EHRC found that 
the positive action provisions are generally underused and suggested a lack of confidence 
among employers might be responsible. Moreover, as the report notes, the implications of 
the UK leaving the EU are a potential concern:  

‘While  the  positive  action  provisions  are  now  fairly  well  embedded  into  domestic 
legislation, it may be that the UK (when no longer strictly bound by the framework 
provided by EU law) could adopt a more robust or ‘radical’ approach towards positive 
action that embraces ‘equality of outcome’ through the use of preferential treatment 
(see  Manfredi,  2017).  However,  the  UK  could  choose  to  maintain  the  current 
legislative framework or, in light of employer reticence towards use of the ‘tie-break’ 
(see section 3.4), the current government may consider that section 159 should be 
re-evaluated  in  light  of  its  commitment  towards  breaking  down  unnecessary 
legislation in relation to employment’. 64 

  Evaluation of implementation 

In the author’s view the legislation is consistent with EU law. However, as it stands it would 
not yet be sufficient to implement the forthcoming Pay Transparency Directive. While the 
gender pay gap reporting provisions are good practice in that they provide an opportunity 
to annually (and publicly) identify and measure any pay gaps/disparities at source, they 
only  apply  to  employers  with  more  than  250  employees;  and  there  are  currently  no 
requirements  to  provide  average  pay  information  to  employees,  nor  to  operate  pay 
transparency for job applicants. 

  Remaining issues 

No significant remaining issues. The gendered impact of COVID-19 was explored by the 
Women  and  Equalities  Committee  in  2021;  their  report  raised  concern  that  the 
Government’s priorities for recovery were ‘heavily gendered in nature.’65 

64   Davies, C. (2019), Exploring Positive Action as a Tool to Address Under-representation in Apprenticeships, 
EHRC, London, p. 30, available at: https://www.equalityhumanrights.com/sites/default/files/research-
report-123-positive-action-apprenticeships.pdf.  

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5  Work-life  balance  issues:  pregnancy,  maternity,  family-related  leave  and 
flexible  working  arrangements  (Directive 92/85,  relevant  provisions  of 
Directives 2006/54, and Directive 2019/1158)66 

  General (legal) context 

5.1.1  Overview of national acts on work-life balance issues 

The  national  legal  provisions  relating  to  work-life  balance  are  located  in  numerous 
provisions: the Employment Rights Act 1996,67 the Equality Act 2010, 68 the Maternity and 
Parental Leave etc. Regulations (1999),69 the Management of Health and Safety at Work 
Regulations 199970 and, in NI, the Sex Discrimination (Northern Ireland) Order 1976, 71 
the Employment Rights (Northern Ireland) Order 1996, 72 the Maternity and Parental Leave 
etc. (Northern Ireland) Regulations 199973 and the Management of Health and Safety at 
Work (Northern Ireland) Regulations 2000. 74 

5.1.2  Political and societal debate and pending legislative proposals 

The Employment Rights Bill, due to become law in 2025, includes measures to strengthen 
protection against dismissal for pregnant women and new mothers; makes parental leave 
and paternity leave a ‘day one’ right; and introduces a requirement that employers may 
only  reject  a  request  to  work  flexibly  on  one  of  the  permitted  grounds  where  it  is 
reasonable to do so.75 

  Pregnancy and maternity protection76 

5.2.1  Definition in national law (Article 2 of Directive 92/85) 

National law does not define a pregnant worker or a worker who is breastfeeding. However, 
a worker who has recently given birth is defined in the Management of Health and Safety 
at  Work  Regulations  199977  (the  Management  Regulations),  Regulation  1,  as  having 
‘delivered a living child or, after 24 weeks of pregnancy, a stillborn child’. 

66   See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable 

treatment, Brussels, European network of legal experts in gender equality and non-discrimination, available 
at https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb; and De la Corte-Rodríguez, M. (2024), The transposition 
of the Work-Life Balance Directive in EU Members States (II): Considerable work still to be done, available 
at: https://www.equalitylaw.eu/downloads/6048-the-transposition-of-the-work-life-balance-directive-in-eu-
member-states-ii-considerable-work-still-to-be-done. 

67   Employment Rights Act 1996, 1 August 1996, https://www.legislation.gov.uk/ukpga/1996/18. 
68   Equality Act 2010, 1 October 2010, available at: 

http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf. 

69   Maternity and Parental Leave etc. Regulations 1999, 15 December 1999, 

http://www.legislation.gov.uk/uksi/1999/3312/contents/made. 

70   Management of Health and Safety at Work Regulations 1999, 29 December 1999, 

http://www.legislation.gov.uk/uksi/1999/3242/contents/made. 

71   The Sex Discrimination (Northern Ireland) Order 1976, 

https://www.legislation.gov.uk/nisi/1976/1042/introduction. 

72   The Employment Rights (Northern Ireland) Order 1996, 23 July 1996, 

https://www.legislation.gov.uk/nisi/1996/1919/contents. 

73   Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999, 15 December 1999, 

http://www.legislation.gov.uk/nisr/1999/471/contents/made. 

74   Management of Health and Safety at Work (Northern Ireland) Regulations 2000, 1 February 2001, 

http://www.legislation.gov.uk/nisr/2000/388/made. 
75   See: https://bills.parliament.uk/bills/3737/publications. 
76   Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the 

safety and health at work of pregnant workers and workers who have recently given birth or are 
breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), OJ L 
348, 28.11.1992. 

77   Management of Health and Safety at Work Regulations 1999, 29 December 1999, 

http://www.legislation.gov.uk/uksi/1999/3242/contents/made. 

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5.2.2  Obligation to inform employer (Article 2 of Directive 92/85) 

Employees  must  tell  their  employer  about  the  pregnancy  at  least  15  weeks  before  the 
beginning of the week the baby is due. However, as employees cannot take time off for 
antenatal appointments until they have told the employer about the pregnancy, many will 
do so beforehand. It is also evident that legal protection against dismissal or discrimination 
is  only  enforceable  if  the  employer  was  aware  of  the  pregnancy  at  the  time  she  or  he 
decided to dismiss the  employee: this was  established in Del Monte Foods  v Mundon. 78 
See  also  the  EAT  decision  in  Really  Easy  Car  Credit  Ltd  v  Thomson,79  in  which  the  EAT 
confirmed  that  the  correct  test  to  determine  whether  there  has  been  pregnancy 
discrimination under Section 18 EqA or automatic unfair dismissal under the Employment 
Rights Act was whether the claimant’s pregnancy itself had been the reason or principal 
reason  for  her  dismissal  or  whether  the  decision  to  dismiss  had  been  because  of  her 
pregnancy.  

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 
birth  and/or  a  worker  who  is  breastfeeding  and  the  obligation  to  inform  the 
employer 

To the author’s knowledge there is no national case law  on the definition of a pregnant 
worker, a worker who has recently given birth and/or a worker who is breastfeeding.  

5.2.4  Implementation of protective measures (Articles 4-6 of Directive 92/85) 

There are provisions in the Management of Health and Safety at Work Regulations 1999 
and the Management of Health and Safety at Work (Northern Ireland) Regulations 2000 
which require risk assessments. Where a risk assessment reveals an adverse effect on an 
employee or a risk to their safety or health, the employer is obliged temporarily to adjust 
the working conditions or working hours of the worker to avoid exposure to the identified 
risk or, where this is not possible, to move the worker to another job. The duty to find a 
pregnant employee alternative work where a risk is identified to her safety or health, or 
that  of  her  child (including  unborn child),  or  to  suspend  her  on  full  pay,  only  applies  to 
employees and agency workers, and not to other workers. 

5.2.5  Case law on issues on protective measures 

In Madarassy v Nomura International plc,80 the Court  of Appeal  ruled  that an employer 
need only undertake a risk assessment where the work is of a kind which could involve 
risk by reason of the woman’s condition to the health and safety of a new or expectant 
mother, or to that of her baby; for most employers there is no legal requirement to conduct 
a risk assessment (or a new risk assessment) simply because an employee informs the 
employer that she is pregnant.  

5.2.6  Protection against night work (Article 7 of Directive 92/85) 

National law does not prohibit night work during pregnancy, but if a specific work risk has 
been identified – or the worker’s GP or midwife has provided a medical certificate stating 
she must not work nights – her employer must offer suitable alternative day work on the 
same terms and conditions. If that is not possible, the employer must suspend her from 
work on paid leave for as long as is necessary to protect her health and safety and/or that 
of her child. 

78   Employment Appeal Tribunal, Del Monte Foods v Mundon [1980] IRLR 224 EAT. 
79   Employment Appeal Tribunal, Really Easy Car Credit Ltd v Thomson UKEAT/0197/17/DA, 3 January 2018, 

https://assets.publishing.service.gov.uk/media/5a96b2a340f0b67aa5087bb9/Really_Easy_Car_Credit_Ltd_
v_Miss_A_Thompson_UKEAT_0197_17_DA.pdf.  

80   Court of Appeal, Madarassy v Nomura International plc, 26 January 2007, 

https://www.bailii.org/ew/cases/EWCA/Civ/2007/33.html. 

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Country report – Gender equality – United Kingdom – 2025 

5.2.7  Case law on protection against night work 

There is no case law on protection against night work. 

5.2.8  Prohibition of dismissal (Article 10(1) of Directive 92/85) 

Dismissal from the beginning of the pregnancy until the end of the maternity leave is not 
prohibited  in  national  law,  but  if  the  dismissal  is  related  to  the  pregnancy  or  maternity 
leave then it will automatically be deemed unfair (under the Employment Rights Act 1996, 
Section 99) and will be discriminatory under the Equality Act 2010.81  

5.2.9  Employer’s  obligation  to  substantiate  a  dismissal  in  writing  (Article 10(2)  of 

Directive 92/85) 

The  employer’s  obligation  to  substantiate  a  dismissal  is  provided  by  Section 92(4)  and 
(4A)  of  the  Employment  Rights  Act  1996  (ERA  1996)  in  GB,  and  in  NI  by  Article 124A 
ER(NI)O.  

5.2.10 Table on the protection against dismissal during pregnancy and maternity leave 

Table 2: Protection against dismissal during pregnancy and maternity leave 

Yes/no 

No – protection only if dismissal is 
related to pregnancy or maternity 
leave. 

Protected 
period 
N/A. 

Exceptions  Specific 

N/A. 

procedure? 
N/A. 

5.2.11 Maintenance  of  income  and  other  employment  rights  (Article 11(1)  and  (4)  of 

Directive 92/85)  

Where a risk assessment reveals an adverse effect on an employee or a risk to their safety 
or health, the employer is obliged temporarily to adjust the working conditions or working 
hours of the worker to avoid exposure to the identified risk or, where this is not possible, 
to move the worker to another job. The duty to find a pregnant employee alternative work 
where  a  risk  is  identified  to  her  safety  or  health,  or  that  of  her  child (including 
unborn child),  or  to  suspend  her  on  full  pay,  only  applies  to  employees  and  agency 
workers, and not to other workers. 

5.2.12 Case law on the protection against dismissal and the maintenance of income and 

other employment rights 

In De Lacey v Wechseln Ltd [2021] IRLR 547, the Employment Appeal Tribunal confirmed 
that constructive dismissal can be discriminatory where not all of the acts, including the 
final act, amounting to the repudiatory course of conduct are themselves discriminatory. 
The claimant had claimed constructive dismissal following a series of acts by the employer, 

81   There is no temporal scope under the Employment Rights Act – a dismissal will be automatically unfair if the 
reason  for  dismissal  relates  to  pregnancy  or  childbirth.  Protection  from  pregnancy  discrimination  under 
Section 18 of the Equality Act 2010 used to exist only during the ‘protected period’ from the beginning of 
pregnancy until the end of maternity leave, but a 2023 amendment to the Act removed this restriction so 
that any unfavourable treatment because of pregnancy or maternity leave which takes place after that period 
will still be a breach of the Act. Whether or not the dismissal is related to pregnancy/maternity (under the 
Employment Rights Act) will be a factual question based on evidence of the employer’s reason for dismissal 
etc. Regulation 20 of the Maternity and Parental Leave Regulations 1999 states that a dismissal will be unfair 
under the Employment Rights Act ‘if the reason or principal reason’ for the dismissal relates to pregnancy or 
maternity.  Whether  or  not  a  dismissal  is  ‘because  of’  pregnancy/maternity  under  the  Equality  Act  will  be 
decided by the same test used to establish direct discrimination on other grounds under the Act. 

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Country report – Gender equality – United Kingdom – 2025 

collectively amounting to a repudiatory breach of conduct, where some but not all (and 
not the last) act amounted to discrimination on grounds of pregnancy and maternity.  

  Maternity leave 

5.3.1  Maternity leave in national law (Article 8(1) and (2) of Directive 92/85) 

Maternity  leave  is  for  52  weeks,  as  set  out  in  the  Maternity  and  Parental  Leave  etc. 
Regulations (MAPLE), Regulation 7 in GB and in NI by the Maternity and Parental Leave 
etc.  Regulations  (Northern  Ireland)  (MAPLE(NI)),  Regulation  7.  In  GB  the  ERA  1996, 
Section 72,  and  MAPLE,  Regulation  8,  provide  that  an  employer  must  not  permit  an 
employee  who  is  entitled  to  maternity  leave  to  work  during  a  period  of  two  weeks 
commencing on the day on which childbirth occurs. A period of four weeks from the date 
of the birth applies to women who are factory workers, in accordance with the Public Health 
Act  1936,  Section 205.  In  NI  identical  provision  is  made  by  Article 104  ER(NI)O  and 
MAPLE(NI), Regulation 8. 

