How to align your policies with the Equality Act 2010 and avoid discrimination claims

Social housing landlords, need to be hyper-aware of the Equality Act 2010 because it should guide almost everything you do in terms of compliance.  

Every tenant interaction, every policy decision, and every notice served has to align with its requirements. If you don’t take it seriously, you could face some costly discrimination claims, reputational damage, and, most importantly, an accusation of failure in your duty to your tenants. 

The Act consolidates many of the previous anti-discrimination laws and protects individuals from unfair treatment based on nine protected characteristics, including age, disability, race, gender, etc. As such, you need to ensure that your policies, tenancy agreements, and procedures are free from bias – intentional or otherwise.  

You’d be right in assuming that the majority of problems emerge from unintentional biases rather than deliberate. Take, for instance, disability discrimination. The Act requires landlords to make reasonable adjustments for tenants with disabilities. This could range from providing accessible parking spaces to altering communal spaces for wheelchair use.  

But what constitutes “reasonable?”  

The law doesn’t provide a checklist, instead it depends on factors such as cost, practicality, and the specific needs of the tenant. Without expert guidance from your solicitor, it’s easy to under or overstep, leaving you vulnerable to claims. 

Again, the most common pitfall is indirect discrimination, where a policy appears neutral but disproportionately disadvantages tenants with a particular protected characteristic. For example, introducing a “no pets” policy could inadvertently discriminate against tenants with guide dogs. Even if the policy wasn’t created with ill intent, the impact matters just as much as the intention. 

Embedding equality into your policies and decision-making 

To align your operations and policies with the Equality Act, you need to embed fairness and equality into your organisation’s DNA.  

Start by reviewing your existing policies, tenant selection criteria, and communication processes to identify areas of potential bias.  

For example: 

• Are your tenant communications accessible to those with visual or cognitive impairments?  

• Do your rent arrears procedures consider the needs of vulnerable tenants? 

• Can hearing impaired individuals speak to one of your team members unhindered and without delay?  

As you might imagine, training your staff around this issue is really important. Everyone from your front-line team to senior management should understand the nuances of the Act and how it impacts their roles. Remember, a single ill-informed comment or decision – even when made with the best intentions – can escalate into a full-blown legal dispute. 

Documentation is another part of the puzzle because if a claim arises, robust evidence of your decision-making process is probably your best defence. You need to keep detailed records of how your policies were created, your tenant interactions, and the rationale behind your decisions. Don’t rely solely on template policies. They rarely account for the complex, real-world scenarios faced by social housing landlords like you. 

Why is compliance so difficult?  

The challenge with compliance is that it’s not static. Case law evolves, and societal expectations shift. What was deemed acceptable a few years ago may now be considered discriminatory. That’s why keeping your team (and your policies) up to date is so important.  

If you need help staying on top of this aspect of compliance, we highly recommend speaking to a solicitor that specialises in social housing. By working with someone who understands the Equality Act inside out – and how it applies to your specific circumstances – you can manage this complex area of law without taking your attention away from your daily role.  

In short, if you’re unsure whether your policies are fit for purpose or you need help handling a discrimination claim, it’s time to seek professional advice.  

The consequences of getting it wrong can be serious so don’t take unnecessary risks. 

Speak to a social housing solicitor today.