Discrimination and Equality

What is discrimination?

The Equality Act 2010, which can be found here http://www.legislation.gov.uk/ukpga/2010/15/contents defines discrimination as follows:

"A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others." (s. 13 (1) EA 2010).

The Act provides that certain personal characteristics are "protected characteristics". This means that they are afforded a level of protection, and an individual must not be discriminated against because of any of these characteristics which they may have.

What are protected characteristics?

Section 4 lists the protected characteristics as follows, before further defining them in subsequent sections:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex;
• sexual orientation.

Further action prohibited by the act is harassment related to a protected characteristic (s. 26) and victimisation (s. 27).

It is unlawful for a public authority, such as the National Offender Management Service, to discriminate against individuals. PSI 32/ 2011, A14 gives further weight to this:"As a public authority, it is unlawful for NOMS in the exercise of its public function to do anything that constitutes discrimination, harassment and victimisation. This covers the treatment of prisoners and others..."

What is the prison's duty in relation to protected characteristics?

The prison has a duty not to  discriminate against any individual on the basis of a protected characteristic.

If a prisoner has a disability, the prison has a duty to make adjustments, taking this into account (s. 20)

What should a prisoner do if he feels he is being treated unfairly discriminated against?

Seek legal advice from a solicitor.