5.3.2  Paid maternity leave (Article 11(2)(b), (3) and (4) of Directive 92/85)  

The level of maternity pay is higher than that of statutory sick pay (although an employer 
may  pay  sick  pay  which  is  higher  than  the  statutory  rate  of  maternity  pay).  Statutory 
maternity pay (SMP) (paid by the employer but reclaimable by the employer from the state 
in some circumstances) is fixed by the Statutory Maternity Pay (General) Regulations 198 82 
(and in Northern Ireland by the Statutory Maternity Pay (General) Regulations (Northern 
Ireland) 1987)83 at 90 % of salary for 6 weeks, with an additional 33 weeks at EUR 218.89 
(GBP 184.03) per week (or 90 % of salary if that is lower). There is no ceiling to the 90 %. 
Employees who do not qualify for SMP may be entitled to maternity allowance, which is 
paid by the state at EUR 218.89 (GBP 184.03) or 90 % of salary, whichever is the lower. 

The Statutory Maternity Pay (General) Regulations 1986 and the Statutory Maternity Pay 
(General) Regulations (Northern Ireland) 1987 make maternity pay available to employed 
women who have given their employer adequate notice of their maternity leave and who 
earn more than the earnings threshold (currently EUR 143/GBP 123 per week, averaged 
over a period). For context, the UK minimum hourly wage for an 18-year-old from April 
2023 is EUR 10.23 (GBP 8.60) rising to EUR 13.61 (GBP 11.44) at 21. Those not eligible 
for SMP may be eligible for maternity allowance. 

5.3.3  Maintenance of employment rights (Article 11(2)(a) of Directive 92/85) 

During maternity leave a woman is entitled to benefit from the same terms and conditions 
of employment that she would have enjoyed had she not been absent on maternity leave, 
except  for  those  which  relate  to  remuneration,  as  set  out  in  Article 103  ER(NI)O  and 
Regulation  9  MAPLE(NI),  and  in  Section 71  ERA  and  Regulation  9  MAPLE.  In  general, 
women on maternity leave are excluded from bonuses and benefits linked to income: see 
Hoyland v Asda Stores [2005] ICR 1235 (although the issue is complex and will depend 
on the nature of the bonus or the reason it is awarded.) Employers are still required to 
make pension contributions. 

5.3.4  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

Women have the right to return to the same job if returning from a period of no more than 
26 weeks’ leave under MAPLE Regulation 18 (or MAPLE NI Regulation 18). If the employee 
takes a longer period of maternity leave, the right to return to the same job is qualified: 

82   Statutory Maternity Pay (General) Regulations 1986, 24 November 1986, 

http://www.legislation.gov.uk/uksi/1986/1960/contents/made. 

83   Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987, 15 March 1987, 

https://www.legislation.gov.uk/nisr/1987/30/pdfs/nisr_19870030_en.pdf. 

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Country report – Gender equality – United Kingdom – 2025 

if return to the same job is not reasonably practicable, the right is to return to another job 
which is suitable for the worker, appropriate for her to do in the circumstances, and which 
is on terms and conditions not less favourable than those which would have applied had 
she not been absent (Regulations 18(2) and 18A). 

5.3.5  Case law on maternity leave 

South  West  Yorkshire  Partnership  NHS  Foundation  Trust  v  Jackson  &  Others:84  the 
claimant  was  on  maternity  leave  when  she  became  one  of  several  staff  put  at  risk  of 
redundancy. She was sent emails outlining the redeployment opportunities, but they were 
sent to her work email address, which she could not access. This caused a delay in her 
becoming  aware  of  them,  although  this  caused  no  substantial  harm.  Nonetheless,  her 
claim for unfavourable treatment under Section 18 of the Equality Act succeeded at the 
Employment Tribunal, which felt that the claimant did not get the email ‘because’ she was 
on maternity leave. On appeal, the EAT ruled that the Employment Tribunal had erred in 
its application of the test for causation: although the unfavourable treatment would not 
have  occurred  ‘but  for’  her  being  on  maternity  leave,  the  Employment  Tribunal,  it  was 
held, ought to have considered the reasons why the email was sent to her work address, 
and there was no finding on this point. The ‘reason why’ test can be satisfied where a rule 
is  applied  which  is  inherently  discriminatory,  or  where  the  protected  characteristic  has 
actually operated on the discriminator’s mind. The case was remitted for further findings. 

The main point of interest in this case is the discussion around causation and how it is to 
be applied in relation to Section 18 of the Equality Act.  Here the  ruling refers to Indigo 
design  Build  &  Management  Limited  &  Anor  v  Martinez 85  and  highlights  the  need  for 
tribunals  to  ask  the  standard  ‘reasons  why’  question  in  relation  to  any  unfavourable 
treatment  and  that  simply  applying  a  ‘but  for’  test  is  not  sufficient.  The  case  of  Onu  v 
Akwiwu and Another86 is also referred to; this set out ways in which the ‘reason why’ test 
can  be  satisfied  –  namely  where  a  rule  is  inherently  discriminatory,  or  a  protected 
characteristic has operated on the discriminator’s mind.  

84   Employment Appeal Tribunal, South West Yorkshire Partnership NHS Foundation Trust v Jackson & Others, 

22 November 2018, 
https://assets.publishing.service.gov.uk/media/5c7d2268e5274a3b89a4ddaa/South_West_Yorkshire_Partne
rship_NHS_Foundation_Trust_v_Mr_C_Jackson___Others_UKEAT_0090_18_BA.pdf. 

85   Employment Appeal Tribunal, Indigo design Build & Management Limited & Another v Martinez, 22 

November 2014, 
https://assets.publishing.service.gov.uk/media/593570e1ed915d20fb000176/1__Indigo_Design_Build_and
_Management_Ltd_2__Mr_B_Tank_v_Mrs_M_Martinez_UKEAT_0020_14_DM.pdf. See paras. 29-36.  

86   Supreme Court, [2016] UKSC 31, Onu v Akwiwu and Another, 22 June 2016, 

https://www.supremecourt.uk/cases/uksc-2016-0024.html.  

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Country report – Gender equality – United Kingdom – 2025 

5.3.6  Table on maternity leave 

Table 3 Maternity leave: 

Duration  Obligatory 

period 

Possibility to 
share maternity 
leave? 

12 
months. 

2 weeks. 

Eligible mothers 
can elect to end 
maternity leave 
and instead take 
shared parental 
leave, which may 
then be shared 
with eligible 
partners. 

Payment or allowance  Right to 

return after 
the end of 
maternity 
leave 
Yes. 

Payment for 39 weeks 
for those who qualify (at 
90 % of salary for 
6 weeks, with an 
additional 33 weeks at 
approximately EUR 219 
(GBP 184) per week (or 
90 % of salary if that is 
lower). There is no 
ceiling to the 90 %. 
Employees who do not 
qualify for SMP may be 
entitled to maternity 
allowance, which is paid 
by the state at 
approximately EUR 219 
(GBP 184) or 90 % of 
salary, whichever is 
lower. 

  Paternity leave 

5.4.1  Paternity  leave  in  national  law  (recital  26  Directive  of  2006/54  and  Articles 3(a) 

and 4 of Directive 2019/1158)  

A father (which includes all those employees, of either sex, who are otherwise eligible) is 
entitled, by reason of Paternity and Adoption Leave (PAL) Regulations 200287 Regulation 4, 
to up to two weeks’ leave for the purpose of  caring for a child or  supporting the child’s 
mother.  From  April  2024,  this  can  be  taken  in  two  non-consecutive  blocks  of  one  week 
during the first year from the birth (or adoption) of the child.88 This right, which is available 
to the father or to the spouse or partner or civil partner of the child’s mother who have or 
expect to have responsibility for the upbringing of the child, is conditional on the employee 
having at least 26 weeks’ employment at the end of the week immediately preceding the 
14th week before the expected week of the child’s birth. The provision in NI is materially 
identical  (PAL  Regulations  (NI)).  Under  the  Employment  Rights  Bill,  due  to  become  law 
during  2025,  the  26-week  qualifying  period  will  be  removed  and  paternity  leave  will 
become a ‘day one’ right.’.89 

5.4.2  Paid paternity leave (Article 8(1) and (2) of Directive 2019/1158) 

The leave is paid at the same level as statutory maternity pay.  

87   Paternity and Adoption Leave (PAL) Regulations 2002, 8 December 2002, 

http://www.legislation.gov.uk/uksi/2002/2788/contents/made. 

88   Paternity Leave (Amendment) Regulations 2024. Previously, eligible fathers had been required to take one 
continuous block of leave of either one week or two weeks in the first eight weeks following the birth (or 
adoption.). 

89   See: https://bills.parliament.uk/bills/3737/publications. 

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Country report – Gender equality – United Kingdom – 2025 

5.4.3  Legal  protection  of  the  right  to  paternity  leave  (Articles 10,  11  and  12  of 

Directive 2019/1158) 

An employee who takes, or seeks to take, paternity leave is entitled not to be subjected 
to any detriment, nor to be dismissed, for doing so or having done so (PAL Regulations 28 
and 29; in NI, PAL Regulations (NI), Regulations 28 and 29).  

5.4.4  Case law on paternity leave 

Atkins v Coyle Plc:90 the EAT held that, in order to give rise to a claim for unfair dismissal 
relating to paternity leave, the Paternity and Adoption Leave Regulations 2002 Regulation 
29 required a causal connection between the dismissal and the taking of paternity leave 
rather than some vaguer, less stringent connection. It held that the employment tribunal 
had approached the matter correctly by stating that the relevant question was ‘whether 
or not the reason or principal reason for [the] dismissal was connected with the fact that 
[X] took paternity leave’. 

5.4.5  Table on paternity leave 

Table 4 Paternity leave: 

Who is entitled?  

Fathers, spouses or partners or civil partners of 
the child’s mother who have or expect to have 
responsibility for the upbringing of the child. 

  Adoption leave 

Duration  Payment or 

allowance 

2 weeks.   2 weeks at the same 

level as statutory 
maternity pay. 

5.5.1  Adoption leave in national law (recital 27 of Directive 2006/54)91 

ERA  Sections 75A  and  75B  provide  for  ordinary  and  additional  adoption  leave  which  is 
materially  identical  to  ordinary  and  additional  maternity  leave  and  to  which  workers 
become entitled at the point at which a child is placed with them. The details are in the 
Paternity and Adoption Leave Regulations (PAL) 2002,92 Regulation 15 of which sets out 
the conditions of entitlement: an employee must have 26 weeks’ qualifying service, must 
have been matched with a child by an adoption agency, and must have agreed that the 
child should be placed with him or her for adoption. Only the primary adopter is entitled 
to full adoption leave. Where a couple are adopting together, only one person can be the 
primary adopter – this is for the couple to decide. The other person in the couple may be 
eligible for paternity leave. Regulation 16 allows the primary adopter to choose when the 
period of leave should begin, subject to the notice requirements in Regulation 17, within 
a period from 14 days prior to the expected date of placement of the child to the date of 
actual placement. Statutory adoption pay (SAP) is payable for a period of up to 39 weeks 
at whichever is the lower of flat-rate statutory maternity pay (EUR 219 (GBP 184.03) from 
April 2015) or 90 % of normal weekly earnings. In NI, the Paternity and Adoption Leave 
Regulations (Northern Ireland) 2002 have a materially identical effect. 

90   Employment Appeal Tribunal, UKEAT/0206/07, Atkins v Coyle Plc, 16 October 2007/8 February 2008, 

available at: https://www.bailii.org/uk/cases/UKEAT/2008/0206_07_0802.html. 

91   Adoption leave is defined at EU level as an individual and non-transferable right to leave of men and women 
subsequent to the adoption of a child. While in the case of birth there are two distinct rights to create an 
early bonding with the child, i.e. maternity leave for the delivering mother and paternity leave for the other 
parent, in the case of adoption there is an only right to leave (adoption leave), which under the EU 
definition should be the same for each adoptive parent. 

92   Paternity and Adoption Leave Regulations 2002, 8 December 2002, 
http://www.legislation.gov.uk/uksi/2002/2788/contents/made. 

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Country report – Gender equality – United Kingdom – 2025 

5.5.2  Legal protection of the right to adoption leave (Article 16 of Directive 2006/54) 

PAL Regulations 28–31 protect employees entitled to adoption leave against detriment or 
dismissal  attributable  to  the  fact  that  they  take  or  seek  to  take  such  leave.  In  NI  the 
PAL(NI) Regulations have a materially identical effect. 

5.5.3  Case law on adoption leave 

In Price v Powys CC [2021] IRLR 741 the Employment Appeal Tribunal held that a father 
on parental leave could not compare himself with a female worker on adoption leave (and 
entitled  to  enhanced  pay  under  the  employer’s  policy)  for  the  purposes  of  a  direct  sex 
discrimination  claim.  It  was  held  that  the  underlying  purposes  of  parental  leave  and 
adoption  leave  were  not  the  same:  while  both  were  concerned  with  childcare,  adoption 
leave was also necessary for the purposes of forming a parental bond, becoming a family 
and taking steps to arrange an appropriate and safe environment. 

  Parental leave 

5.6.1  Parental leave in national law (Article 5 (1), (2) and (4) of Directive 2019/1158) 

There are two forms of parental leave in UK law. 

EU Parental Leave entitles employees with children under the age of 18 and who have 52 
weeks of continuous service to 18 weeks of unpaid leave. Under the Employment Rights 
Bill this will become a ‘day one’ right.93 This must be taken in blocks of no less than one 
week and no more than four weeks each year before the child’s 18th birthday. The relevant 
provisions  are  contained  in  the  Maternity  and  Parental  Leave  etc.  Regulations  1999  (as 
amended) (MAPLE). EU Parental Leave is an individual right and is not transferable. 

Shared Parental Leave (SPL), where the mother and her partner are both eligible, entitles 
the mother to give up her maternity leave (only after the compulsory period of 2 weeks) 
and to convert the remaining maternity leave (up to 50 weeks) into SPL, which may then 
be shared with her partner. In order to qualify, one party in the couple must be eligible for 
maternity leave and have been continuously employed for at least 26 weeks by end of the 
15th week before the due date / adoption match, and they must have been employed by 
the same employer while taking SPL. Their partner (Party B) must have been working for 
26  weeks  during  the  66  weeks  before  the  due  date  and  have  earned  at  least  GBP 30 
(approx. EUR 35) a week on average in 13 of the 66 weeks (this includes agency workers 
and the self-employed). 

