Chapter 12 - Associations

12.1 This chapter explains how the Act (Part 7) applies to associations. It sets out what constitutes an association and what is unlawful under the Act in relation to an association’s members, associates, and guests, those seeking to be members or guests, as well as former members, former associates and former guests of an association, and the duty of an association to make reasonable adjustments.

This chapter explains when associations can restrict their membership to persons who share a protected characteristic and outlines how associations can use the positive action provisions in the Act, including measures which political parties, as associations, can take to reduce inequality in their representation in Parliament, local government and other publicly elected bodies.

Part 7 of the Act does not apply to the protected characteristic of marriage and civil partnership. 

12.2 The provisions (s.107(2)) in Part 7 of the Act apply to any association of people if:

• the association has at least 25 members
• admission to membership is regulated by the association’s rules and involves a selection process, and
• it is not a trade organisation, such as a business or professional organisation or a trade union

Part 5 of the Act applies to trade organisations, and the duties of trade organisations under the Act are outside the scope of this Code.

12.3 It does not matter if the association is incorporated or otherwise, or if any of its activities are carried out for profit or not (s.107(4)).

12.4 Associations that are charities are subject to additional provisions under the Act, related specifically to charities, which are discussed in paragraphs 13.41 to 13.48 (s.193).

12.5 The requirement for an association to have rules regulating admission to membership does not mean every association must have a formal set of written rules. It will normally be sufficient if the rules for admission of new members are known to all members involved in the selection process and regularly and consistently applied.

12.7 An organisation that merely requires members of the public to pay a fee to join it without any form of selection, such as a nightclub or a gym, is not an association under the Act. It does not matter whether it describes itself as a ‘club’ or refers to customers as ‘members’. Such bodies are involved in the provision of services to the public or a section of the public, and their duties are discussed in Chapter 11 above.

12.8 There are also organisations that people join to support the objects of the organisation, such as a football team supporters’ club or a campaigning organisation. If there is no selection process and membership is open to anyone on payment of a fee, then such organisations would not come within the Act’s definition of an association.

12.9 A ‘club’ run by a group of friends without any formal structure or selection process, such as a book club or a walking group, is not an association under the Act.

12.10 Associations under the Act can include, for example:

• organisations established to promote the interests of their members, such as an association of local organic allotment gardeners or an association of amateur gymnasts
• political parties
• private clubs including sports clubs, clubs for ex-service personnel, working men’s clubs, clubs for people with particular interests such as gardening or fishing or music
• young people’s organisations such as the Scouts, the Guides, the Woodcraft Folk or Young Farmers’ Clubs, or
• organisations like the Rotary and Inner Wheel Clubs, or the Grand Lodges of Freemasons

The above list is for illustration only, and many more types of association are covered by the Act.

12.11 An association can also be a provider of services, an employer or training body. An association may be responsible for provision of education or the disposal or management of premises. The Act prohibits discrimination in all these areas and when an association carries out any of these additional functions, it will also be subject to other relevant parts of the Act.

Chapter 11 of this Code applies to any association when it is providing services to the public or a section of the public. The separate Employment Code of Practice applies to any association as an employer.

12.13 The Act applies to the ways an association treats its members, those seeking to become members, associates or guests, or people seeking to become guests.

12.14 ‘Member’ means any type of member of an association (s.107(5)). This could include, for example, a person who is a full member, a temporary member, an associate member or a student member.

12.15 ‘Associate’ means a person who is not a member but who, according to the association’s rules, has some or all of the rights of a full member as a result of being a member of another association (s.107(6)).

12.17 A guest could be any person who is not a member but who is invited by the association or by a member of the association to enjoy or participate in some benefit, facility or service of the association.

12.18 The Act makes it unlawful for an association to discriminate against its members, associates, and guests, those seeking to be members, those seeking to be guests, as well as former members, former associates and former guests.

