Equality Act 2010 — Explanatory Notes

In brief

Official parliamentary notes explaining the purpose and effect of each section of the Equality Act 2010. Frequently cited by courts and tribunals when interpreting the Act's provisions, particularly the relationship between sex and gender reassignment protections.

Key provisions

• Para 43 — Gender reassignment explanation: Explains the scope of gender reassignment protection: covers anyone proposing to undergo, undergoing, or who has undergone a process to reassign their sex. No medical treatment is required.
• Para 66 — Meaning of sex: Explains the meaning of "sex" under the Act. Post-FWS, the Supreme Court held this refers to biological sex.
• Para 740+ — Schedule 3 exceptions commentary: Commentary on Schedule 3 single-sex service exceptions, explaining when and how service providers may lawfully restrict access by sex.

When relevant

Interpreting ambiguous provisions of the EA2010, particularly the meaning and scope of protected characteristics and the single-sex exceptions.