The  relevant  provisions  are  largely  contained  in  the  Shared  Parental  Leave  Regulations 
2014 and, for Northern Ireland, the Shared Parental Leave (Northern Ireland) Regulations 
2015 (‘SPL Regulations’, ‘SPL (NI) Regulations’). This will exclude some workers who are 
not  eligible  for  maternity  leave  (for  example  as  a  result  of  self-employment),  who  lack 
continuity of employment, or those on very low income/hours who do not earn an average 
of GBP 30 (approx. EUR 35) a week. For context, the UK minimum hourly wage for an 18-
year-old from April 2023 is EUR 10.23 (GBP 8.60) rising to EUR 13.61 (GBP 11.44) at 21. 

5.6.2  Period of notice (Article 5(3) of Directive 2019/1158) 

For EU Parental Leave, an employee must give at least 21 days’ notice of the start of the 
proposed  period  of  leave,  in  accordance  with  the  MAPLE  Regulations,  Schedule  2, 
Paragraph 3 (in NI, MAPLE NI Regulations Schedule 2, Paragraph 3). Where a father wants 
to take parental leave on the birth of a child, the employer must be given 21 days’ notice 
of the mother’s expected week of  childbirth, as set out in Paragraph 4. Where a parent 

93   See: https://bills.parliament.uk/bills/3737/publications. 

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Country report – Gender equality – United Kingdom – 2025 

wants to take parental  (as distinct from adoption) leave  on the adoption of a  child, the 
employer should be given 21 days’ notice of the expected week of placement, unless that 
is not reasonably practicable (Paragraph 5).  

In order to be able to take Shared Parental Leave (or for their partners to be able to take 
SPL) eligible mothers must provide a curtailment notice, notifying their employer of their 
wish  to  end  their  maternity  leave,  together  with  details  of  the  intended  duration  of  the 
SPL, at least 8 weeks before the date on which the maternity leave will end. Likewise, the 
father or partner must provide the same information to their employer at least eight weeks 
before SPL is due to start (SPLR Regulations Sections 8 and 9 and equivalent provisions of 
the SPL (NI) Regulations). 

5.6.3  Postponement of parental leave (Article 5(5) of Directive 2019/1158) 

For EU Parental Leave the employer may postpone the taking of leave on the grounds of 
undue disruption of its business, provided that the leave is rescheduled (after consulting 
the employee) to a date not later than six months after the proposed date (and not later 
than the child’s 18th birthday) (MAPLE Regulations, Schedule 2, Paragraph 6; in NI, MAPLE 
NI Regulations, Schedule 2, Paragraph 6). The employer may not impose a postponement 
when the employee gives notice of taking parental leave immediately after a child is born 
or is placed with the family for adoption.  

For  Shared  Parental  Leave  the  employer  has  no  right  to  postpone  leave  where  the 
requested leave is for one continuous period. Where an employee requests, as they are 
entitled  to  do,  that  the  SPL  be  taken  in  separate  blocks  of  discontinuous  leave,  the 
employer  has  the  right  to  request  that  the  leave  be  taken  on  alternative  dates.  (SPL 
Regulations, Regulations 13 and 14 and equivalent provisions of the SPL (NI) Regulations). 

5.6.4  Flexible take-up of parental leave (Article 5(6) of Directive 2019/1158) 

EU Parental Leave must be taken (unless the employer agrees to the contrary) in blocks 
of  at  least  one  week  at  a  time  (MAPLE,  Schedule  2,  Paragraph  7).  In  Rodway  v  South 
Central Trains Ltd the Court of Appeal ruled that an employee was not permitted to take 
a single day’s leave as parental leave, even if he opted for the day to be treated as using 
up his entitlement of a whole week.94 Paragraph 8 of Schedule 2 MAPLE provides that no 
more than four weeks’ leave may be taken in any one year.  

Shared Parental Leave may be taken in discontinuous blocks. Each of those entitled to SPL 
is able to take up to three separate blocks  of leave (SPL Regulations,  Regulation 7 and 
equivalent provisions of the SPL (NI) Regulations.) 

5.6.5  Special rules for adoptive parents, parents with a disability and parents of children 

with a disability or a long-term illness (Article 5(8) Directive 2019/1158) 

The Neonatal Care (Leave and Pay) Act 2023 provides that parents of children requiring 
neonatal care within 28 days of birth are eligible to an additional 12 weeks’ leave and pay 
(at the same rate as statutory maternity pay) from April 2025. 

5.6.6  Paid parental leave (Article 8(1) and (3) of Directive 2019/1158) 

EU Parental Leave is unpaid. 

Shared  Parental  Leave  is  available  for  up  to  37  weeks  at  the  same  rate  as  statutory 
maternity pay.  

94   Court of Appeal, [2005] EWCA Civ 443, Rodway v South Central Trains Ltd, 18 April 2005, [2005] EWCA 

Civ 443, [2005] IRLR 583. 

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Country report – Gender equality – United Kingdom – 2025 

5.6.7  Legal  protection  of  the  right  to  parental  leave  (Articles 10,  11  and  12  of 

Directive 2019/1158) 

An employee who takes, or seeks to take, EU Parental Leave or Shared Parental Leave will 
be  entitled  not  to  be  subjected  to  any  detriment,  nor  to  be  dismissed,  for  doing  so  or 
having done so (Employment Rights Act Sections 47C and 99.) 

5.6.8  Case law on parental leave 

In  Ali  v  Capita  Customer  Management  Limited  and  Chief  Constable  of  Leicestershire  v 
Hextall95  (joined  appeals),  the  Court  of  Appeal  held  that  it  is  not  discriminatory  to  pay 
enhanced pay to those on maternity leave, but not to those on parental leave. It was not 
direct discrimination as men on parental leave and women on maternity leave are not in 
comparable  positions  because  ‘the  predominant  purpose  of  [maternity]  leave  is  not 
childcare but other matters exclusive to the birth mother.’ In any event the exception in 
the Equality Act 2010 precluding comparison in relation to ‘special treatment afforded to 
a woman in connection with pregnancy or childbirth’ applied. The Court of Appeal also held 
that a claim under the equality of terms (equal pay) provisions of the Equality Act 2010 
was precluded by Schedule 7, Paragraph 2, which provides that a sex equality clause does 
not  have  effect  ‘in  relation  to  terms  of  work  affording  special  treatment  to  women  in 
connection with pregnancy  or childbirth.’ Finally, a  claim  of indirect discrimination could 
not be brought as the Equality Act precludes claims of indirect discrimination where the 
equality of terms (equal pay) provisions apply. Permission to appeal to the Supreme Court 
was refused.  

In  a  different  (unreported)  employment  tribunal  case,  Snell  v  Network  Rail,  a  policy  of 
giving mothers on shared parental leave full pay but paying only statutory minimum pay 
to partners on the same scheme was found to be indirectly discriminatory. 

In Rodway v South West Trains96 an employee who took one day’s (EU) parental leave to 
care for his son was charged with unauthorised absence from work. The Court of Appeal 
held that this was contrary to the legislation and stipulated the need to take the leave in 
blocks of one week at a time. 

95   [2019] EWCA Civ 900. 
96   Court of Appeal, [2005] EWCA Civ 443, Rodway v South Central Trains Ltd, 18 April 2005, [2005] EWCA 

Civ 443, [2005] IRLR 583 CA.  

36 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

5.6.9  Table on parental leave 

Table 5: Table on parental leave 

Duration of 
leave 

Right to leave 
individual and 
non-
transferable? 

Paid 
period 

Yes. 

N/A. 

Right to 
payment or 
allowance 
individual and 
non-
transferable? 
N/A. 

Payment or 
allowance 

N/A. 

EU (Unpaid) 
Parental Leave: 
18 weeks 
(maximum 4 
weeks each 
year).  
Shared Parental 
Leave: 50 
weeks 
(beginning no 
earlier than the 
end of the two-
week period of 
compulsory 
maternity 
leave). 

No. 

37 
weeks. 

No. 

If eligible: 

If 90 % of the 
individual’s weekly 
earnings is higher 
than £184.03, they 
are entitled to 
£184.03; if 90 % of 
their weekly 
earnings is lower 
than that threshold, 
they are only 
entitled to 90 % of 
their weekly 
earnings. 

  Child-related leave in relation to surrogacy 

5.7.1  Prohibition of surrogacy 

Surrogacy is legal in the UK but surrogacy agreements are not legally enforceable. It is a 
criminal offence to advertise that you are looking for or are willing to act as a surrogate 
and a criminal offence for any third party to advertise that they are willing to facilitate or 
negotiate a surrogacy arrangement (Surrogacy Arrangements Act 1985). 

5.7.2  Child-related leave in relation to surrogacy 

The birth mother will be regarded as the mother unless and until parenthood is transferred 
by  parental  order  or  adoption.  The  child’s  legal  father  or  ‘second  parent’  will  be  the 
surrogate’s husband or partner unless legal rights are given to someone else through a 
parental  order  or  adoption.  If  the  child  is  adopted,  then  parental  leave  rights  will  be 
enjoyed  by  the  adopters  (MAPLE  Regulations  Regulation  13;  MAPLE  (NI)  Regulations, 
Regulation 13). Since April 2015, a commissioning parent in surrogacy situations has been 
able to qualify for adoption leave/pay.  

5.7.3  Case law on child-related leave in relation to surrogacy 

There is no case law. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

  Carers’ leave 

5.8.1  Carers’ 

leave 

in  national 

law  (Articles 3(1)(c),  (d)  and  (e)  and  6  of 

Directive 2019/1158) 

Under  the  Carer’s  Leave  Act  2023,  together  with  the  Carer’s  Leave  Regulations  2024, 
employees have the right to one week’s unpaid leave to care for dependants with long-
term care needs. A dependant is defined as someone who (i) is a parent, child, spouse or 
civil  partner  of  the  employee;  or  lives  with  the  employee  other  than  as  a  tenant  or 
employee; or ‘reasonably relies’ on the employee for care and (ii) has a mental or physical 
illness or injury that means they are expected to need care for more than three months; 
is someone with a disability; or is someone who has care needs as a result of old age. This 
is a day one right. The leave can be taken as a week or as individual days or half days, 
but is subject to notice requirements. Employers cannot refuse a request but can ask the 
employee to take the leave at another time if their absence would cause serious disruption 
to the organisation.  

5.8.2  Legal  protection  of  the  right  to  carers’  leave  (Articles 10,  11  and  12  of 

Directive 2019/1158) 

An employee who takes, or seeks to take, carer’s leave will be entitled not to be subjected 
to  any  detriment,  nor  to  be  dismissed,  for  doing  so  or  having  done  so  (Carer’s  Leave 
Regulations 2024, Regulations 11 and 12.) 

5.8.3  Case law on carers’ leave 

There is not yet any case law on carer’s leave. 

5.8.4  Table on carers’ leave 

Table 6: Table on carers’ leave 

National 
leave and 
duration 
One week each 
year. 

Type of entitlement 

Beneficiaries 

Situations 
covered 

Leave is unpaid. Can be 
taken as individual days 
of half days. 

Employees. It is a 
day one right. 

Dependants with 
long-term care 
needs.  

  Time off for force majeure 

5.9.1  Time off for force majeure (Article 7 of Directive 2019/1158) 

ERA 1996 Section 57A(1) provides that all employees are entitled to be permitted to take 
such  time  off  as  is  ‘reasonable’  in  order  to  take  action  that  is  ‘necessary’  to  provide 
assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted; 
to make arrangements for the provision of care for a dependant who is ill or injured; in 
consequence  of  the  death  of  a  dependant;  because  of  the  unexpected  disruption  or 
termination of arrangements for the care of a dependant; or to deal with an incident which 
involves a child of the employee and which occurs unexpectedly in a period during which 
an educational establishment which the child attends is responsible for him. There is no 
cap  on  entitlement  as  such,  but  it  is  clear  from  the  case  law  that  the  right  relates  to 
unexpected emergencies. In NI, the ER(NI) Order 1996 is set out in materially identical 
terms. 

38 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

5.9.2  Legal  protection  of  the  right  to  time-off  for  force  majeure  (Articles 10  and  11  of 

Directive 2019/1158) 

An employee who takes, or seeks to take, time off for force majeure will be entitled not to 
be  subjected  to  any  detriment,  nor  to  be  dismissed,  for  doing  so  or  having  done  so 
(Employment Rights Act 1996, Sections 47C and 99). 

5.9.3  Case law on time off for force majeure 

In Qua v John Ford Morrison Solicitors 97, the EAT held that the right is simply to arrange 
alternative care as opposed to a right to care for the child or other dependant oneself. 

In  Royal  Bank  of  Scotland  v  Harrison, 98  the  EAT  held  that  entitlement  because  of  the 
unexpected disruption or termination of care arrangements for dependants is not limited 
to last-minute unavailability or emergencies. In this case Mrs Harrison wanted emergency 
time  off  when  her  childminder  was  unable  to  care  for  her  children.  What  is  interesting 
about the case is that she had two weeks’ notice of her childminder’s unavailability. The 
question for the tribunal was whether these circumstances fell within the statutory right 
to time off. Somewhat surprisingly, the EAT confirmed that she should have been allowed 
time off. The EAT first agreed with the tribunal that the amount of time actually taken off 
was reasonable – the only question was whether the disruption of the arrangements was 
unexpected.  RBS  argued  that,  as  she  had  advance  warning  of  the  problem  it  was  not 
unexpected. The EAT disagreed and made it clear that the provision does not apply only 
to a situation such as a childminder not turning up on the day in question. The disruption 
to Mrs Harrison’s arrangements was unexpected albeit that she had two weeks’ notice of 
it.  

In  Ellis  v  Ratcliffe  Palfinger  Ltd, 99  the  EAT  held  that  an  employee  had  not  been 
automatically  unfairly  dismissed  for  exercising  the  right  to  take  time  off  to  assist 
dependants.  He  did  not  contact  his  employer  to  inform  them  ‘as  soon  as  reasonably 
practicable’ (as required by legislation) of the reason for his absence – taking a heavily 
pregnant partner to hospital to give birth – and was dismissed.  