Discrimination means:

• direct discrimination
• indirect discrimination
• discrimination arising from disability
• pregnancy and maternity discrimination
• failure to make a reasonable adjustment

These provisions are explained in:

• Chapter 4 - Direct discrimination
• Chapter 5 - Indirect discrimination
• Chapter 6 - Discrimination arising from disability
• Chapter 7 - Disabled people: reasonable adjustments

12.19 Any reference to ‘discrimination’ in the following paragraphs of this chapter is a reference to all these forms of discrimination against the protected characteristics of age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual orientation, unless specifically indicated otherwise.

12.20 The Act also makes it unlawful for an association to harass or to victimise its members, people seeking to be members, its associates, guests and people seeking to be guests. It is also unlawful for an association to harass its former members, former associates and former guests (s.108).

Harassment is explained in Chapter 8.

12.21 The prohibition of harassment of members, associates and guests discussed below does not apply where the protected characteristic is religion or belief or sexual orientation (s.103(2)). In such cases, a person who has suffered a detriment in relation to the protected characteristics of religion or belief or sexual orientation may be able to bring a claim of direct discrimination (read Chapter 4 and Chapter 8) (s.212(5)).

A member, associate, or guest could bring a claim of harassment if the harassment relates to age; disability; gender reassignment; race; or sex. Likewise, former members, former associates and former guests can bring claims of harassment if the harassment relates to age; disability; gender reassignment; race; or sex.

12.22 Protection from victimisation arises under the Act where someone has carried out a ‘protected act’. Victimisation is explained in Chapter 9.

12.23 The Act makes it unlawful for an association to discriminate against, harass, or victimise a person seeking to become a member (s.101).

12.24 An association must not discriminate (s.101(1)):

• in the arrangements it makes for selecting new members
• as to the terms for admission, or
• by rejecting the person’s application

12.25 An association must not harass a person seeking to become a member (s.101(4)(b)).

12.26 An association must not victimise a person seeking to become a member (s.101(5)):

• in the arrangements it makes for selecting new members
• as to the terms for admission, or
• by rejecting the person’s application

12.28 ‘Arrangements’ can include how or to whom opportunities for membership are, or are not, publicised, forms of communication, application procedures, application forms, and the time of day, location and conduct of any selection process.

The arrangements an association makes for selecting new members might deter a person with a particular protected characteristic from applying, or even considering whether to apply.

12.29 ‘Terms for admission’ can include level of joining fee, conditions and initiation procedures.

12.31 The Act makes it unlawful for an association to discriminate against, harass, or victimise a member.

12.32 An association must not discriminate against a member (s.101(2)):

1. in the way it affords or denies them access to a benefit, facility, or service
2. by depriving them of membership
3. by varying their terms of membership, or
4. by subjecting them to any other detriment

12.33 ‘Benefit, facility, or service’ describes the wide range of material and non-material advantages enjoyed by members of an association and can include invitation or admission to meetings or events, use of equipment or facilities, access to discount schemes, bar or restaurant services, or receipt of journals or newsletters.

12.34 ‘Terms of membership’ can include fees or charges, voting rights, right to stand for office or to represent the association externally, conditions for use of facilities or participation in events.

12.35 For an explanation of ‘Detriment’ read paragraphs 9.12 to 9.16.

12.36 ‘Subjecting a member to any other detriment’ operates as a default category to cover a situation in which the member is put at a disadvantage in relation to their membership, but not in any of the ways specified above in paragraph 12.32(1), (2) or (3). Even if an association considers that they are acting in the best interests of a person, they may still be subjecting that person to a detriment.

12.38 An association must not harass any of its members (s.101(4)(a)).

12.40 An association must not victimise a member (s.101(6)):

• in the way it affords or denies them access to a benefit, facility, or service
• by depriving them of membership
• by varying their terms of membership, or
• by subjecting them to any other detriment

12.41 When a woman was not accepted as a member of a local business association, she complained that her rejection was sex discrimination. Her husband, a long-serving member of the association, supported her in her complaint. Some months later, he was told that he would not be representing this association at a national event as he had previously done, without complaint, for the last five years. His treatment by the association is likely to be victimisation if it resulted from his support of his wife’s complaint.

