Equality Act 2010 s.57 – Trade organisations

(1)A trade organisation (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer membership of the organisation;

(b)as to the terms on which it is prepared to admit B as a member;

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

(2)A trade organisation (A) must not discriminate against a member (B)—

(a)in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying the terms on which B is a member;

(d)by subjecting B to any other detriment.

(3)A trade organisation must not, in relation to membership of it, harass—

(a)a member, or

(b)an applicant for membership.

(4)A trade organisation (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer membership of the organisation;

(b)as to the terms on which it is prepared to admit B as a member;

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

(5)A trade organisation (A) must not victimise a member (B)—

(a)in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service;

(b)by depriving B of membership;

(c)by varying the terms on which B is a member;

(d)by subjecting B to any other detriment.

(6)A duty to make reasonable adjustments applies to a trade organisation.

(7)A trade organisation is—

(a)an organisation of workers,

(b)an organisation of employers, or

(c)any other organisation whose members carry on a particular trade or profession for the purposes of which the organisation exists.

Definitions used in section 57 4

trade: “trade” includes any business;
Defined in s.212(1) · 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
profession: “profession” includes a vocation or occupation;
Defined in s.212(1) · see it in the full Act

Cases considering section 57 3

Dan Cornel Nistor & Anor v Union of Shop, Distributive and Allied Workers (USDAW)

[2024] EWHC 1165 (KB) · 16 May 2024Interprets

Section 57(2) applies to trade organisations but prohibits discrimination because of a protected characteristic, not every difference in treatment. The pleadings identified no such discrimination. (see para [42])

Unite the Union v Nailard

[2018] EWCA Civ 1203 · 24 May 2018

The provision was used to illustrate the unsatisfactory consequences that would follow if a trade union were not liable for sex-related misconduct by lay officials acting in their representative role. (see paras [39]; [44])

The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination)

[2019] UKEAT 0281_18_1503 · 15 March 2019

The claim proceeded on the basis that a trade organisation had subjected a member to a detriment. The inability to stand for election, and the associated loss of chance, was accepted as a detriment (see paras [8]-[9]).

What each judgment says about section 57 is in the case-law panel in the full Act.

Explanatory note

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).

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.

All the explanatory notes for the Act