Zarah ChoudharyBritain’s approach to tackling discrimination needs fundamental reform, according to a discussion paper published by the Institute of Economic Affairs (IEA) looking at the Equality Act.
In Liberalising Discrimination Law, Daniel Freeman and Alex Morton argued that the UK’s anti-discrimination measures should focus solely on outlawing direct discrimination rather than attempting to equalise outcomes between different groups.
They called for stripping back the 2010 Equality Act by removing the concept of ‘indirect discrimination’, stopping the use of positive action in employment and promotion, and repealing the Public Sector Equality Duty, which requires public bodies to advance equality of opportunity.
Freeman and Morton argued that the current approach shifts focus from individuals to group identities, creating a two-tier society where people are treated differently based on characteristics such as sex, race, or ethnicity.
They claimed that efforts to equalise group outcomes overlooked individuals facing genuine disadvantage, such as those from low-income backgrounds, while benefiting others purely based on identity.
The report traced the UK’s approach to anti-discrimination law over the past 70 years, moving from non-intervention to outlawing direct discrimination, addressing systemic inequalities, and ultimately adopting policies aimed at equalising outcomes.
The authors criticised elements of the Equality Act that allow claims of indirect discrimination and promote positive action in hiring and promotion, arguing these policies prioritise group outcomes over fairness for individuals.
They claimed this has led to unintended consequences, moving the focus away from individual rights and fairness.
Freeman and Morton called for reform to ensure people are treated as equal citizens rather than as members of identity groups.
Alex Morton, former director of strategy at the Institute of Economic Affairs, said: “People should be treated as individuals in a liberal society.
“The Equality Act does not achieve this and instead in parts promotes group identities in a divisive way.
“It should be stripped back to only outlaw direct discrimination.”
Daniel Freeman, managing editor at the Institute of Economic Affairs, said: “Anti-discrimination law was initially intended to shield individuals from unfair acts of direct discrimination but over recent decades it has dramatically widened in scope and ambition.
“It can increasingly be used as a tool to engineer social outcomes in ways that are illiberal and at times discriminatory.
“If politicians wish to reverse this mission creep the Equality Act will need to be reformed.”