12.42 An association must not discriminate against an associate (s.101(3)):

• in the way it affords or denies them access to a benefit, facility, or service
• by depriving them of their rights as an associate
• by varying their rights as an associate, or
• by subjecting them to any other detriment

12.44 An association must not harass an associate (s.101(4)(c)).

12.46 An association must not victimise an associate (s.101(7)):

• in the way it affords or denies them access to a benefit, facility or service
• by depriving them of their rights as an associate
• by varying their rights as an associate, or
• by subjecting them to any other detriment

12.48 The Act makes it unlawful for an association, in certain circumstances, to discriminate against, harass, or victimise a guest or person seeking to become a guest (s.102).

What is unlawful in relation to people seeking to be guests?

12.49 An association must not discriminate (s.102(1)):

• in the arrangements it makes for deciding who to invite or who to permit to be invited, as a guest
• as to the terms on which it invites a person or permits that person to be invited, as a guest, or
• by not inviting, or not permitting the person to be invited, as a guest

12.51 An association must not harass a potential guest (s.102(3)(b)).

12.53 An association must not victimise a person seeking to become a guest (s.102(4)):

• in the arrangements it makes for deciding who to invite or who to permit to be invited, as a guest
• as to the terms on which it invites a person or permits that person to be invited, as a guest, or
• by not inviting, or not permitting the person to be invited, as a guest

What is unlawful in relation to guests?

12.55 An association must not discriminate against a guest (s.102(2)):

• in the way it affords or denies them access to a benefit, facility or service
• by subjecting them to any other detriment

12.57 An association must not harass a guest (s.102(3)(a)).

12.59 An association must not victimise a guest (s.102(5)):

• in the way it affords or denies them access to a benefit, facility or service, or
• by subjecting them to any other detriment

12.61 The Act makes it unlawful for an association to fail to comply with a duty to make reasonable adjustments (Sch. 15).

This duty (s.103(1)), which is explained in more detail in Chapter 7, is anticipatory. This means that associations are required to consider and take action in relation to barriers that impede disabled people prior to an individual disabled person seeking to become a member or a guest, or as a member, associate or guest seeking to enjoy the rights and the benefits, facilities, or services the association provides or is expected to provide (s.107(8)).

12.63 An association will not be required to take any steps that would fundamentally alter the nature of the association, or the nature of the benefit, facility or service concerned (Sch. 15 para 2 (7)).

12.65 If an association meets at the house of a member, there is no duty on that member to adjust the physical features of their house (Sch. 15 para 2(8)).

12.66 The Act permits associations of any size or character, other than political parties, to restrict their membership to persons who share a protected characteristic (Sch. 16). The only exception is that membership can never be restricted based on colour (Sch. 16 para 1(4)).

12.68 This provision does not apply to political parties (Sch. 16 para 1(5)). A registered political party is a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000. Under the Equality Act it is never lawful for a registered political party to restrict its membership to persons who share a protected characteristic; for example, it would not be lawful for a political party to allow only persons who are Scottish, or only Christians to be party members.

12.69 If an association restricts membership to persons who share a protected characteristic:

• the association may restrict the access of associates to a benefit, facility or service to associates who share the same protected characteristic (Sch. 16 para 1(2)), and
• the association may invite as guests or permit to be invited as guests only persons who share that same protected characteristic (Sch. 16 para 1(3))

12.71 Associations that restrict membership to persons who share a particular protected characteristic must not discriminate in relation to any other protected characteristic.

12.73 Other exceptions that apply to associations and their treatment of their members, associates and guests are discussed in Chapter 13.

12.74 These include exceptions relating to national security, charities, single sex services, services and membership of religious organisations, different treatment due to pregnancy-related health and safety concerns, and selection of people for participation in competitive sport.

12.75 The Act defines the circumstances in which an association may take positive action to overcome disadvantage, to meet different needs or to increase the participation of people sharing a protected characteristic (s.158). Chapter 10 explains this more fully.

12.76 An association may wish to take positive action to enable people within all relevant sections of the community to be admitted as members or to be invited as guests with full access to the benefits, facilities and services enjoyed by members or guests.

12.78 The Act permits a registered political party (read paragraphs 12.85 to 12.88) to take certain steps in their selection of election candidates to reduce the inequality in the party’s representation in the relevant elected body (s.104).

