Equality Act 2010, section 9

Race

Part 2 Equality: key concepts

(1)Race includes—

(a)colour;

(b)nationality;

(c)ethnic or national origins.

(2)In relation to the protected characteristic of race—

(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;

(b)a reference to persons who share a protected characteristic is a reference to persons of the same racial group.

(3)A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.

(4)The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

(5)F20A Minister of the Crown ...—

(a)[F21 must by orderF21] amend this section so as to provide for caste to be an aspect of race;

(b)[F22 may by orderF22] amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.

(6)The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

Cases considering section 9 26

Ward & Ors, R (on the application of) v The London Borough of Hillingdon & Ors

[2019] EWCA Civ 692 · 16 April 2019Defines

Race includes nationality and ethnic or national origins. Non-UK nationality could therefore identify the protected characteristic relevant to Mr Gullu's indirect discrimination claim. (see paras [18]; [56]) A racial group may consist of two or more distinct racial groups, permitting non-UK nationals to constitute the relevant group for comparison. (see paras [18]; [56])

Onu v Akwiwu & Anor

[2014] EWCA Civ 279 · 13 March 2014Limits

Defines the protected characteristic of race. The court applied nationality as the relevant characteristic but held that immigration status was not exactly equivalent to nationality. (see paras [18], [47]-[57]) Defines race as including nationality and ethnic or national origins. The court held that immigration-related vulnerability did not correspond exactly with nationality. (see paras [18], [47]-[57]) Defines a racial group by reference to race and supports the court’s distinction between nationality and the separate status of a vulnerable migrant worker. (see paras [18], [47]-[57]) Confirms that a racial group may comprise distinct racial groups; it did not extend the protected characteristic to immigration status. (see paras [18], [50])

T Tamponi v Medequip Assistive Technology Ltd

[2025] EAT 180 · 3 December 2025Defines

The EAT applied the statutory definition of race, which includes nationality, while accepting that immigration status is distinct from race. Treatment because of a change in immigration status and settled-status eligibility was therefore not treatment because of nationality. (see paras [53]-[55]; [59]-[62])

6 more judgments, and what each says about section 9, are in the case-law panel in the full Act.

Explanatory note

47.This section defines the protected characteristic of race. For the purposes of the Act, “race” includes colour, nationality and ethnic or national origins.

48.The section explains that people who have or share characteristics of colour, nationality or ethnic or national origins can be described as belonging to a particular racial group. A racial group can be made up of two or more different racial groups.

49.The section also enables a Minister of the Crown to amend the Act by order so as to add “caste” to the current definition of “race”. When exercising this power, the Minister may amend the Act, for example by including exceptions for caste, or making particular provisions of the Act apply in relation to caste in some but not other circumstances. The term “caste” denotes a hereditary, endogamous (marrying within the group) community associated with a traditional occupation and ranked accordingly on a perceived scale of ritual purity. It is generally (but not exclusively) associated with South Asia, particularly India, and its diaspora. It can encompass the four classes (varnas) of Hindu tradition (the Brahmin, Kshatriya, Vaishya and Shudra communities); the thousands of regional Hindu, Sikh, Christian, Muslim or other religious groups known as jatis; and groups amongst South Asian Muslims called biradaris. Some jatis regarded as below the varna hierarchy (once termed “untouchable”) are known as Dalit.

50.This section replaces similar provisions in the Race Relations Act 1976. However, the power to add caste to the definition of race is a new provision.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F20Words in s. 9(5) omitted (25.6.2013) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(2), 103(2)
  2. F21Words in s. 9(5)(a) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(3), 103(1)(i)(2) text inserted for certain specified purposes only, see the commentary.
  3. F22Words in s. 9(5)(b) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(4), 103(1)(i)(2) text inserted for certain specified purposes only, see the commentary.

Modifications

  1. C5S. 9(5) power to repeal or amend conferred (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 97(7)-(10), 103(1)(i)(2)