5.9.4  Table on time-off for force majeure 

Table 7: Table on time-off for force majeure  

National measure and 
duration 
‘Such time off as is 
reasonable’ to arrange 
necessary assistance and 
care. 

Type of 
entitlement 
Unpaid. 

Situations covered 

Illness or accident or death of a 
dependant or unexpected disruption 
to usual care arrangements. 

 Flexible working time arrangements (FWAs) 

5.10.1 Right to FWAs (Article 3(1)(d) and (f) and 9 of Directive 2019/1158) 

The  legislation  gives  eligible  employees  a  right  to  request  a  change  to  their  terms  and 
conditions in respect of the number of hours they work, or to the time or place when or 
where the work is done (Employment Rights Act 1996, Section 80F). All rights are ‘rights 
to request’ rather than ‘rights to  obtain.’ It is unclear  whether this includes the  right to 

97   Employment Appeal Tribunal, [2003] ICR 482 EAT.  
98   Employment Appeal Tribunal, [2008] UKEAT/0093/08/LA. 
99   Employment Appeal Tribunal, UKEAT/0438/13/BA, 17 September 2014, available at: 

https://assets.publishing.service.gov.uk/media/5930152fe5274a5e51000132/Mr_G_Ellis_v_Ratcliff_Palfinge
r_Ltd_UKEAT_0438_13_BA.pdf. 

39 

 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

request to increase, as  well as decrease, hours of work. There is no right to work from 
home or remotely. However, an employee has a right to ‘request’ a change to ‘where, as 
between  his  home  and  a  place  of  business  of  his  employer,  he  is  required  to  work’ 
(Employment  Rights  Act  1996,  Section 80F).  This  right  applies  in  the  same  way  as  the 
right to request a change in hours. 

To be eligible a worker must be an employee. The right to request is now a day one right, 
following  the  Employment  Relations  (Flexible  Working)  Act  2023  and  Flexible  Working 
(Amendment)  Regulations  2023,  which  came  into  effect  in  April  2024.  Employees  are 
permitted to make two requests in a 12-month period.100 The right was originally restricted 
to parents or carers but was extended to all employees in 2014. There is no restriction on 
the purposes for which the right can be exercised. The right does not depend on the size 
of the employer. 

Having received a request, the employer is under an obligation to deal with the application 
in a reasonable manner and may only refuse a request for one of a number of business 
reasons specified in the legislation.101 These include: an unacceptable burden of costs; an 
inability to reorganise work among existing staff or an inability to recruit more staff; if the 
employer  considers  that  the  change  would  have  a  detrimental  impact  on  quality  or 
performance or on the ability to meet customer demand; where there is insufficient work 
during the period the employee proposes to work; or if proposed structural changes to the 
business  mean  that  the  new  proposed  work  patterns  are  unlikely  to  fit  in  with  the  new 
arrangements. A statutory code of practice sets out the steps employers will normally be 
required to take in order to handle requests in a reasonable manner: employers should 
consider  the  benefits  of  the  request  for  both  employee  and  business  and  weigh  these 
against any adverse impact on the business by reference to the reasons set out above; 
they should discuss the request with the employee (except in the event of straightforward 
acceptance  of  the  request);  and  they  should  deal  with  requests  promptly.102  Under  the 
Employment Rights Bill, if enacted, employers will be required to show that any refusal of 
a request was reasonable (and not only that it was handled in a reasonable manner).103 

The Workers (Predictable Terms and Conditions) Act 2023 (which was due to come into 
force in 2024 and would have given workers on atypical contracts the right to request a 
more  predictable  working  pattern)  will  not  now  be  brought  into  force.  Instead,  the 
Employment Bill now includes broadly similar provisions.104 

5.10.2 Duration of FWAs (recital 35 and Article 9(1) and (3) of Directive 2019/1158)  

Successful requests result in a change to the terms and conditions of employment. It is 
not  clear  whether  the  right  to  request  flexible  working  includes  the  right  to  request  a 
temporary rather than permanent change in terms and conditions. 

5.10.3 Legal protection of the right to FWAs (Articles 11 and 12 of Directive 2019/1158) 

Employees who are dismissed  or subject to a  detriment as a result of having exercised 
their legal right to request flexible working are entitled to remedies under the legislation 
(Employment Rights Act 1996, Sections 47E and 104C.) 

100  See: https://www.legislation.gov.uk/ukpga/2023/33/contents/enacted and 

https://www.legislation.gov.uk/uksi/2023/1328/contents/made . 

101  Employment Rights Act 1996, Section 80G. 
102  ACAS (2014) ‘Code of practice on handling in a reasonable manner requests to work flexibly’, available at: 

https://www.acas.org.uk/acas-code-of-practice-on-flexible-working-requests/html. 

103  See: https://bills.parliament.uk/bills/3737/publications.  
104  See: https://www.legislation.gov.uk/ukpga/2023/46/enacted and 

https://bills.parliament.uk/bills/3737/publications.  

40 

 
 
 
 
 
 
 
 
 
 
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5.10.4 Case law on FWAs and legal protection of the right to FWAs 

In Shaw v CCL Ltd105 an employer was found to have directly and indirectly discriminated 
on the grounds of sex in turning down an employee’s request to be allowed to work flexibly 
on  her  return  from  maternity  leave.  See  also  Bathgate  v  Applied  Satellite  Technology 
Ltd.106 These cases show that, where the request is made by a woman, an employer that 
refuses that request may be applying a provision, criterion or practice which puts women 
at  a  particular  disadvantage.  Thus,  where  a  tribunal  is  not  satisfied  that  the  provision, 
criterion or practice is objectively justified and determines that the claimant resigned in 
response  to  its  application,  the  refusal  to  grant  flexible  working  is  determined  to  have 
given rise to a discriminatory constructive dismissal. 

5.10.5 Table on FWAs 

Table 8: Table on FWAs  

National 
system/s 
Yes. 

Absolute or relative right 

It is a right to request only. 
Employers must deal with requests 
in a reasonable manner but may 
currently refuse requests for one of 
the reasons listed in the legislation. 

FWAs covered and workers 
entitled 
The right is for employees only. It 
is a day one right. It includes all 
employees and there is no 
restriction on the reasons for 
which a request may be made. 

 Evaluation of implementation 

The national law implementing the EU law relating to the relevant provisions (other than 
the  parental  leave  and  carers’  leave  provisions  of  the  Work-Life  Balance  Directive)  is 
adequate. Carers’ leave will be addressed by legislation due to come into force in 2024.  

 Remaining issues 

There  is  a  gap  between  the  protections  and  rights  available  and  their  practice  and  the 
experience  of working parents. Enforcement of the law in this area  can be problematic. 
Encouraging fathers to take leave (paternity or parental) is also problematic. Fathers are 
not taking shared parental leave, in particular, in significant numbers. While the gender 
pay gap/inadequate statutory parental pay is a factor, research also suggests other factors 
such as fear of stigma and discrimination. 

105  Employment Appeal Tribunal, Shaw v CCL Ltd, 22 May 2007, 

https://uk.practicallaw.thomsonreuters.com/D-008-
8273?transitionType=Default&contextData=(sc.Default). 
106  Employment Tribunal (ET), Case No.1501476/13, unreported. 

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6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

  General (legal) context 

6.1.1  Issues related to gender equality and social security 

No significant issues. 

6.1.2  Political and societal debate and pending legislative proposals 

None. 

  Direct and indirect discrimination 

Direct and indirect discrimination is prohibited in respect  of pension  contributions made 
after 1990: in GB by the EqA Sections 29, 39 and 67; in NI by Articles 8 and 30 SD(NI)O 
and EqP(NI)A 1970. 

  Personal scope 

The  personal  scope  of  national  law  is  the  same  as  specified  in  Article 6  of 
Directive 2006/54,  except  that  there  is  some  room  for  concern  as  to  the  extent  of 
application of the EqA and the equivalent provisions in NI law to the self-employed. In the 
landmark  case  of  Jivraj  v  Hashwani  the  Supreme  Court  ruled  that  arbitrators  were  not 
‘employed’  for  the  purposes  of  the  anti-discrimination  provisions,107  and,  more 
significantly, that the prohibition of employment ‘under a contract personally to do work’ 
did  not  cover  independent  providers  of  services  who  were  not  in  a  relationship  of 
subordination with the  person who  received the services. The  extent to which domestic 
law  protects  self-employed  persons  against  discrimination  is  uncertain  following  Jivraj, 
except  where  (as  in  the  case  of  contract  workers,  police  officers,  partners  in  firms, 
barristers and advocates) such persons are expressly covered by the legislation. However, 
other workers who are not employees but who have a contract personally to do work are 
covered by the Equality Act 2010, as confirmed by the Supreme Court in 2018 in Pimlico 
Plumbers v Smith.108  

  Material scope 

The  EqA  and  the  NI  equivalents  prohibit  sex  discrimination  in  all  matters  relating  to 
employment, which would include those matters referred to in Article 7 of the Directive. 

  Exclusions 

National  law  has  not  applied  exclusions  since  2012  in  the  case  of  Article 8(1).  While 
occupational social security schemes such as those referred to in Article 8(1) would not 
fall within the employment-related provisions of the EqA or the SD(NI)O, they would be 
considered  to  fall  under  the  provisions  dealing  with  goods,  facilities  and  services 
(Section 29  EqA,  Article 30  SD(NI)O).  The  EqA  prohibits  all  sex  discrimination  in  such 
contracts  which  are  entered  into,  reviewed  or  renewed  after  December  2012.  Similar 
provision  is  made  in  NI  by  the  SD(NI)O  Articles 30  and  46  as  amended  by  the  Sex 
Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2012. 

107  Supreme Court, [2011] UKSC 40, 27 July 2011, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2010-0170-judgment.pdf. 
https://www.bailii.org/uk/cases/UKSC/2011/40.html.  

108  Equality Act 2010, Section 83(2); Supreme Court, [2018] UKSC 29, Pimlico Plumbers Ltd and another v 

Smith, 13 June 2018, at: https://www.bailii.org/uk/cases/UKSC/2018/29.html.  

42 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

Discrimination  falling  within  Article 8(2)  is  permitted  by  reason  of  EqA  Schedule  7, 
Paragraph 4, and in NI by the Pensions (NI) Order 1995 Article 64. These provisions allow 
payments of different amounts for comparable men and women if the difference is only 
because  of  differences  in  retirement  benefits  to  which  men  and  women  are  entitled;  or 
where  the  differences  result  from  the  application  of  prescribed  actuarial  factors  to  the 
calculation of the employer’s contributions.  

  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

The author is not aware of any examples. 

  Actuarial factors 

Schedule  7,  Paragraph  5  EqA  and  the  Pensions  (NI)  Order  1995  Article 64  allow 
discrimination  in  the  form  of  actuarial  factors  which  differ  for  men  and  women  in  the 
calculation  of  contributions  to  a  scheme  by  employers.  The  author  is  not  aware  of  any 
examples in case law. 

  Difficulties 

None of which the author is aware. 

  Evaluation of implementation 

No other significant concerns. 

 Remaining issues 

No further comments. 

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7 

Statutory schemes of social security (Directive 79/7) 

  General (legal) context 

7.1.1  Overview of national acts 

It is not possible to list all the relevant social security schemes/legislation here because 
there are so very many pieces of both primary and secondary legislation (in GB and NI) 
containing provisions on statutory social security schemes. 109 

7.1.2  Political and societal debate and pending legislative proposals 

Universal Credit, the key means-tested benefit for those on low, or no, income, has been 
controversial since its inception in 2013 (Welfare Reform Act 2012). Many of the concerns 
raised  relate  to  problems  and  delays  in  the  administration  of  the  benefit.  In  2020  the 
Trades  Union  Congress  conducted  research  into  the  impact  of  the  ‘five  week  wait’  (the 
typical delay between application for Universal Credit and receipt of the first payment) on 
recipients and concluded that it caused significant hardship and should be replaced.110 The 
Child  Poverty  Action  Group  together  with  the  Universities  of  York  and  Birmingham 
published research on the experiences of families on low income during the pandemic and 
concluded that ‘our social security system and wider public services are failing to provide 
families on low incomes with adequate support.’111  

In relation to gender equality, the Women’s Budget Group, an organisation which monitors 
and  comments  on  the  gender  implications  of  social  security  policy,  has  concerns  about 
aspects of Universal Credit that have implications for women and for survivors of domestic 
abuse:  e.g.  the  fact  that  Universal  Credit  requires  couples  to  nominate  a  single  bank 
account is of concern because it could result in financial abuse in less equal relationships 
and  hence  main  carers  (usually  women)  risk  losing  financial  support  that  is  clearly 
earmarked for children.112 

Welfare benefits are likely to undergo significant reform under the Labour Government in 
2025, although at the end of 2024 details were yet to be published. 

  Implementation of the principle of equal treatment for men and women in 

matters of social security 

The principle of equal treatment for men and women is generally respected (though it is 
possible that some rules may disparately impact on women or men). In addition Section 29 
EqA  (which  has  no  direct  equivalent  in  NI)  prohibits  sex  discrimination  by  public 
authorities. 113  To  the  extent  that  social  security  is  recognised  as  pertaining  to  ‘goods, 

109  See: https://www.gov.uk/browse/benefits for list of the main benefits, which include Universal Credit, 

Jobseeker’s Allowance and low-income benefits, tax credits and housing benefits. Or see list of relevant 
legislation at: https://www.legislation.gov.uk/uksi/social%20security.  

110  See: https://www.tuc.org.uk/research-analysis/reports/universal-credit-and-impact-five-week-wait-

payment.  

111  Patrick, R. et al (2022) Covid Realities (University of York, University of Birmingham, CPAG) at p. 6; 
available at: https://www.york.ac.uk/business-society/research/spsw/covid-19-families-poverty/.  
112  Howard, M. (2018), Universal Credit and Financial Abuse: Exploring the Links, Women’s Budget Group, 

available at: https://wbg.org.uk/wp-content/uploads/2018/09/FINAL-full-report-financial-abuse-and-uc.pdf.  

