Equality Act 2010, section 45

Limited liability partnerships

Part 5 Work

(1)An LLP or proposed LLP must not discriminate against a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a member;

(b)as to the terms on which it offers the person a position as a member;

(c)by not offering the person a position as a member.

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

(a)as to the terms on which B is a member;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(3)An LLP must not, in relation to a position as a member, harass—

(a)a member;

(b)a person who has applied for the position.

(4)A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position.

(5)An LLP or proposed LLP must not victimise a person—

(a)in the arrangements it makes for deciding to whom to offer a position as a member;

(b)as to the terms on which it offers the person a position as a member;

(c)by not offering the person a position as a member.

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

(a)as to the terms on which B is a member;

(b)in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c)by expelling B;

(d)by subjecting B to any other detriment.

(7)A duty to make reasonable adjustments applies to—

(a)an LLP;

(b)a proposed LLP.

Definitions used in section 45 4

LLP

(4) “LLP” means a limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000 ).

Defined in s.46(4) · see it in the full Act
Proposed LLP

(5) “Proposed LLP” means persons proposing to incorporate an LLP with themselves as members.

Defined in s.46(5) · 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

Cases considering section 45 5

Clyde & Co LLP & Anor v Bates Van Winkelhof

[2012] EWCA Civ 1207 · 26 September 2012

The provision extends relevant discrimination protection to partners of limited liability partnerships. The respondent's sex and pregnancy discrimination claims therefore did not depend on worker status and could proceed because the territorial connection was sufficient. (see paras [12]–[15]; [75]–[100]; [103])

Peder Prähl & Ors v Sebastian Lapinski

[2025] EAT 77 · 12 June 2025

Section 45 prohibits discrimination by an LLP against its members. The court relied on it to show that domestic employment discrimination protections expressly extend to LLP members despite their not being employees in domestic law. (see para [72])

Van Winkelhof v Clyde & Co LLP & Anor

[2012] UKEAT 568_11_2604 · 26 April 2012

Section 45 extended protection to partners, so worker status did not present an obstacle to the discrimination claim. (see para [10])

1 more judgment, and what each says about section 45, are in the case-law panel in the full Act.

Explanatory note

159.This section makes it unlawful for a limited liability partnership (LLP), or a group of people setting up an LLP, to discriminate against, harass or victimise a member (or prospective member). Activities covered by these provisions include offers of membership or access to opportunities that the LLP makes available to its members. It imposes on LLPs a duty to make reasonable adjustments for disabled members and prospective members.

160.LLPs are distinct from general and limited partnerships, so separate provisions are needed to provide protection from discrimination, harassment and victimisation for their members. This section is designed to replicate the effect of provisions in previous legislation but also to achieve the same consistency in respect of race as is provided in section 44.

All the explanatory notes for the Act