In her speech, she stated: “We will repeal the Equality Act, because we are going to work to build a country defined by meritocracy not tokenism, personal responsibility not victimhood, excellence not mediocrity, and unity not division,” and further argued that “scrapping the Equality Act means getting rid of the pernicious, divisive notion of protected characteristics.” This is not a tweaking of policy; it is fundamental in its nature.

Acts of race and sex discrimination have been unlawful since 1965 and 1975 respectively. Discrimination on other grounds i.e. of disability, age, religion, marriage, pregnancy and sexual orientation have been gradually introduced at various points throughout the 1990s into the 2000s. The protection is well established. Therefore, this proposal to repeal the Act may be seen as surprising and indeed shocking for some. It is likely to be seen by many as a regressive step. This is likely to be particularly the case for those in vulnerable communities who have widely criticised this notion with their fear of significant repercussions for their legal rights and protections. Human rights organisations and trade unions have strongly criticised the proposal.

It is notable that over the last 12 months or so, the USA has already changed its approach to diversity and equality eliminating diversity and inclusion programs in federal government and discouraging their use in the private sector. 

Reform is suggesting that the protection of individuals in the workplace would be put in place but without the current statutory protection that emphasises protected characteristics. It states that it is seeking to reduce the economic burden and focus on individual merit does not group identity. There is no detailed replacement provisions published as yet or clarity on how exactly this might work in practice. 

Currently nearly 1 in 4 of the 17 million votes cast in England in the 2026 local elections were for Reform UK.

What is the Equality Act? 

The Equality Act 2010 (the Act) is the cornerstone of UK equality legislation, designed to protect individuals from discrimination in the workplace and wider society. It consolidated and replaced a fragmented body of previous anti‑discrimination legislation into a single, coherent legal framework.

The Act sets out what amounts to discrimination because of key characteristics, including race, sex, disability, age, religion or belief, and sexual orientation. It received Royal Assent in April 2010 and came into force in October of the same year (although its various strands incorporated into it have been in force for much longer in many cases).

In addition to establishing the concept of ‘protected characteristics’ the Act provides a comprehensive range of protections, including: 

• Prohibiting direct and indirect discrimination 

• Safeguarding against harassment and victimisation and

• Requiring reasonable adjustments for disabled individuals
   

What would repeal mean for employers? 

Repealing the Act would fundamentally alter the legal and social landscape for employers. At present, employers must comply with clear statutory obligations governing how employees are treated. Without the Act, a plethora of consequences may occur:

• Reduce legal clarity: Repeal may result in a return to fragmented and inconsistent rules, increasing uncertainty as to applicable standards.

• Increased risk of litigation uncertainty:  Disputes may rely more heavily on older case law for guidance, increasing unpredictability and risk. Employers may also face a greater administrative burden in attempting to align policies with a patchwork of residual legislation and precedent.

• Reputational pressure: Even in the absence of statutory duties, societal and commercial expectations around equality and inclusion are unlikely to disappear. Employers may continue to face pressure from employees, clients, and the public to uphold inclusive standards, despite the lack of a clear legislative framework. 
   

What would repeal mean for employees? 

Employees are likely to be disproportionately affected by the repeal of the Act, as the removal of statutory protections would significantly weaken their legal position. The consequences could be far-reaching: 

• Loss of comprehensive protections: Without legally enforced protected characteristics, safeguards against discriminatory treatment may be significantly reduced or removed altogether. Some employers may feel emboldened to act in ways that would currently give rise to legal claims. 

• Greater inequality risks: Vulnerable groups, including individuals with disabilities and ethnic minorities, may face increased exposure to less or unfavourable favourable treatment without robust legislative backing.

• Barriers to legal recourse: The Act currently provides a clear and accessible route for employees to challenge employers’ actions. its repeal could make it harder for individuals to assert their rights.

• Workplace culture shifts: While many employers may continue to promote inclusive environments as a matter of best practice, the absence of legal obligations could lead too inconsistent standards across workplaces which becomes disorientating and unnerving for employees in current and new employment.  

The true impact of such a repealing the Act would heavily depend on what, if anything, replaces the Act – and whether those alternatives maintain the same level of clarity, enforcement and protection. A Workplace Fairness Act has been referenced but without any level of detail.

Any alternative framework would need to offer clarity, protection to avoid weakening important individual rights or destabilising employment law and appropriate mechanisms for enforceability. Yet there is no certainty that Reform would introduce legislation that fully safeguards any characteristics, creating a real risk that adequate and robust protection for those characteristics under the Act could disappear altogether.

How we can assist you

At Thackray Williams, we support both employers and employees with clear, practical advice on the Equality Act and the protections it provides at work. We can help review workplace policies and procedures, and advise on concerns such as discrimination, harassment and victimisation, so you can move forward with confidence.

If you would like assistance navigating your employment rights or your employees’ rights or any other employment related matter, please do get in touch with our Employment team on 020 8290 0440 (Bromley) or 01732 496 496 (Sevenoaks) or employment@thackraywilliams.com.