3.1. Summarise legislation and codes of practice relating to equality, diversity, inclusion and discrimination

This guide will help you answer 3.1. Summarise legislation and codes of practice relating to equality, diversity, inclusion and discrimination.

Health and social care workers have a duty to create an environment where individuals feel valued and respected. Legislation and codes of practice are in place to protect against inequality, promote diversity and inclusion, and safeguard individuals from discrimination. This guide summarises the key laws and guiding principles you need to understand.

Equality Act 2010

The Equality Act 2010 is one of the most important pieces of UK legislation in this area. It merges several older laws to simplify and strengthen protections. The Act has two main purposes:

1. To protect individuals from unfair treatment.
2. To promote a fair and more equal society.

The law protects people based on nine characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality, and ethnic origins)
• Religion or belief (including lack of belief)
• Sex
• Sexual orientation

These are called “protected characteristics”. Discriminating against someone because of one (or more) of these characteristics is unlawful.

The Act covers various forms of discrimination, including:

• Direct discrimination – Treating someone less favourably due to a protected characteristic.
• Indirect discrimination – When rules or policies apply to everyone but disadvantage someone with a protected characteristic.
• Harassment – Unwanted behaviour that violates a person’s dignity or creates a hostile environment.
• Victimisation – Punishing someone for complaining about discrimination or supporting another’s complaint.

The Equality Act affects all aspects of working in health and social care, such as recruitment, service delivery, and workplace policies.

The Human Rights Act 1998

The Human Rights Act 1998 protects fundamental rights for everyone in the UK. It makes the protections in the European Convention on Human Rights enforceable in UK courts. Key rights relevant to equality and inclusion include:

• The right to life.
• The right to freedom from torture and inhumane or degrading treatment.
• The right to liberty and security.
• The right to respect for private and family life, home, and correspondence.
• Freedom of thought, belief and religion.
• Prohibition of discrimination in the enjoyment of these rights.

Health and social care workers must act in ways that uphold these rights. For example, treating a service user with dignity and respect underpins good care and promotes inclusion.

The Children Act 1989 and 2004

This legislation focuses on the welfare of children. The guiding principle is that the child’s needs must come first. It includes promoting equality and ensuring children aren’t discriminated against because of their background or abilities.

The 2004 update introduced the “Every Child Matters” framework, aimed at improving outcomes for children in five key areas:

• Being healthy.
• Staying safe.
• Enjoying and achieving.
• Making a positive contribution.
• Achieving economic wellbeing.

The Act also requires local authorities and professionals to work together to safeguard children’s welfare.

Care Act 2014

The Care Act 2014 governs adult social care in England. It places a duty on local authorities and care providers to:

• Promote well-being.
• Prevent needs from escalating.
• Ensure fair access to care and support services.

The Act calls for services to support independence and protect individuals from discrimination. It also emphasises person-centred care, ensuring all individuals – regardless of age, disability, or ethnicity – have equal access to high-quality support.

Education and training for care workers must reflect the Act’s focus on promoting equality.

Codes of Practice in Health and Social Care

Codes of practice outline expected behaviours and standards for workers. These codes ensure professionals act legally and ethically.

The Health and Care Professions Council (HCPC) provides guidance for regulated professionals such as social workers. Core principles include:

• Respecting individuals’ rights and dignity.
• Promoting equality and preventing discrimination.
• Acting in the service user’s best interests.

Similarly, the Nursing and Midwifery Council (NMC) Code focuses on values like kindness, respect, and treating everyone as an individual.

Employers in health and social care often have their own policies built around these codes. Examples include diversity training, equal opportunities protocols, and reporting systems for discrimination.

Public Sector Equality Duty

Public bodies, like the NHS, fall under the Public Sector Equality Duty in the Equality Act. They must actively consider and promote:

1. Eliminating unlawful discrimination, harassment, and victimisation.
2. Advancing equality of opportunity between people with protected characteristics and others.
3. Fostering good relations between different groups.

For healthcare organisations, this means shaping services to meet diverse needs, such as providing interpreters for non-English speakers or making reasonable adjustments for people with disabilities.

Examples in Practice

Listening to Service Users: Care workers should listen to individuals’ concerns. For instance, a carer ensuring that cultural dietary preferences are respected promotes inclusion and avoids indirect discrimination.

Reasonable Adjustments: The law requires services to make changes, or “reasonable adjustments”, for individuals with disabilities. This can include offering appointment reminders in large print or ensuring premises are wheelchair accessible.

Challenging Discrimination: Professionals have a duty to challenge inappropriate behaviour, such as racist comments from colleagues. By dealing with these issues promptly, they help build an inclusive environment.

Key Policies That Support Equality

Organisations in health and social care must adopt policies that reflect equality legislation. Examples include:

• Equal Opportunities Policy – Ensures fair treatment for employees and service users. Covers topics like recruitment, promotions, and services.
• Anti-Bullying and Harassment Policy – Protects individuals from unwanted behaviour. Ensures any incidents are investigated fairly.
• Complaints Procedure – Allows individuals to raise concerns about discrimination safely.

Organisational policies link to legal frameworks, translating laws into day-to-day practice for staff.

Why These Laws And Codes Matter

Following equality and inclusion legislation ensures workers deliver ethical, person-centred care. It also provides legal protection for both the individual and the organisation. Workers breaching these standards can face penalties, such as disciplinary action or legal consequences.

By practising equality and fairness, care workers improve outcomes for patients and service users. Those from diverse backgrounds often face barriers to care, whether due to language differences or prejudices. Following these laws reduces such barriers and makes individuals feel valued.

Closing Thoughts

Legislation and codes of practice provide clear guidelines to help health and social care workers uphold equality, celebrate diversity, promote inclusion, and prevent discrimination. As a worker, your role is to respect the law and apply these principles in everything you do. Your efforts contribute directly to a fairer society and better outcomes for those you care for.