Equality Act 2010 Explanatory Notes

Statutory authority: paragraph 1

Effect

976.Paragraph 1 of this Schedule provides exceptions from several Parts of the Act, in relation to the protected characteristics of age, disability, religion or belief, sex and sexual orientation, for things done in accordance with what is, or may in future be, required because of some other law.

Background

977.Paragraph 1 replaces the separate exceptions for statutory authority in previous legislation. However, the exception in section 41(1) of the Race Relations Act 1976, which excused certain race discrimination done under statutory authority in areas with which European law is not concerned, has been removed but not replaced.

Examples

  • An employer can lawfully dismiss a disabled employee if health and safety regulations leave him with no other choice.

  • An employer can lawfully refuse to employ someone to drive a large goods vehicle who is not old enough to hold a LGV licence.

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