Equality Law (SQA National 5 Business Management): Revision Note

Exam code: X810 75

Lisa Eades

Written by: Lisa Eades

Reviewed by: Steve Vorster

Updated on

The Equality Act

  • The Equality Act 2010 is a law that aims to protect people from discrimination in the workplace and in wider society

    • It ensures that everyone has equal opportunities regardless of personal characteristics

Protected characteristics

  • It is illegal to treat someone unfairly because of any of the following nine protected characteristics

Protected characteristic

Example

Disability

  • Failing to make reasonable adjustments for a worker with a physical disability

Gender reassignment

  • Treating someone unfairly because they are transitioning or have transitioned

Sexual orientation

  • Bullying someone because they are gay or bisexual

Sex

  • Paying men and women differently for the same work

Marriage and civil partnership

  • Giving better benefits only to single employees

Pregnancy and maternity

  • Dismissing someone because they are pregnant or on parental leave

Race

  • Making racist remarks or excluding someone due to their nationality

Religion or belief

  • Not allowing someone time off for religious observance

Age

  • Refusing to hire someone because they are 'too old'

Types of discrimination

Type

Explanation

Direct discrimination

  • Treating someone worse because of a protected characteristic

    • E.g., not promoting someone because of their age

Indirect discrimination

  • Introducing a policy that disadvantages certain groups

    • E.g., requiring all employees to meet a height requirement, thus disadvantaging women

Victimisation

  • Treating someone badly for complaining about discrimination

    • E.g. sidelining an employee after they make a complaint

Harassment

  • Unwanted behaviour that causes offence or humiliation

    • E.g., making offensive jokes about someone’s sexuality

Responsibilities for businesses

  • Businesses must make sure that their policies and behaviour comply with the law

  • They can do this by

    • Having an equal opportunities policy.

    • Giving equality and diversity training to all staff.

    • Making reasonable adjustments for employees with disabilities.

    • Taking complaints of discrimination seriously and fairly.

  • These actions help create a respectful, inclusive workplace and reduce the risk of legal action

Case Study

Logo of Bannock Interiors Ltd with stylised letters 'B' and 'I' forming a house shape above the company name and text "INTERIORS LTD" below.

Bannock Interiors is a family-run furniture company with 40 employees. The business designs and sells bespoke home furniture across Scotland.

Breach
A complaint was made by an employee, Aisha, who felt she was treated unfairly because of her religion.

  • Management refused her request for short prayer breaks during the working day.

  • When she raised the issue, her supervisor began excluding her from meetings and criticising her performance unfairly.

This was a case of both indirect discrimination and victimisation

Consequences

  • The employee took the business to an employment tribunal.

  • Highland Interiors was found to have breached the Equality Act 2010 and was required to pay compensation.

  • The company’s local reputation suffered, and two clients cancelled orders.

  • In response, the firm introduced a new Equality and Diversity Policy, offered manager training, and created a private prayer space for staff.

Examiner Tips and Tricks

Students often think equality law is only about gender. It actually covers all protected characteristics, such as age, race and disability. Examiners look for understanding that the law ensures fair treatment in recruitment, pay and promotion, preventing discrimination in any form

The National Minimum Wage Act

  • The National Minimum Wage Act 1998 and the introduction of the National Living Wage ensure that all workers are paid fairly for the work they do

    • It is illegal for employers in the UK to pay less than the set minimum rates

  • These laws help to

    • Protect workers from being underpaid.

    • Promote fairness and reduce poverty

    • Encourage businesses to value and motivate their staff

1. National Minimum Wage

  • The National Minimum Wage is the lowest hourly rate that employers can legally pay to workers under the age of 21, including apprentices

    • The rate depends on the worker’s age and whether they are an apprentice.

Category

Hourly rate (April 2025)

21 and over

£12.21 (National Living Wage)

18 to 20

£10.00

16 to 17

£7.55

Apprentice

£7.55

  • All employers must follow these rates that are changed every April

2. National Living Wage

  • The National Living Wage was introduced in 2015 for workers aged 21 and over

  • It is higher than the National Minimum Wage because it aims to reflect the cost of living, helping adult workers afford basic needs like food, rent and bills

Enforcement

  • His Majesty’s Revenue and Customs (HMRC) checks that employers are paying the correct rates

  • If a business is found underpaying staff, HMRC can

    • Order them to make back payments to workers

    • Charge a fine

    • Take the employer to court

    • Publicly name and shame the business

Impact on businesses

Positive impacts

Negative impacts

  • Motivated workforce

    • Staff feel valued and fairly treated, improving morale and productivity

  • Better reputation

    • Paying fairly can attract loyal employees and customers

  • Improved staff retention

    • When employees are paid fairly, they are more likely to stay with the business

    • This reduces staff turnover and recruitment costs

  • Higher costs

    • Rising wage rates increase business costs, reducing profits

  • Reduced staff or hours

    • Firms may employ fewer people or cut hours to manage wage costs

  • Backdated payments

    • Businesses that underpay must repay all missing wages, which can be expensive

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Lisa Eades

Author: Lisa Eades

Expertise: Business Content Creator

Lisa has taught A Level, GCSE, BTEC and IBDP Business for over 20 years and is a senior Examiner for Edexcel. Lisa has been a successful Head of Department in Kent and has offered private Business tuition to students across the UK. Lisa loves to create imaginative and accessible resources which engage learners and build their passion for the subject.

Steve Vorster

Reviewer: Steve Vorster

Expertise: Economics & Business Subject Lead

Steve has taught A Level, GCSE, IGCSE Business and Economics - as well as IBDP Economics and Business Management. He is an IBDP Examiner and IGCSE textbook author. His students regularly achieve 90-100% in their final exams. Steve has been the Assistant Head of Sixth Form for a school in Devon, and Head of Economics at the world's largest International school in Singapore. He loves to create resources which speed up student learning and are easily accessible by all.