Equality law without the waffle: Practical tips for in-house lawyers

Picture this: It’s Monday morning, your inbox is already overflowing and a colleague pings you about whether a new company policy could be discriminatory. Equality Act compliance isn’t what you planned to tackle before your first coffee, but it suddenly lands on your desk - and it matters. Whether you’re advising on policies, services, people issues or risk, getting to grips with the Equality Act isn’t just “nice to have” - it’s essential.

Here’s a practical look at what it means to get equality law right, where organisations often trip up, and how you can guide your business through the nuance and noise.

Equality law isn’t just HR’s job

One of the biggest misconceptions is that equality law belongs firmly in the HR bucket. In reality, it runs through almost every aspect of a business - how you serve your customers, manage property, deliver services or handle complaints.

If you’re only looking at equality law through an employment lens, you’ll miss important statutory duties. And leaving these unchecked? That’s a risk the board won’t thank you for.

Don’t confuse EDI with legal compliance

EDI (or DEI) programmes have their place, but they are not the same as meeting legal obligations. Equality law is a statutory framework grounded in legislation and case law. It’s full of definitions, exceptions, and nuanced concepts like comparators, causality and proportionality.

Well-meaning EDI initiatives can still cross the legal line. Policies designed by activists or employee groups without legal checks and balances can create reputational, legal and cultural risks.

Common mistakes that catch businesses out

Here are a few of the usual suspects:

  • Cherry-picking protected characteristics. There are nine, not three. Overlooking some creates blind spots - and legal risk.
  • Positive discrimination disguised as good intentions. Positive action is legal. Positive discrimination isn’t.
  • Assuming a policy is enough. Even an unintentional discriminatory policy won’t stand up to challenge. Stress-test everything.
  • Delegating to employee networks. These groups are useful but can’t take on legal decision-making and won’t represent every view.
  • One-size-fits-all thinking. You need to consider the different needs of different groups, including conflicting rights.

The risks are real

Equality missteps can lead to costly, uncapped tribunal claims. They also chip away at trust, silence dissent, and push your best people out. Gen Z in particular expect inclusive workplaces - and they’ll leave if the culture doesn’t back it up.

And when things go public, they go very public. One rushed social media apology can be enough to trigger a legal claim - especially if it implies fault before the facts are in. Involve legal early to avoid knee-jerk reactions.

So what’s your role as an in-house lawyer?

Equality law can be intimidating. But you don’t need to be a specialist to add value. Here’s how you can make an impact:

  • Map out where the Act applies across your organisation - not just HR.
  • Get curious. Don’t accept borrowed policies or EDI trends at face value.
  • Encourage challenge. Your fiercest critics often flag your biggest legal risks.
  • Know your exceptions. They shape what’s lawful in different contexts.
  • Build in escalation routes. Make sure managers know where to go for equality-related decisions.

Final thought

Equality law isn’t about perfection. It’s about balance, fairness and thinking things through. Your role? Helping your business do that well, with confidence and clarity.

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