Equality Act 2010 Explanatory Notes

Section 57: Trade organisations
Effect

191.This section makes it unlawful for a trade organisation to discriminate against, harass or victimise a person who is, or is applying to be, a member. It also requires trade organisations to make reasonable adjustments for disabled people.

192.A trade organisation is an organisation of workers (such as a trade union) or employers (such as the Chambers of Commerce); or an organisation whose members carry out a particular trade or profession (such as the British Medical Association, the Institute of Civil Engineers and the Law Society).

Background

193.This section is designed to replicate the effect of similar provisions in previous legislation. It also extends the protection to cover discrimination in the arrangements made for determining to whom membership should be offered.

Examples
  • A trade union restricts its membership to men. This would be direct discrimination.

  • An organisation of employers varies membership subscriptions or access to conferences because of a person’s race. This would be direct discrimination.

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