Equality Act 2010 s.101 – Members and associates

(1)An association (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(2)An association (A) must not discriminate against a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(3)An association (A) must not discriminate against an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

(4)An association must not harass—

(a)a member;

(b)a person seeking to become a member;

(c)an associate.

(5)An association (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding who to admit to membership;

(b)as to the terms on which A is prepared to admit B to membership;

(c)by not accepting B's application for membership.

(6)An association (A) must not victimise a member (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying B's terms of membership;

(d)by subjecting B to any other detriment.

(7)An association (A) must not victimise an associate (B)—

(a)in the way A affords B access, or by not affording B access, to a benefit, facility or service;

(b)by depriving B of B's rights as an associate;

(c)by varying B's rights as an associate;

(d)by subjecting B to any other detriment.

Definitions used in section 101 4

association

(2) An “association” is an association of persons—

(a)which has at least 25 members, and

(b)admission to membership of which is regulated by the association's rules and involves a process of selection.

Defined in s.107(2) · see it in the full Act

Member

(10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995 ).

Defined in s.212(10) · see it in the full Act

detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act

associate

(6) A person is an “associate”, in relation to an association, if the person—

(a)is not a member of the association, but

(b)in accordance with the association's rules, has some or all of the rights as a member as a result of being a member of another association.

Defined in s.107(6) · see it in the full Act

Cases considering section 101 3

For Women Scotland Ltd v The Scottish Ministers

[2025] UKSC 16 · 16 April 2025

The prohibition against discrimination by associations operates with Schedule 16, which permits membership to be restricted by a shared protected characteristic understood by biological sex. (see paras [207]-[208]; [229]-[231])

Dhamija v The Liberal Democrats In England

[2019] EWHC 1398 (QB) · 24 April 2019

The court used section 101 to identify the underlying prohibition on an association subjecting a member to a detriment because of a protected characteristic. The issue was whether the exception for lawful political-party selection arrangements applied. (see para [21])

1 more judgment, and what each says about section 101, are in the case-law panel in the full Act.

Explanatory note

329.This section makes it unlawful for an association to discriminate against, harass or victimise an existing or potential member, or an associate. This means that an association cannot refuse membership to a potential member or grant it on less favourable terms because of a protected characteristic. It does not, however, prevent associations restricting their membership to people who share a protected characteristic (see Schedule 16). It also means that an association cannot, among other things, refuse an existing member or associate access to a benefit or deprive him or her of membership or rights as an associate respectively because of a protected characteristic covered by this Part.

330.Previous legislation provided protection from discrimination, harassment and victimisation by associations against existing or potential members and associates because of race, disability and sexual orientation. This section is designed to replicate the effect of the provisions in previous legislation, and to extend protection to the characteristics of gender, age, religion or belief, pregnancy and maternity, and gender reassignment.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I27S. 101 wholly in force at 1.10.2012; s. 101 not in force at Royal Assent see s. 216; s. 101 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(7)(a) (with art. 15); s. 101 in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 2(b)