113  Equality Act 2010, 1 October 2010, Section 29 provides, so far as relevant, that: 

(1) A person (a ‘service-provider’) concerned with the provision of a service to the public or a section of the 

public (for payment or not) must not discriminate against a person requiring the service by not 
providing the person with the service. 

(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)— 

(a) as to the terms on which A provides the service to B; 
(b) by terminating the provision of the service to B; 
(c) by subjecting B to any other detriment. 

(3) A service-provider must not, in relation to the provision of the service, harass— 

(a) a person requiring the service, or 

44 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

facilities or services’ the SD(NI)O (Article 30) will also regulate sex discrimination, though 
it will not trump primary legislative provisions to the contrary.  

There  are  no  known  conditions  regarding  affiliation  to  a  relevant  scheme  which  are 
different for men and for women. The retirement age for men and for women is now equal. 

  Personal scope 

Section 29 EqA, which regulates discrimination by public authorities, would apply to all the 
schemes referred to in that Article. The same is true of Article 30 SD(NI)O. 

  Material scope 

Section 29 EqA, which regulates discrimination by public authorities, would apply to all the 
schemes referred to in that Article. The same is true of Article 30 SD(NI)O. 

  Exclusions 

National law has applied the exclusions from the material scope as specified in Article 7 of 
Directive 79/7,  but  sex  discrimination  in  statutory  pensionable  age,  which  results  in 
discrimination in relation to other statutory benefits, has been phased out and ceased to 
exist  from  5  December  2018  (at  which  time  men  and  women  became  eligible  for  state 
pension payments at 65). The age for both men and women will then continue to rise and 
is expected to hit 69 in the late 2040s.  

  Actuarial factors 

Sex  is  not  used  as  an  actuarial  factor  in  social  security  schemes:  sex  discrimination  in 
statutory  pensionable  age,  which  results  in  discrimination  in  relation  to  other  statutory 
benefits, has been phased out and ceased to exist from 5 December 2018 (at which time 
men and women became eligible for state pension payments at 65). 

  Difficulties 

There are no difficulties of which the author is aware.  

  Evaluation of implementation 

The principle of equal treatment for men and women is generally respected (though it is 
possible that some rules may disparately impact on women or men, as explained above). 

  Remaining issues 

In R (Delve) v Secretary of State for Work and Pensions,114 the Court of Appeal confirmed 
that legislation raising the state pension age for women born on or after 6 April 1950, with 
the aim of equalising the state pension age between men and women, did not discriminate, 
directly or indirectly, against women, either on the ground of sex or age or a combination 

(b) a person to whom the service-provider provides the service. 

(4) A service-provider must not victimise a person requiring the service by not providing the person with 

the service. 

(5) A service-provider (A) must not, in providing the service, victimise a person (B)— 

(a) as to the terms on which A provides the service to B; 
(b) by terminating the provision of the service to B; 
(c) by subjecting B to any other detriment. 

(6) A person must not, in the exercise of a public function that is not the provision of a service to the public 
or a section of the public, do anything that constitutes discrimination, harassment or victimisation. See: 
https://www.legislation.gov.uk/ukpga/2010/15/contents. 

114  R (Delve) v Secretary of State for Work and Pensions [2020] EWCA Civ 1199. 

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Country report – Gender equality – United Kingdom – 2025 

of the two. The Court dismissed the arguments of the claimants that they had not received 
adequate  notice  of  the  change.  In  March  2024  the  Parliamentary  Ombudsman 
subsequently recommended that compensation be paid to the women affected because of 
a delay in writing to inform them of the changes in pension age, but in December 2024 
the Government declared that it did not intend to do so. The dispute is subject to ongoing 
campaigning by the group representing the women involved. 115  

115  See: https://waspi.co.uk/. 

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Country report – Gender equality – United Kingdom – 2025 

8 

Self-employed  workers  (Directive 2010/41/EU  and  some 
provisions of the Recast Directive) 116 

relevant 

  Implementation of Directive 2010/41/EU 

In  the  view  of  the  UK  Government,  no  new  measures  were  required  to  implement  the 
provisions  of  the  Directive,  save  in  the  case  of  Article 8.  The  Social  Security  (Maternity 
Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014 
and  the  materially  identical  Social  Security  (Maternity  Allowance)  (Participating  Wife  or 
Civil  Partner  of  Self-employed  Earner)  Regulations  (Northern  Ireland)  2014  came  into 
effect  on  1  April  2014.  The  Regulations  make  provision  for  the  payment  of  a  maternity 
allowance in line with the minimum requirements imposed by the Directive to the partners 
of  self-employed  workers  who  participate  in  their  partners’  self-employed  business  but 
who  do  not  receive  payment  in  respect  of  such  participation.  Whereas  assisting 
spouses/partners who  were paid  for their  efforts would have been  entitled to maternity 
allowance  prior  to  the  implementation  of  the  Regulations,  those  who  were  not  paid  for 
their  assistance  were  not.  Otherwise,  the  assumption  appears  to  be  that  self-employed 
workers are protected from sex discrimination in GB by the EqA and in NI by the SD(NI)O. 

  Personal scope 

8.2.1  Scope 

The employment protections of the Equality Act 2010 extend to those who are ‘under a 
contract  personally  to  do  work.’  This  may  exclude  some  self-employed  workers.  For 
example,  if  a  woman  contractor  finds  that  her  services  are  dispensed  with  when  she 
becomes pregnant, she will be unable to bring her claim within any provision of the EqA 
or the SD(NI)O if her contractual engagement does not impose on her a duty to provide 
her  services  personally  (as  distinct  from  a  duty  to  ensure  that  the  relevant  service  is 
provided). 

The Social Security Contributions and Benefits Act 1992,117 which establishes the general 
social security scheme in GB, defines ‘self-employed earner’ as persons who are ‘gainfully 
employed in Great Britain otherwise than in employed earner’s employment (whether or 
not [they are] also employed in such employment)’. Similar provision is made in NI by the 
Social Security Contributions and Benefits (Northern Ireland) Act 1992.118 

8.2.2  Definitions 

As  far  as  employment-related  protection  is  concerned  there  is  no  definition  of  self-
employment  or  the  self-employed;  the  relevant  question  concerns  the  extent  to  which 
such workers are recognised as falling within the broad concept of employment utilised in 
the  EqA  and,  in  NI,  by  the  SD(NI)O:  ‘employment  under  a  contract  of  employment,  a 
contract  of  apprenticeship  or  a  contract  personally  to  do  work’.119  The  decision  of  the 
Supreme Court in Jivraj v Hashwani120 would appear to deny the protection of the EqA and 
SD(NI)O  to  anyone  who  would  not  be  regarded  as  a  (subordinated)  ‘worker’  for  the 

116  See Barnard, C. and Blackham, A. (2015), Self-Employed: The implementation of Directive 2010/41 on the 
application of the principle of equal treatment between men and women engaged in an activity in a self-
employed capacity, European network of legal experts in gender equality and non-discrimination, available 
at: https://www.equalitylaw.eu/downloads/2732-self-employed-en.  
117  Social Security Contributions and Benefits Act 1992, 13 February 1992, 

http://www.legislation.gov.uk/ukpga/1992/4/contents/enacted.  

118  Social Security Contributions and Benefits (Northern Ireland) Act 1992, 13 February 1992, 

https://www.legislation.gov.uk/ukpga/1992/7/contents.  

119  Equality Act 2010, 1 October 2010, 

http://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf S83(2)(a) and the Sex 
Discrimination (Northern Ireland) Order 1976, https://www.legislation.gov.uk/nisi/1976/1042/introduction.  

120  Supreme Court, [2011] UKSC 40, 27 July 2011, available at: 

https://www.supremecourt.uk/cases/docs/uksc-2010-0170-judgment.pdf.  

47 

 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

purposes of EU law, unless (as in the case of contract workers, police officers, partners in 
firms, barristers and advocates) such persons are expressly covered by the legislation. 

8.2.3  Categorisation and coverage  

There are no legislative distinctions between different types of self-employed workers. The 
agricultural sector is treated the same as other sectors by the implementing Regulations 
(as by the EqA and SD(NI)O). 

8.2.4  Recognition of life partners 

The  Social  Security  (Maternity  Allowance)  (Participating  Wife  or  Civil  Partner  of  Self-
employed Earner) Regulations 2014 and the materially identical Social Security (Maternity 
Allowance)  (Participating  Wife  or  Civil  Partner  of  Self-Employed  Earner)  Regulations 
(Northern  Ireland)  2014  cover  life  partners  only  where  they  are  married  or  in  a  civil 
partnership.  

  Material scope 

8.3.1  Implementation of Article 4 of Directive 2010/41/EU 

The  UK  Government  took  the  view  at  the  time  that  no  implementing  measures  were 
required in addition to those taken to implement Article 4 of Directive 86/613/EEC.  

8.3.2  Material scope 

The  EqA  and  SD(NI)O  prohibit  sex  discrimination  in  access  to  employment,  vocational 
training and promotion and in working conditions; in access to and the provision of goods, 
facilities and services; in the disposal and management of premises; in education; in the 
exercise  of  public  functions;  and  by  associations  such  as  private  clubs.  The  combined 
material  scope  of  the  prohibitions  on  sex  discrimination  is  likely  to  capture  most  sex 
discrimination against the self-employed, but it is possible that lacunae  exist in view  of 
the  non-application  of  the  employment-related  provisions  to  self-employed  workers  not 
working  under  a  contract  ‘personally  to  execute  any  work  or  labour’.  It  is  possible,  for 
example, that a ‘freelance’ taxi driver will not be regarded as a relevant worker  for the 
purposes  of the  employment-related provisions of the EqA. If that taxi driver wished to 
complain of his or her ‘termination’ by a taxi firm s/he would have to argue that the taxi 
firm had refused to provide a ‘service’ or ‘facilities’ to the taxi driver, or that it amounted 
to an association from which she or he had been excluded. Such an argument might work 
in a particular case but it would turn on the facts of the individual case and it may be that 
some self-employed workers would fall through a gap, which would indicate that the level 
of protection may fall short of that set out in the Directive. 

  Positive action 

No  specific  measures  were  taken  with  respect  to  positive  action  in  response  to  the 
Directive.  The  EqA  already  makes  relatively  generous  provision  in  relation  to  positive 
action, though it permits rather than requires such, except (in the form of the Public Sector 
Equality Duty (PSED)) in the public sector. The scope for positive action in Northern Ireland 
is more limited (Article 5 of SD(NI)O) and the PSED also differs. 

  Social protection 

There  is  no  specific  system  of  social  protection  applicable  in  the  UK  to  self-employed 
workers.  In  the  case  of  some  benefits,  entitlement  to  social  protection  depends  on 
mandatory  contributions  made  through  National  Insurance  (paid  by  employees  and  the 
self-employed);  other  benefits  are  paid  irrespective  of  contributions,  in  which  case  the 

48 

 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

self-employed, together with employed persons and the economically inactive, are entitled 
by reason of need or other eligibility criteria. 

Dealing first with contributory benefits, self-employed workers make National Insurance 
contributions if their profits are in excess of approx. EUR 14 700 (GBP 12 570) per year. 
If they make sufficient contributions, they will be eligible for the basic (but not additional) 
state pension; contribution-based Employment and Support Allowance (payable to those 
unable to work by reason of disability) and maternity and bereavement allowances. Except 
in the case of share fishermen and volunteer development workers employed abroad, they 
will not be entitled to contribution-based Jobseeker’s Allowance. 

State  benefits  which  are  payable  irrespective  of  contributions  include  Child  Benefit; 
‘income-based’  (means-tested)  Jobseeker’s  Allowance;  ‘income-based’  Employment  and 
Support Allowance; Working Tax Credit and Child Tax Credit; Attendance Allowance and 
Disability Living Allowance; Carer’s Allowance; Severe Disablement Allowance; Industrial 
Injuries  Disablement  Benefit;  War  Widow’s  or  Widower’s  Pension;  Pension  Credit  and 
Universal Credit. The self-employed are  entitled to means-tested state benefits and are 
also  eligible  for  treatment  under  the  National  Health  Service,  which  is  dependent  on 
residence rather than contribution. 

Except in relation to maternity allowance for spouses / civil partners of the self-employed, 
no  amendments  were  made  to  the  system  in  response  to  Directive  2010/41.  The 
Explanatory Memorandum to the NI Regulations states that ‘[s]pouses and life partners 
referred to in Article 2(b) can access non-contributory means-tested social protection in 
their  own  right,  on  the  same  basis  as  other  persons  who  do  not  pay  contributions, 
depending on their circumstances and in accordance with UK law’.121  

There  are  no  schemes  in  the  UK  which  require  participation  in  the  form  of  payment  or 
otherwise  by  the  spouse  or  life  partner  of  the  self-employed,  whereas  the  payment  of 
National Insurance contributions is compulsory for the self-employed. 

  Maternity benefits 

The GB and NI Regulations both provide for payment of a maternity allowance based on 
the National Insurance contributions of women’s spouses or partners, where the woman 
is  not  otherwise  eligible  for  maternity  allowance  or  statutory  maternity  pay,  and  where 
she has participated in the self-employed activities engaged in by her spouse or partner, 
‘performing the same tasks  or ancillary tasks,  without being employed by S or being in 
partnership with S.’122 Maternity allowance in such cases is a flat rate of EUR 31 (GBP 27) 
a week for 14 weeks. This contrasts with the level of maternity allowance for those women 
who qualify in their own right, who are entitled to the lower of EUR 219 (GBP 184.03) a 
week or 90 % of their average weekly earnings for 39 weeks.  

The Explanatory Memorandum to the NI Regulations is silent as to whether Article 8(3)(a), 
(b) or (c) is relied upon, but the EUR 31 (GBP 27) per week level of payment is the same 
as  that  at  which  maternity  allowance  will  be  paid  to  a  woman  who  relies  on  her  own 
contributions, holds a small earnings exception for at least 13 weeks in the relevant period 
and has no other earnings. It must be questionable whether this can be said to amount to 
‘a sufficient maternity allowance enabling interruptions in their occupational activity owing 
to pregnancy or motherhood for at least 14 weeks’ as required in Article 8(1).  

