The Equality Act 2010 makes it unlawful to treat someone less favourably because of certain personal characteristics. These are called protected characteristics:   

• Age  

• Disability  

• Gender reassignment  

• Marriage or civil partnership  

• Pregnancy and maternity  

• Race  

• Religion or belief  

• Sex  

• Sexual orientation  

Businesses have a legal duty to prevent discrimination, harassment, and victimisation in the workplace. If they fail to take reasonable steps to do so, they may be held vicariously liable for the actions of their staff or representatives. 

Penalties can include: 

• Employment tribunal claims 

• Compensation for injury to feelings or financial loss 

• Reputational damage and legal costs 
  Some breaches may also give rise to civil claims or enforcement by the Equality and Human Rights Commission (EHRC). 

Discrimination can happen even if it wasn’t intended. If someone is treated unfairly in a way that causes disadvantage, emotional distress, or financial loss, because of a protected characteristic, that may be unlawful.  

The Equality Act protects a broad range of individuals, not just employees. Legal protections can extend to: 

• Employees (including permanent, part-time and fixed-term staff) 

• Freelancers and self-employed contractors, in certain circumstances, such as where they provide services personally 

• Job applicants and interviewees 

• Former workers, for example in relation to references 

Whether someone is protected depends on the specific working relationship and whether the business exercises control over how the work is done. 

Discrimination is not limited to formal workplaces or full-time staff. It can happen:  

• During recruitment or interviews  

• On set, in offices, or during remote work  

• At work-related social events  

• When ending a working relationship, including giving references  

Businesses must make sure discrimination doesn’t occur in any of these settings, and take all reasonable steps to prevent it.  

There are several forms of unlawful discrimination under the Equality Act:  

• Direct discrimination: Treating someone less favourably because of a protected characteristic.  

• Indirect discrimination: Applying a rule or policy that seems neutral but puts some people at a disadvantage.  

• Harassment: Unwanted behaviour related to a protected characteristic that causes offence or distress.  

• Victimisation: Treating someone badly because they raised a concern or supported someone else’s complaint.  

Example: A production manager publicly mocks a junior crew member’s accent and religious clothing on set. When the crew member raises a concern, they are dropped from the next episode’s schedule. This could amount to harassment and victimisation under the Equality Act. 

Businesses working in the screen sector, whether small production teams or larger studios, have a duty of care to all individuals engaged in their work, including employees, freelancers, and contractors, where applicable. 

By law, they must:  

• Ensure no one is unfairly discriminated against in any aspect of work  

• Do all they reasonably can to prevent discrimination by others  

• Respond appropriately to concerns and complaints  

• Make sure policies and decision-making do not disadvantage protected groups  

Businesses can be held vicariously liable for the actions of their workers, meaning even if the discrimination came from someone else within the business, the business may still be legally responsible.  

• Put in place clear anti-discrimination and complaints policies  

• Ensure freelancers and short-term contractors know how to raise concerns  

• Offer training to team leads and managers on spotting and addressing discrimination  

• Build a respectful culture that encourages open conversation  

• Take all concerns seriously, regardless of someone’s contract type or seniority  

Discrimination has no place in creative workplaces. The law offers important protections, but a culture of fairness, openness and accountability goes even further. Whether you're hiring a team, managing a production, or leading a business, taking meaningful steps to challenge discrimination helps ensure the screen industries are safe, inclusive spaces for all.