Equality Act 2010, section 19A

Indirect discrimination: same disadvantage

Part 2 Equality: key concepts

(1)A person (A) discriminates against another (B) if—

(a)A applies to B a provision, criterion or practice,

(b)A also applies, or would apply, the provision, criterion or practice to—

(i)persons who share a relevant protected characteristic, and

(ii)persons who do not share that relevant protected characteristic,

(c)B does not share that relevant protected characteristic,

(d)the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic,

(e)the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and

(f)A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

(2)The relevant protected characteristics for the purposes of this section are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.F34]

Cases considering section 19A 3

For Women Scotland Ltd v The Scottish Ministers

[2025] UKSC 16 · 16 April 2025

A person who does not share the group’s protected characteristic may claim indirect discrimination when put at substantially the same disadvantage. This protects trans people without adopting certificated sex. (see paras [146]; [258]-[261])

LL & Anor, R (on the application of) v Trafford Metropolitan Borough Council

[2025] EWHC 2380 (Admin) · 19 September 2025

Applies protection against discrimination where a person without the protected characteristic suffers substantially the same disadvantage as a person who has it. A carer could therefore challenge the loss of council tax reduction although she was not disabled herself. (see paras [68], [88]–[90])

British Airways PLC v B Rollett & Ors

[2024] EAT 131 · 15 August 2024Defines

Section 19A creates a statutory same-disadvantage tort for the future, including a requirement that the claimant suffer substantively the same disadvantage. Its vires did not require determination because section 19 was already to be read compatibly with CHEZ for these claims. (see paras [32]-[35]; [65])

What each judgment says about section 19A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F34S. 19A inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 3(2)