121  Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-Employed Earner) 

Regulations (Northern Ireland) 2014, http://www.legislation.gov.uk/nisr/2014/102/regulation/2/ made and 
in England and Wales the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-
Employed Earner) Regulations 2014, https://www.legislation.gov.uk/uksi/2014/606/contents/made.  

122  Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-Employed Earner) 

Regulations (Northern Ireland) 2014, http://www.legislation.gov.uk/nisr/2014/102/regulation/2/made 
S2(5)(2)(a).  

49 

 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

The maternity allowance is mandatory in the sense that the woman is entitled to it as a 
matter of law, though she is not obliged to apply for it. It is paid by the state rather than 
by the woman’s partner and depends on the contributions of her partner. 

The  Explanatory  Memorandum  is  silent  as  to  how  it  is  said  that  the  NI  (or  materially 
identical GB) Regulations implement Article 8(4). It is to be presumed that the expectation 
is that self-employed spouses and partners, like everyone else, may avail themselves (if 
they  can  afford  so  to  do)  of  temporary/agency  workers  if  necessary.  This  would  not  as 
such be alternative to or part of the allowance. 

  Occupational social security 

8.7.1  Implementation of provisions regarding occupational social security 

The view was taken in GB and NI that no implementation was required. 

8.7.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

The view was taken that these were not applicable (because no transposition was deemed 
to be required at the time). 

  Prohibition of discrimination 

Article 14(1)(a) of the Recast Directive 2006/54 has been implemented in the UK, subject 
to  the  provisos  expressed  above  about  the  requirement  in  the  ‘employment’-related 
provisions of the EqA and SD(NI)O for ‘personal service’.  

In  NI,  the  SD(NI)O  covers  discrimination  in  relation  to  this  (broad)  definition  of 
employment  (Article 8),  in  relation  to  contract  workers  (Article 12),  by  agencies 
(Article 18), in relation to partners (Article 14), the conferring of qualifications (Article 16) 
and office holders (Article 13B). These provisions were relied on by the NI Government in 
its assessment that no transposing measures were required.123 The EqA contains similar 
provisions (Sections 39, 41, 55, 44-45, 53 & 49-50). 

  Evaluation of implementation 

There is a concern whether the lowest rate of maternity allowance is sufficient. Other than 
that, the level of protection is broadly in line with EU law, but not higher than that required 
by the Directive. 

 Remaining issues 

None. 

123  See: https://www.communities-ni.gov.uk/sites/default/files/publications/ofmdfm_dev/transposition-

table.pdf.  

50 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

9 

Goods and services (Directive 2004/113) 124 

  General (legal) context 

9.1.1  Specific  problems  of  discrimination 
market / collaborative economy 

in 

the  online  environment / digital 

The  Financial  Conduct  Authority  conducted  an  inquiry  in  2018  to  investigate  the  use  of 
differential  pricing  in  retail  household  insurance.  It  found  that  there  was  a  risk  of  firms 
‘discriminating against consumers through using rating factors in pricing based (directly 
or  indirectly)  on  data  (including  third  party  data)  relating  to  or  derived  from  protected 
characteristics’ (although the specific examples given related to race/ethnicity rather than 
gender).125 

9.1.2  Political and societal debate 

In  2017  the  Government  commissioned  a  report  on  Growing  the  Artificial  Intelligence 
Industry  in  the  UK.126  While  this  did  not  directly  address  issues  of  discrimination  and 
equality, it did stress the importance of diversity in growing the work force as a means to 
ensure  that  ‘algorithmic  biases  are  avoided  in  the  selection  of  training  data,  design  of 
algorithms  and  networks  and  delivery  of  products  and  services.’  (p.56).  Following  this 
report the 2018 Industrial Strategy White Paper127 identified Artificial Intelligence (AI) and 
Data as one of four ‘grand challenges’. This is the subject of an AI Sector Deal, last updated 
in  May  2019,  which  aims  to  realise  the  full  potential  of  AI  to  the  economy.128  The  key 
relevant  development  to  arise  from  the  White  Paper  was  the  creation  of  the  Centre  for 
Data Ethics and Innovation (CDEI) with a remit to review governance and to advise the 
Government on the ‘ethical and safe’ use of AI. 

At the end of 2021 the CDEI published a report on bias in algorithmic decision-making and 
made  a  number  of  recommendations  including:  that  the  Government  should  place  a 
mandatory  transparency  obligation  on  public  sector  organisations  using  algorithms  to 
make  significant  decisions  about  individuals;  and  that  the  Government  should  issue 
guidance  to  make  clear  that  the  Equality  Act  2010  applies  to  algorithmic  decision-
making.129 The Government has committed to working with relevant partners to address 
these issues. 

The Equality and Human Rights Commission has also published guidance on how public 
sector organisations can avoid discrimination when using AI.130 

124  See e.g. Caracciolo di Torella, E., Directive 2004/113EC on Gender equality in goods and services – In 

search of the potential of a forgotten Directive (2021), European network of legal experts in gender equality 
and non-discrimination, available at: https://www.equalitylaw.eu/downloads/5614-directive-2004-113-ec-
on-gender-equality-in-goods-and-services-in-search-of-the-potential-of-a-forgotten-directive-1-38-mb.  

125  Financial Conduct Authority (2018) Pricing practices in the retail general insurance sector: Household 

insurance (FCA, Thematic Review, TR18/4, October 2018) available at: 
https://www.fca.org.uk/publication/thematic-reviews/tr18-4.pdf.  

126  Hall, W. and Pesenti, J. (2017) Growing the Artificial Intelligence Industry in the UK available at: 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652097
/Growing_the_artificial_intelligence_industry_in_the_UK.pdf.  

127  HM Government (2018) Industrial Strategy: Building a Britain fit for the future (BEIS) available at: 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/664563
/industrial-strategy-white-paper-web-ready-version.pdf.  

128  See: https://www.gov.uk/government/publications/artificial-intelligence-sector-deal/ai-sector-deal. 
129  See: https://www.gov.uk/government/publications/cdei-publishes-review-into-bias-in-algorithmic-decision-

making. 

130  See: https://www.equalityhumanrights.com/guidance/artificial-intelligence-public-services. 

51 

 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

  Prohibition of direct and indirect discrimination 

National law prohibits direct and indirect discrimination, in GB by reason of Section 29 EqA 
and in NI by Article 30 SD(NI)O. 

  Material scope 

The national provisions are broader than specified in Article 3 of Directive 2004/113. The 
EqA in GB and the SD(NI)O in NI cover ‘facilities’ as well as goods and services and do not 
require that services are of a nature which would generally be paid for. The application of 
the prohibition on discrimination in relation to services covers transport without restriction. 

  Exceptions 

No exceptions as specified in Article 3(3) of Directive 2004/113 are applied in national law.  

  Justification of differences in treatment  

In  GB  the  EqA  provides  (Schedule  3  Part  7)  exceptions  from  the  prohibition  on  sex 
discrimination in relation to separate services for the sexes and single-sex services subject 
to  considerations  of  proportionality.  In  NI  the  SD(NI)O  provides  limited  exceptions  for 
small dwellings (Article 33), and in relation to political parties (Article 34) and voluntary 
bodies  (Article 35),  the  purpose  of  Articles 34  and  35  being  largely  to  permit  positive 
action.  Article 36  also  allows  exceptions  designed  to  protect  privacy  and  decency  in 
circumstances where personal care and/or healthcare is being provided or service users 
will be in a state of undress, as well as exceptions designed to protect religious freedom. 

  Actuarial factors 

In  GB  Schedule  3,  Paragraph  23  EqA  allows  sex  discrimination  resulting  from  actuarial 
factors in relation (only) to insurance contracts entered into prior to (and not renewed or 
reviewed since) December 2012. 

  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

The EqA has been amended from December 2012 to remove the actuarial exception which 
applied prior to that date in relation to sex discrimination. This amendment was a response 
to  the  ruling  in  Test-Achats.131  In  NI  similar  amendments  were  made  by  the  Sex 
Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2012. 

  Positive action measures (Article 6 of Directive 2004/113) 

No positive action measures in relation to access to and the supply of goods and services 
have been adopted in NI, though in GB the positive action provision (Section 148 EqA) is 
of general application and so could allow positive action in relation to access to goods and 
services where there was particular need, under-representation, etc. 

  Specific problems related to pregnancy, maternity or parenthood 

The  author  is  not  aware  of  any  specific  problems  of  discrimination  on  the  grounds  of 
pregnancy, maternity and parenthood in relation to the access to and the supply of goods 
and services. 

131  CJEU, C-236/09, Association Belge des Consommateurs Test-Achats and Others, 1 March 2011. Available 

at: http://curia.europa.eu/juris/liste.jsf?td=ALL&language=en&jur=C,T,F&parties=test%20achats.  

52 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

 Evaluation of implementation 

In the author’s view the legislation is consistent with EU law. 

 Remaining issues 

None. 

53 

 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

10  Violence  against  women  and domestic violence  in  relation to  the Istanbul 
Convention  and  the  Violence  Against  Women  Directive  (Directive  (EU) 
2024/1385)132 

 General (legal) context with regard to the obligation set out by the Istanbul 
Convention 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

In 2021 the Women and Equalities Committee conducted an inquiry - ‘Preventing Violence 
against Women and Girls’ - which identified specific areas for further focus, now subject 
to individual, ongoing, inquiries. These include: pornography and its impact on violence 
against women and girls; misogyny in the music industry; and attitudes towards women 
and  girls  in  an  educational  setting.133  There  have  also  been  a  number  of  inquiries  into 
sexual harassment in recent years. 

The charity/campaigning organisation Women’s Aid produces an annual audit on domestic 
abuse  which  gives  an  overview  of  the  domestic  abuse  support  services  available  in 
England, including provision and usage.134 

The Office for National Statistics publishes data and research on violence against women 
and girls.135 

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

In GB there is a combination of civil and criminal law provision:  

The Domestic Abuse Act received Royal Assent on 29 April 2021.136 Key provisions in the 
Act include:  

- 

- 
- 

a  statutory  definition  (for  the  first  time)  of  domestic  abuse,  emphasising  that 
domestic abuse is not just physical violence, but can also be emotional, coercive or 
controlling, and economic abuse; 
establishment of the office of Domestic Abuse Commissioner; and 
provision for a new Domestic Abuse Protection Notice and Domestic Abuse Protection 
Order. 

The  Family  Law  Act  1996137  Part  IV  deals  with  non-molestation  orders  and  occupation 
orders  (for  property),  both  of  which  can  have  power  of  arrest  attached  if  they  are 
breached. The Domestic Violence Crime and Victims Act 2004138 broadened the availability 

132  See for more information: Nousiainen, K. and Chinkin, C. (2015), Legal implications of EU accession to the 

Istanbul Convention, European network of legal experts in gender equality and non-discrimination, available 
at: https://www.equalitylaw.eu/downloads/3794-legal-implications-of-eu-accession-to-the-istanbul-
convention; and De Vido, S., Sosa, L. (2021) Criminalisation of gender-based violence against women in 
European States, including ICT-facilitated violence, European Commission, available at: 
https://www.equalitylaw.eu/downloads/5535-criminalisation-of-gender-based-violence-against-women-in-
european-states-including-ict-facilitated-violence-1-97-mb.  

133  See: https://committees.parliament.uk/work/1605/preventing-violence-against-women-and-girls/. 
134  Women’s Aid (2022), The Domestic Abuse Report 2022: The Annual Audit, Bristol, Women’s Aid, available 

at: https://www.womensaid.org.uk/evidence-hub-the-domestic-abuse-report-2022/.  

135  See: 

https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/articles/violenceagainstwomenan
dgirls/researchupdatenovember2022.  

136  Domestic Abuse Act 2021, 29 April 2021, available at: 

https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted.  

137  Family Law Act 1996, 4 July 1996, https://www.legislation.gov.uk/ukpga/1996/27/contents.  
138  Domestic Violence, Crime and Victims Act 2004, 15 November 2004, available at: 

https://www.legislation.gov.uk/ukpga/2004/28/section/5.  

54 

 
 
 
 
 
 
 
 
 
 
 
Country report – Gender equality – United Kingdom – 2025 

of those protections to include same-sex and cohabiting couples (and made breach of a 
non-molestation order a criminal offence). 

The Protection from Harassment Act 1997 139 gives both criminal and civil remedies. There 
are two criminal offences: pursuing a course of conduct amounting to harassment and a 
more  serious  offence  where  the  conduct  puts  the  victim  in  fear  of  violence.  There  are 
special  provisions  to  cover  harassment  targeting  two  or  more  people  to  persuade  (for 
example  certain  kinds  of  protest  action  against  companies)  and  harassment  of  an 
individual carried out by two or more people. A civil court can impose civil injunctions in 
harassment cases as well as awarding damages to the victim for the harassment. Breach 
of such an injunction is a criminal offence. In 2012 the coalition Government added two 
specific criminal offences of stalking to the 1997 Act following widespread concern that the 
Act was not dealing adequately with this problem.  

Scotland is covered by separate sections in the 1997 Act. Key differences are that they do 
not  provide  for  a  specific  criminal  offence  of  harassment  (although  the  police  could 
prosecute perpetrators using the common law offence of breach of the peace) and there 
are special rules for harassment amounting to domestic abuse, where conduct on just one 
occasion can count.  

Crime and Security Act 2010,140 Section 24: domestic violence protection notice (DVPN) – 
issued by police, for 48 hours; and under Section 28: domestic violence protection order 
(DVPO) – issued by magistrates for 28 days where actual harm and breach is an arrestable 
offence.  