12.79 This applies to the following elections:

• elections to UK Parliament
• elections to the Scottish Parliament
• elections to the Senedd Cymru / Welsh Parliament
• local government elections

12.80 The Act provides that a registered political party may make arrangements (known as selection arrangements) (s.104(2)) for regulating the selection of its candidates for a relevant election (s.104(3)):

• if the purpose of the arrangements is to reduce inequality in the party’s representation in the elected body concerned (s.104(3)(b)), and
• if these arrangements are a proportionate means of achieving that purpose (read paragraphs 5.46 to 5.48 for an explanation of 'proportionate') (s.104(3)(c))

The requirement that selection arrangements must be proportionate does not apply to all-women shortlists (read paragraph 12.89).

12.81 Inequality in a party’s representation on an elected body means inequality between the number of a party’s candidates elected as members of that body who share a protected characteristic compared to the number of the party’s elected candidates who do not share that protected characteristic (s.104(4)). The comparison required by s.104(4) is of the current composition of the elected body concerned.

12.82 For this purpose, persons share the protected characteristic of disability if they are disabled persons in general. Selection arrangements that are restricted to persons that have a particular disability (for example, blindness) are not permitted (s.104(5)).

12.84 It is unlikely to be proportionate for a political party to adopt selection arrangements that focus exclusively on improving the representation of one particular group sharing a protected characteristic which would reduce further the selection prospects for people in other under-represented groups.

Reserved places on political party shortlists

12.85 Where there is inequality in a party’s representation, the Act permits a political party to adopt selection arrangements that would reserve a fixed number of places on their candidate shortlists for persons who share protected characteristics that are under-represented in the party’s elected candidates on the relevant body (s.104(7)).

12.86 As a general rule, political parties cannot reserve all the places on an election shortlist for people who share a particular protected characteristic. There are exceptions to this rule for the protected characteristics of sex (read paragraph 12.89 and paragraph 12.90) and disability (read paragraphs 12.91 to 12.95).

12.88 If a party achieves equality in respect of a particular protected characteristic in its representation on an elected body, it will not be able to continue to reserve shortlist places for people who share that protected characteristic or take any other measures under this provision, as it would no longer be a proportionate act.

Women-only shortlists

12.89 The Act maintains the provision, first introduced in the Sex Discrimination (Election Candidates) Act 2002, which permits registered political parties to select only women for their shortlist of candidates for election to a body, to reduce inequality between women and men in that party’s representation in the elected body concerned (s.105).

12.90 The Act extends the application of this provision until 31 December 2030. After this date women-only shortlists will be unlawful, unless the government makes an order extending this deadline.

Disability-only shortlists

12.91 Political parties can restrict shortlists to disabled candidates. This is because only those who meet the definition of disability under the Act are protected from disability discrimination and the Act specifically says that it is not direct discrimination to treat disabled people more favourably than someone who is not disabled (s.13(3)).

12.92 However, it would be direct disability discrimination if a party restricted a shortlist to disabled candidates with a particular impairment or type of impairment. This would be treating some disabled people more favourably than other disabled people because of their disability.

12.93 A disability-only shortlist will not be indirect discrimination if the political party can demonstrate that the arrangement is a proportionate means of reducing the inequality between its representatives who are not disabled and those who are disabled (s.104(3)(b), s.104(4) and s.104(5)).

12.95 Beyond the specific provisions described above that allow positive action in the selection or shortlisting of candidates, the general positive action provisions in the Act allow political parties to address disadvantage and under representation in their membership and party structures (s.158). For further information, read Chapter 10.

12.96 Some steps that associations could take to avoid discrimination include:

• reviewing conditions or requirements for membership in their constitution or rules, to ensure they are not discriminatory
• making any person, including any officer, member or employee, who acts or may be deemed to act on behalf of the association aware of their duties under the Act, providing training as necessary
• responding promptly and effectively to any complaint of discrimination, harassment or victimisation and making appropriate changes to provisions, criteria or practices
• identifying potential barriers for disabled people and making reasonable adjustments (Chapter 7 explains this more fully)