Equality Act 2010, section 31

Interpretation and exceptions

Part 3 Services and public functions

(1)This section applies for the purposes of this Part.

(2)A reference to the provision of a service includes a reference to the provision of goods or facilities.

(3)A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function.

(4)A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

(5)Where an employer arranges for another person to provide a service only to the employer's employees—

(a)the employer is not to be regarded as the service-provider, but

(b)the employees are to be regarded as a section of the public.

(6)A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service.

(7)A reference to a service-provider not providing a person with a service includes a reference to—

(a)the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or

(b)the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person).

(8)In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider.

(9)Schedule 2 (reasonable adjustments) has effect.

(10)Schedule 3 (exceptions) has effect.

Definitions used in section 31 1

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

Cases considering section 31 27

RR, R (on the application of) v The London Borough of Enfield

[2024] EWHC 2501 (Admin) · 3 October 2024Limits

Applies the no-difference principle. Although Enfield breached the public sector equality duty, the court found that the decision would not have been substantially different had the duty of inquiry been complied with, so no remedy was granted. (see paras [80]-[83])

Kenny Johnston v Giving.Com Limited

[2024] EWHC 944 (KB) · 22 March 2024Limits

The court held that the fact-specific exception in section 31(5) did not assist because the circumstances contemplated by the provision bore no similarity to the facts found at trial. (see para [18])

Theodore Piepenbrock v London School of Economics and Political Science & Ors.

[2022] EWHC 2421 (KB) · 30 September 2022Interprets

The court used the provision to connect public functions under the Equality Act to functions of a public nature under the Human Rights Act. (see paras [204]-[206]) The court applied the definition of a person requiring a service and held that the claimant was not receiving a service from the publishers or alleged source. (see paras [203]; [207]-[209])

7 more judgments, and what each says about section 31, are in the case-law panel in the full Act.

Explanatory note

117.This section explains what is meant by the terms “provision of a service” and “public function” in the Act. The definition of a “public function” is that which applies for the purposes of the Human Rights Act 1998. The public functions provisions apply only where what is being done does not fall within the definition of a “service”.

118.This section also explains that refusing to provide or not providing a service includes providing a person with a service of different quality, or in a different way (for example hostile or less courteous) or on less favourable terms than the service would normally be provided.

119.This section provides that where an employer arranges for another person to provide a service to a closed group of employees, then the members of that closed group are to be treated as a section of the public for the purposes of their relationship with the service-provider. This means that if the service-provider discriminates against members of that group, the prohibitions in this Part apply. However, the employer is not to be treated as a service-provider, despite facilitating access to the service. Instead, his or her conduct in respect of his or her employees is to be governed by the provisions in Part 5 (work).

120.Further details of how the reasonable adjustments duty applies in relation to providing services and exercising public functions are contained in Schedule 2.

121.The exceptions which apply to this Part of the Act are contained in Schedule 3.

122.Much of what is contained in this section has its origins in previous legislation, but this is now brought together in an interpretation section rather than in the substantive provisions as was the case in the previous legislation. The subsection concerning employers arranging for provision of services to their employees by another person is new.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I13S. 31 wholly in force at 1.10.2012; s. 31 not in force at Royal Assent see s. 216; s. 31 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(3); s. 31(9) in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a); s. 31(1)-(8)(10) in force so far as not already in force at 1.10.2012 by S.I. 2012/1569, art. 3(a)