Section 76  of  the  Serious  Crime  Act  2015141  came  into  force  in  December  2015;  it 
criminalises  patterns  of  coercive  or  controlling  behaviour  where  they  are  perpetrated 
against an intimate partner or family member. Several other criminal offences can apply 
to cases of domestic violence. These range from murder, rape and manslaughter through 
to assault and threatening behaviour. 

The Domestic Violence Disclosure Scheme is a non-statutory scheme and was introduced 
in  2014.142  The  scheme  is  based  on  the  common-law  power  of  the  police  to  disclose 
information where this is necessary to prevent crime. It allows an individual, where they 
have  concerns  that  their  partner  has  a  history  of  abusive  behaviour,  to  make  enquiries 
confidentially to police. This enables them to make an informed choice about an existing 
personal relationship.  

In NI143 the Domestic Abuse and Civil Proceedings Act (NI) 2021 (which came into force 
in  February  2022)  creates  a  new  offence  of  domestic  abuse  (which  includes  coercive 
control)  and  includes  provisions  on  procedure  and  evidence  in  both  criminal  and  civil 
proceedings. 

139  Protection from Harassment Act 1997, 21 March 1997, available at: 

https://www.legislation.gov.uk/ukpga/1997/40/contents.  

140  Crime and Security Act 2010, 8 April 2010, available at: 

https://www.legislation.gov.uk/ukpga/2010/17/contents.  

141  Serious Crime Act 2015, 3 March 2015, available at: 

http://www.legislation.gov.uk/ukpga/2015/9/contents/enacted.  

142  Government guidance is available at: 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/575361
/DVDS_guidance_FINAL_v3.pdf. For details of the scheme in Scotland see Disclosure Scheme for Domestic 
Abuse Scotland - Police Scotland.  

143  For discussion of the differences in approach – not outlined in detail here – see Doyle, J. and McWilliams, M. 
(2018), ‘Transforming Responses to Domestic Violence in a Politically Contested Environment: The Case of 
Northern Ireland’, in feminists@law, Vol 9, No 1 (2019) available at: 
https://journals.kent.ac.uk/index.php/feministsatlaw/article/view/744/1459.  

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Country report – Gender equality – United Kingdom – 2025 

The following are other key pieces of legislation, again a mix of criminal and civil provision:  

The Online Safety Act 2023, due to come into force in 2026, will increase protection against 
online harms. It is discussed in more detail below under Section 10.2.2. 

The Northern Ireland Housing Executive (1988) policy gives survivors of domestic abuse 
priority for re-housing. 

The  Protection  from  Harassment  (NI)  Order  1997144  Northern  Ireland  has  very  similar 
provisions  to  those  sections  of  the  Protection  from  Harassment  Act  which  extend  to 
England and Wales. Key differences are: the Order does not include the specific stalking 
offences and does not include the special provisions for harassment of two or more people, 
or for harassment of an individual by two or more people. 

Other relevant acts are: 

- 
- 
- 
- 
- 
- 
- 
- 

the Family Homes and Domestic Violence (NI) Order 1998;145 
the Protection of Children and Vulnerable Adults (NI) Order 2003;146 
the Domestic Violence, Crime and Victims Act 2004;147 
Law Reform (Misc. Provision) NI Order 2005 (allows cohabitees to be protected);148 
the Forced Marriage (Civil Protection) Act 2007;149 
Sexual Offences (NI) Order 2008;150 
Domestic Abuse (Scotland) Act 2018;151 and 
Domestic  Violence  and  Abuse  Disclosure  Scheme  (similar  to  that  available  in  GB) 
was introduced in 2018.152 

10.1.3 Political and societal debate 

The new Labour Government has announced its intention to take further steps to reduce 
violence  against  women  and  girls  and  is  piloting  a  scheme  to  embed  domestic  abuse 
specialists in 999 (emergency) control rooms. 

 General context with regard to the obligation set out by the Violence Against 
Women Directive 

10.2.1 Preparatory transposition work  

This is not applicable for the UK.  

144  Protection from Harassment (NI) Order 1997, 8 April 1997, 
http://www.legislation.gov.uk/nisi/1997/1180/contents.  

145  Family Homes and Domestic Violence (NI) Order 1998, 22 April 1998, 
https://www.legislation.gov.uk/nisi/1998/1071/contents/made.  

146  Protection of Children and Vulnerable Adults (NI) Order 2003, 27 February 2003, 

https://www.legislation.gov.uk/nisi/2003/417/contents.  

147  Domestic Violence, Crime and Victims Act 2004, 15 November 2004, 

https://www.legislation.gov.uk/ukpga/2004/28/contents.  
148  Law Reform (Misc. Provisions) (NI) Order 2005, 7 June 2005, 
http://www.legislation.gov.uk/nisi/2005/1452/contents.  
149  The Forced Marriage (Civil Protection) Act 2007, 26 July 2007, 
https://www.legislation.gov.uk/ukpga/2007/20/contents.  

150  Sexual Offences (NI) Order 2008, 9 July 2008, https://www.legislation.gov.uk/nisi/2008/1769/contents.  
151  Domestic Abuse (Scotland) Act 2018, 9 March 2018, https://www.legislation.gov.uk/asp/2018/5.  
152  See Department of Justice (2018), Domestic Violence and Abuse Disclosure Scheme Northern Ireland 

(DVADS NI) guidance at: https://www.justice-ni.gov.uk/sites/default/files/publications/justice/Domestic-
violence-and-abuse-disclose-scheme.pdf.  

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10.2.2 National provisions on cyber violence  

The  Online  Safety  Act  2023,  due  to  come  into  force  in  2026,  aims  to  increase  online 
protection for both children and adults. It includes new duties on social media companies 
and search services, making them more responsible for users’ safety on their platforms. 
These  include  obligations  to  implement  systems  and  processes  to  reduce  risks  their 
services  are  used  for  illegal  activity  and  to  take  down  illegal  content  when  it  does 
appear. Platforms  will  be  required  to  prevent  children  from  accessing  harmful  and  age-
inappropriate content and to provide parents and children with clear and accessible ways 
to report problems online when they do arise. 

Additional  relevant  laws  include  (depending  on  the  circumstances  of  the  claim)  the 
Protection from Harassment Act 1997; 153 Criminal Justice and Public Order Act 1994; 154 
Malicious  Communications  Act  1988; 155  Communications  Act  2003; 156  Criminal  Justice 
and  Licensing  Scotland  Act  2010;157  and  the  Defamation  Act  2013. 158  The  Crown 
Prosecution  Service  has  published  guidance  on  prosecuting  cases 
involving 
communications sent via social media. 159 

 Ratification of the Istanbul Convention 

The  UK  ratified  the  Convention  (reserving  Article 59)  on  1  November  2022.  The 
Government  explained  that  this  would  be  its  approach  pending  evaluation  of  the  pilot 
Support for Migrant Victims Scheme, having rejected proposed amendments to strengthen 
the  rights  of  migrants  under  the  Domestic  Abuse  Act  2021.  There  is  concern  that  this 
approach leaves some of the most vulnerable victims without adequate protection. 

153  Protection from Harassment Act 1997, 21 March 1997, 

https://www.legislation.gov.uk/ukpga/1997/40/contents.  

154  Criminal Justice and Public Order Act 1994, 3 November 1994, 

https://www.legislation.gov.uk/ukpga/1994/33/contents.  

155  Malicious Communications Act 1988, 29 July 1988, 

https://www.legislation.gov.uk/ukpga/1988/27/contents.  

156  Communications Act 2003, 17 July 2003, http://www.legislation.gov.uk/ukpga/2003/21/contents.  
157  Criminal Justice and Licensing (Scotland) Act 2010, 6 August 2010. 

https://www.legislation.gov.uk/asp/2010/13/contents.  

158  Defamation Act 2013, 26 April 2013, http://www.legislation.gov.uk/ukpga/2013/26/contents/enacted.  
159  See Crown Prosecution Service (2018), Social Media - Guidelines on prosecuting cases involving 

communications sent via social media, at: https://www.cps.gov.uk/legal-guidance/social-media-guidelines-
prosecuting-cases-involving-communications-sent-social-media.  

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11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

 General (legal) context 

11.1.1 Issues related to the pursuit of a discrimination claim 

The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012160 introduced 
funding cuts to legal aid and resulted in fewer people being able to access legal advice and 
representation. In 2018 a report by the EHRC looked at how LASPO has negatively affected 
people’s lives and access to justice in three areas of law – focussing on employment law 
(as well as family law and welfare benefits law).161 It concluded that ‘[i]n all areas of law, 
participants reported financial, social, emotional, physical and mental health impacts.’162 

Changes  to  the  provision  of  legal  aid  are  discussed  below.  Other  reforms  to  the  justice 
system  include  an  ongoing  programme  of  reform  that  would  see  attendance  at  court 
largely replaced by digital alternatives such as online courts and virtual hearings. 163 At the 
end of 2023 the Court Service published data to show increased use of digital services. 164 

11.1.2 Political and societal debate and pending legislative proposals 

There have been a number of recent reviews of the legal aid system. In 2019 the Ministry 
of  Justice  published  an  evidence-based  review  of  LASPO  in  which  it  acknowledged 
difficulties individuals faced in getting access to justice and committed to further work to 
improve this.165 In the  same year, a report by the EHRC examined the extent to which 
victims of discrimination are able to obtain access to justice through the provision of legal 
aid  and  concluded  that  vulnerable  individuals  are  not  adequately  supported  to  bring 
claims.166 It welcomed the Government’s commitment to take action. In 2021 the House 
of Commons Justice Committee undertook a review of both criminal and civil legal aid and 
made a number of recommendations. 167 The Government response to this report in 2022 
agreed to a number of changes, including improving the operation of means testing and 
significantly increasing the thresholds for eligibility.168 A pilot for provision of early legal 
help has also been implemented in some areas. 

The Women and Equalities Committee held an inquiry in June 2019 into the use of non-
disclosure agreements (NDAs) in discrimination claims and found evidence that these can 

160  Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012, 1 May 2012, 

http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted.  

161  Organ, J. and Sigafoos, J. (2018) The impact of LASPO on routes to justice, Equality and Human Rights 

Commission, p. 52, available at: https://www.equalityhumanrights.com/sites/default/files/the-impact-of-
laspo-on-routes-to-justice-september-2018.pdf.  

162  Organ and Sigafoos (2018), p. 53.  
163  See Ministry of Justice and HM Courts and Tribunals Services (2018), Fit for the future: transforming the 

Court and Tribunal Estate, available at: https://consult.justice.gov.uk/digital-communications/transforming-
court-tribunal-estate/supporting_documents/hmctsstrategyapproachconsultation.pdf. For the Commission’s 
response to the consultation on these proposals see Equality and Human Rights Commission (2018), 
Response to the consultation on transforming the court and tribunal estate, available at: 
https://www.equalityhumanrights.com/sites/default/files/reponse_to_the_consultation_on_the_strategy_to
_transform_the_courts_and_tribunal_estate.pdf.  

164  See: https://www.gov.uk/guidance/the-hmcts-reform-programme. 
165  See: https://www.gov.uk/government/publications/post-implementation-review-of-part-1-of-laspo; Ministry 
of Justice (2019), Post-Implementation Review of Part 1 of the Legal Aid, Sentencing and Punishment of 
Offenders Act 2012 (LASPO), February 2019, 
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777038
/post-implementation-review-of-part-1-of-laspo.pdf.  

166  EHRC (June 2019), Access to legal aid for discrimination cases, available at: 

https://www.equalityhumanrights.com/sites/default/files/access-to-legal-aid-for-discrimination-cases-our-
legal-aid-inquiry.pdf.  

167  House of Commons, Justice Committee, The Future of Legal Aid, Third Report of Session 2021–22, (HC 70), 
27 July 2021, available at: https://committees.parliament.uk/publications/6979/documents/72829/default/.  

168  See: https://committees.parliament.uk/publications/28672/documents/172658/default/.  

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Country report – Gender equality – United Kingdom – 2025 

be  used  to  cover  up  unlawful  discrimination  and  harassment.  The  Government  has 
committed to introducing reforms that would prevent employers from misusing NDAs but 
no details are currently available.169  

11.1.3 Gender mainstreaming 

The  Equality  Act  2010,  Section 149,  imposes  obligations  on  public  authorities,  in  the 
exercise of their functions, to have due regard to eliminate conduct prohibited by the Act 
and to advance equality. Many public authorities are also subject to the Equality Act 2010 
(Specific  Duties)  Regulations  2011  which  require  them  to  set  equality  objectives  and 
publish equality information. The duty is enforced by the EHRC and may also be enforced 
by judicial review by individuals or groups. The EHRC has published relevant guidance and 
recommendations for public authorities on complying with the duty.170 

 Victimisation 

Provisions  on victimisation are implemented in national legislation: in  GB by Section 27 
EqA and in NI by Article 6 SD(NI)O. Section 27 EqA prohibits the subjection of a person to 
detriment because that person has (broadly) complained of, or been involved in litigation 
in relation to, an act of discrimination (or because it is thought that they have or might 
complain  or  be  so  involved).  In  NI,  Article 6  of  the  SD(NI)O  prohibits  less  favourable 
treatment on the same grounds. In the author’s view the GB provision complies with the 
Directive,  whereas  the  requirement  in  NI  for  less  favourable  treatment  may  not  be 
compliant because it requires a comparator.  

 Access to courts 

11.3.1 Difficulties and barriers related to access to courts 

There are statutory time limits for initiating complaints of discrimination (three months for 
employment-related cases and six months in the county/sheriff court, though the court or 
tribunal  may  consider  an  application  submitted  outside  these  time  limits  if  in  all  of  the 
circumstances it considers that it is just and equitable to do so). The Employment Rights 
Bill  will  extend  the  time  limits  for  claims  relating  to  employment  discrimination  to  six 
months.171 Claimants in employment tribunals had been required to pay fees in advance 
of  hearing,  and  employment  claims  reduced  dramatically  following  the  introduction  of 
these  fees.172  However,  these  fees  were  abolished  in  2017  following  a  successful  legal 
challenge  brought  by  UNISON  (a  trade  union).  Since  fees  were  abolished,  claims  to 
employment tribunals have risen again (with some disruption due to COVID-19) but are 
not yet back to the levels seen before the fees were introduced.173  

Employment tribunals do not normally order the unsuccessful party to pay the costs of the 
winner,  though  a  tribunal  may  order  costs  against  a  party  who  has  acted  ‘vexatiously, 

169  House of Commons, Women and Equalities Committee (2019), The Use of Non-Disclosure Agreements in 

Discrimination Cases, Ninth Report of Session 2017-9, available at: 
https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-
committee/inquiries/parliament-2017/nda-inquiry-17-19/; 
https://committees.parliament.uk/committee/328/women-and-equalities-
committee/news/102124/government-response-on-nondisclosure-agreements-published/.  

170  See: https://www.gov.uk/government/publications/public-sector-equality-duty-guidance-for-public-

authorities/public-sector-equality-duty-guidance-for-public-authorities. 

171  See: https://bills.parliament.uk/bills/3737/publications. 
172  According to official statistics, October to December 2015: 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/506487/tribunals-gender-
recognition-stats-oct-dec-2015.pdf.  

173  See: https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-october-to-december-2022 

(Annex C).  

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Country report – Gender equality – United Kingdom – 2025 

abusively, disruptively or otherwise unreasonably’,174 or whose bringing or conduct of the 
proceedings  is  ‘misconceived’,  i.e.  has  no  reasonable  prospect  of  success.  It  may  be 
difficult  for  unrepresented  claimants  to  know  if  their  case  is  ‘misconceived’.  In  the 
county/sheriff  court,  with  few  exceptions,  an  unsuccessful  applicant  will  be  ordered  to 
meet the  costs  of the  respondent. It is difficult to  overstate how  much of a barrier this 
places in practice to litigation.  

Although the abolition of fees is to be commended, it is important to note that access to 
justice  in  this  context  was  an  issue  before  the  fees  were  introduced  and  research  has 
consistently revealed that the majority of people who consider they have been victims of 
unlawful  discrimination  or  harassment  are  very  slow  to  seek  legal  redress.  The  main 
reasons are generally lack of confidence that they will be believed or fear that they will 
face some form of retaliation or victimisation.175  

A final barrier for discrimination claimants is the lack of skilled, experienced advice and 
assistance. Discrimination law is increasingly complex. Not only is most of the evidence in 
the hands of the respondent, but, in most cases, the respondent will have access to legal 
or other professional advice and representation; without comparable access to skilled case 
preparation and representation, complainants are far less likely to succeed.  

Particularly  noteworthy  are  the  findings  of  a  national  inquiry  on  pregnancy-related 
discrimination in the UK (regarding access to justice), which found that less than a third 
of those who experience pregnancy- or maternity-related discrimination – 28 % (54 000 
women  annually)  –  discuss  the  issue  with  their  employer  and  only  3 %  make  a  formal 
complaint.176 A 2016 inquiry conducted by the House of Commons Women and Equalities 
Committee discussed this ‘enforcement gap’, noting how the burden always rests with the 
individual complainants, and concluded that the Government has a ‘clear responsibility to 
ensure that pregnancy and maternity discrimination laws are better enforced.’177 Similar 
findings are reported in NI.178  

In  the  UK,  associations/organisations / trade  unions  are  not  entitled  to  act  on  behalf  of 
victims  of  discrimination.  Associations  may  support  and  assist,  but  may  not  engage  in 
litigation on behalf of, victims of discrimination and may not speak on the victim’s behalf, 
much  less  stand  in  his  or  her  shoes  for  the  purposes  of  any  claim.  Further,  as  regards 
judicial review proceedings, any legal or natural person with ‘sufficient interest’ in a matter 
may bring a claim whether in NI, England and Wales or Scotland; the exact approaches to 
judicial review vary across these jurisdictions but the test for standing is materially similar. 

11.3.2 Availability of legal aid 

No legal aid is available in employment tribunals. 

In  theory  legal  aid  may  be  available  in  the  county  courts,  sheriff  courts  and  Courts  of 
Session  (in  Scotland)  and  for  judicial  review  applications  in  the  High  Court,  but  the 
limitations on cases in which such aid is available, the very low income thresholds below 

174  Employment Tribunal Rules of Procedure 2013, Schedule 1 S.76(1)(a), The Employment Tribunals Rules of 

Procedure 2013: (as subsequently amended up to 6th October 2021) (publishing.service.gov.uk). 
175  Aston, J., Hill, D., Tackey, N. (2006), The Experience of Claimants in Race Discrimination Employment 
Tribunal Cases, Department of Trade and Industry, Employment Relations Research Series, ERRS55. 
176  Equality and Human Rights Commission and Department of Business, Innovation and Skills (2016), 

Pregnancy and Maternity Related Discrimination and Disadvantage: Experiences of Mothers, available at: 
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509501/BIS-16-146-
pregnancy-and-maternity-related-discrimination-and-disadvantage-experiences-of-mothers.pdf at p. 145.  

177  House of Commons Women and Equalities Committee (2016), Pregnancy and Maternity Discrimination: 

Final Report of Session 2016-17, available at: 
https://www.publications.parliament.uk/pa/cm201617/cmselect/cmwomeq/90/90.pdf at p. 44. 

178  See Equality Commission for Northern Ireland, Expecting Equality, at: 

http://www.equalityni.org/ECNI/media/ECNI/Publications/Delivering%20Equality/Expecting_Equality-
PregnancyInvestigation-FullReport.pdf.  

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which it is available and the restrictions on legal aid in public law challenges are such that 
it is of extremely limited assistance to prospective claimants. 

 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

N/A. 

11.4.2 Impact of horizontal direct effects of the charter after Bauer  

N/A. 

 Burden of proof 

A  shift  of  the  burden  of  proof  is  provided  for,  in  GB  by  Section 136  EqA  and  in  NI  by 
Articles 63A and 66A SD(NI)O. In both GB and NI the legislation provides that, once the 
claimant  has  (on  the  balance  of  probabilities)  established  facts  from  which  a  court  or 
tribunal  could,  in  the  absence  of  any  other  explanation,  conclude  that  unlawful 
discrimination  occurred,  the  court  or  tribunal  must  conclude  that  the  discrimination  did 
occur unless the person alleged to have discriminated shows that he or she did not.  

 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

Under EqA Section 124 an employment tribunal may, if it finds that unlawful discrimination 
has occurred, make a declaration as to the rights of the claimant and the respondent in 
relation to the matters to which the proceedings relate. It may also order the respondent 
to pay compensation to the complainant and/or may make a recommendation that within 
a specified period the respondent takes specified steps to obviate or reduce the adverse 
effect on the claimant of the discrimination which has been established. Similar provision 
is made in NI by Article 64 of the SD(NI)O. Outside the employment sphere a court may 
award compensation and may require or prohibit action on the part of the discriminator 
(Section 119 EqA, Article 66 SD(NI)O). 

11.6.2 Effectiveness, proportionality and dissuasiveness 

Remedies  meet  this  standard;  however,  the  difficulty  lies  in  access  to  the  courts  and 
tribunals in the first place. 

 Equality body  

In GB the Equality and  Human Rights  Commission covers discrimination related to sex, 
gender reassignment, pregnancy and maternity, married and civil partner status, also age, 
disability,  race,  religion/belief  and  sexual  orientation.179  The  Commission  has  devolved 
authorities in Wales and in Scotland. In NI the Equality Commission for Northern Ireland 
(ECNI) is responsible for the same protected characteristics. 180 

Both  Commissions  have  the  competence  (if  not  necessarily  the  resources)  to  provide 
independent  assistance  to  victims,  to  conduct  independent  surveys  and  to  publish 
independent reports. The Commissions have the power to issue non-discrimination notices 
on completion of formal investigations into discrimination. In practice, these competences 

179  See: http://www.equalityhumanrights.com.  
180  See: http://www.equalityni.org/Home.  

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are  exercised  in  an  independent  manner,  although  constraints  on  funding  in  particular 
have resulted in increasing limitations on the functioning of the EHRC. 

In  July  2019  the  Women  and  Equalities  Committee  published  a  report,  Enforcing  the 
Equality Act: the law and role of the Equality and Human Rights Committee. 181 In calling 
for a fundamental shift in the burden of enforcement away from the individual, it concludes 
that the EHRC needs to refocus its work, ‘overcome its timidity and be bolder in using the 
existing powers that only it has; increasing its own enforcement activity; and doing so in 
a strategic way that acts as a multiplier across entire sectors in the longer term.’ 

The Employment Rights Bill includes provisions to create a Fair Work  Agency which will 
have powers to take enforcement action in respect of a range of employment matters. The 
details are yet to be determined.182 

 Social partners  

Social partners do not play a role in setting equality standards, other than the actions of 
trade unions in facilitating and supporting actions by members. Trade  Unions have also 
played a significant role in relevant litigation, perhaps most notably in R (Unison) v Lord 
Chancellor [2017] UKSC 51 (leading to the abolition of employment tribunal fees).  

There are no legislative provisions in this respect. 

 Other relevant bodies 

There are no other relevant bodies in the UK involved directly in the enforcement of gender 
equality laws, although there are active charities (e.g. Working Families, Maternity Action, 
Fawcett  Society)  that  offer  support/advice  and  occasionally  intervene  in  litigation  (see 
Capita Customer Management Ltd v Ali).183  

  Evaluation of implementation 

In the author’s view the legislation complies with EU law. However, the key issues here 
relate  to  access  to  justice,  which  is  increasingly  restricted  by  budget  cuts  and  other 
reforms. Overall, the fact that enforcement of rights remains an individual endeavour in 
the UK is hugely problematic.  

  Remaining issues 

None. 

181  House of Commons, Women and Equalities Committee (2019) Enforcing the Equality Act: law and the role 

of the Equality and Human Rights Commission, Tenth Report of Session 2017-2019, available at: 
https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-
committee/news-parliament-2017/equality-act-role-of-ehrc-report-published-17-19/.  

182  See: https://bills.parliament.uk/bills/3737/publications. 
183  Court of Appeal, [2019] EWCA Civ 900, Capita Customer Management Ltd v Ali, 24 May 2019, available at: 

https://www.bailii.org/ew/cases/EWCA/Civ/2019/900.html. See also EAT decision at: 
https://assets.publishing.service.gov.uk/media/5acdf65b40f0b617df3357d4/Capita_Customer_Management
_Ltd_v_1__Mr_M_Ali_2__Working_Families__Intervenor__UKEAT_0161_17_BA.pdf.  

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12  Overall assessment  

UK legislation broadly complies with EU law but there remain a number of specific issues. 
A number of concerns are due to be addressed – at least to some extent - by legislation 
which will come into force in 2024. In addition, there are broader, overarching, issues with 
enforcement. Specific issues include: 

- 

- 

- 

important  weaknesses  in  legal  protection  for  migrant  women  who  are  victims  of 
domestic violence; 
lack  of  significant  take  up  of  parental  leave  by  fathers  under  the  Shared  Parental 
Leave provisions; and 
some remaining weaknesses in the regulation of pay transparency. 

A number of concerns have been addressed, at least to some extent, through legislation 
which  came  into  force  in  2024,  although  it  is  too  soon  to  assess  the  impact  of  these 
changes. They include: 

- 

- 

- 

- 

the creation of a statutory duty on employers to take reasonable steps to prevent 
harassment  in  the  workplace,  enforceable  by  the  Equality  and  Human  Rights 
Commission; 

the introduction of Carers’ Leave (up to one week of unpaid leave every 12 months); 

the extension of rights for workers who are pregnant or have taken maternity leave 
under  The  Protection  from  Redundancy  (Pregnancy  and  Family  Leave  Act)  2023 
(although this falls short of an absolute prohibition on the dismissal  of employees 
who are pregnant or who are on or have recently returned from maternity or parental 
leave; and 

codification,  through  The  Equality  Act  2010  (Amendment)  Regulations  2023  of  a 
number of EU-derived discrimination protections not already contained in legislation 
including the ‘single source’ test for establishing a comparator in an equal pay claim; 
confirmation  that  discrimination  in  employment  because  of  breastfeeding  is  sex 
discrimination; and the right to claim indirect discrimination by association. 

Perhaps  the  most  important  overall  area  of  concern  remains  enforcement.  A  lack  of 
substantial  resources  undermines  the  ability  of  the  EHRC  to  enforce  positive  duties 
(including  the  new  statutory  duty  to  prevent  harassment)  and  leaves  the  burden  of 
enforcement to individuals through employment tribunals. There are persistent significant 
barriers to individual enforcement including a lack of free or funded legal advice (and the 
limited resources available to the EHRC to assist.) It will be helpful if the proposed Fair 
Work Agency has broad jurisdiction to take enforcement action. It is possible that this will 
include matters relating to work-life balance, for example, although it may well exclude 
matters, including discrimination, where the EHRC currently has powers.184  

184  See: https://assets.publishing.service.gov.uk/media/67125ae0e94bb9726918ee38/fair-work-agency.pdf. 

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Barmes,  L.  (2023),  ‘Silencing  at  work:  Sexual  harassment,  workplace  misconduct 
and NDAs’, Industrial Law Journal, Vol. 52(1), March 2023, pp. 68–106. 

Busby, N. (2018), ‘The evolution of gender equality and related employment policies: 
the case of work-family reconciliation’, International Journal of Discrimination Law, 
Vol. 18, pp. 104-123. 

Busby, N. and Weldon-Johns, M. (2019), ‘Fathers as Carers in UK Law and Policy: 
Dominant Ideologies and Lived Experience’ 41 Journal of Social Welfare and Family 
Law 3, 280. 

Busby,  N.  (2020),  Oxford  Human  Rights  Hub  blog:  ‘Sharing  or  Caring?  The 
Delineation  of  UK  Parental  Rights’  at:  http://ohrh.law.ox.ac.uk/sharing-or-caring-
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Guerrina, R. and Masselot, A. (2018) ‘Walking in the footprint of EU Law: unpacking 
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406-424. 

64 

 
 
 
 
 
 
 
 
 
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