The Equality Act: Compliance and Best Practices

The Equality Act 2010 is a fundamental piece of U.K. legislation that protects individuals from discrimination and promotes equality across all aspects of life—including in the digital world. While the Act doesn’t explicitly mention web accessibility, its broader mandate to ensure equal access to goods, services, and information extends to digital experiences.

With one in five people in the U.K. living with a disability, creating accessible websites is essential to meeting every user’s needs. However, many websites and mobile apps remain difficult—or even impossible—for individuals with disabilities to navigate. The Equality Act plays a vital role in breaking down digital barriers and ensuring everyone can participate fully in the online world.

In this blog, we’ll unpack the Equality Act, its implications for digital accessibility, and the steps needed to create digital spaces that are inclusive and usable for everyone.

Why was the Equality Act created?

The Equality Act was created to simplify and strengthen existing anti-discrimination laws in the U.K. Prior to its introduction, multiple laws addressed different types of discrimination, leading to complexity and inconsistency in the protections offered to U.K. citizens.

To help solve this challenge, the Equality Act merged several key pieces of legislation, including the Equal Pay Act 1970 and the Disability Discrimination Act (DDA) 1995, which was the U.K.’s first law aimed at protecting people with disabilities from discrimination.

The Equality Act consolidated these laws into one clear framework, offering stronger protections against discrimination on the basis of nine “protected characteristics,” including disability, race, gender, and age.

Who does the Equality Act apply to?

The Equality Act applies to a wide array of service providers across both the public and private sectors in England, Scotland, and Wales. Public-sector bodies covered by the law include:

• Central and local government organizations
• Certain charities and non-governmental organizations

Notably, public-sector bodies in the U.K. must also comply with the Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 (S.I. 2018/852). This law requires government services to meet the accessibility standards outlined in WCAG 2.2 AA, using these guidelines as the benchmark for ensuring accessibility across thousands of government services. The GOV.UK Design System supports teams by providing accessible code and essential guidance for creating consistent, user-friendly, and accessible services within the GOV.UK ecosystem.

The Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018 builds on organizations’ existing accessibility obligations under the Equality Act (or the DDA 1995 in Northern Ireland).

While private organizations do not have the same Public Sector Equality Duty (PSED) as public-sector organizations, they must comply with the Equality Act when they perform public functions—for example, running correctional facilities or providing care on behalf of the National Health Service (NHS).

How to comply with the Equality Act

Both the Equality Act (in England, Scotland, and Wales) and the DDA (in Northern Ireland) require public-sector bodies to make “reasonable adjustments” to ensure that people with disabilities have equal access to services.

With regard to web accessibility, the best way for organizations to comply with the law is to bring their websites into conformance with the Web Content Accessibility Guidelines (WCAG).

WCAG is globally acknowledged as the benchmark for web accessibility, providing a comprehensive framework for making websites, digital content, and applications accessible to people with various disabilities.

These internationally recognized guidelines serve as a practical roadmap for organizations to achieve compliance with the Equality Act by providing equal access to online experiences for all users.

Importantly, public-sector bodies must also publish and regularly update accessibility statements.

How is the Equality Act enforced?

The Government Digital Service (GDS), led by the Central Digital and Data Office (CDDO), monitors public-sector organizations’ compliance with accessibility standards by conducting an annual review of a sample of websites and mobile apps. As part of this effort, GDS can request information or access to any public-sector organization’s digital platforms, including intranets and extranets.

The CDDO will also monitor organizations’ accessibility statements. If this authority determines that an organization has not published or maintained an accurate accessibility statement, it will publicly name the organization and decide on appropriate compliance measures or enforcement actions.

Additionally, the Equality and Human Rights Commission (EHRC) and the Equality Commission for Northern Ireland (ECNI) can take legal action against non-compliant organizations. Their powers include conducting investigations, issuing unlawful act notices, and pursuing court action.

A checklist for compliance with U.K. website accessibility laws

How can your organization ensure its websites and apps meet the U.K.’s legal requirements for accessibility?

To get started, your web team should adopt best practices that align with WCAG. Here’s a quick checklist of accessibility considerations to help you work toward compliance with the Equality Act:

1. Keyboard navigation: Make sure all interactive elements, such as links, buttons, and forms, can be accessed and navigated using only a keyboard.

2. Alt text for images: Provide clear and descriptive alt text for all non-decorative images. Alt text allows screen readers to convey the content of an image, and also benefits users with limited bandwidth or who disable images.

3. Closed captions for videos: Offer closed captions for videos to make audio content accessible to users who are deaf or hard-of-hearing, as well as those in noise-sensitive environments.

4. Color contrast: Ensure there is strong contrast between text and background colors to improve readability, especially for users with visual disabilities or color blindness.

5. Screen reader compatibility: Organize content with proper headings, lists, and landmarks so that it is easily navigable and understandable by screen reader users.

6. Accessible forms: Ensure all forms have clear, descriptive labels and are fully keyboard-navigable and compatible with screen readers for better accessibility.

Demonstrate your commitment to accessibility

Achieving compliance with the Equality Act involves more than simply adhering to a technical checklist. It requires a holistic commitment to ensuring all users have equal access to online experiences.

The most efficient and responsible way to create inclusive, compliant digital experiences is to take a proactive approach: incorporate accessibility from the very start of your design and development process.

Resources like the GOV.UK Design System can help streamline your efforts, but you’ll also want to take advantage of tools that support accessibility scanning and testing at every stage of the creation process. These tools should seamlessly integrate with your existing workflows, enabling teams to identify and fix accessibility issues beginning in the design phase and continuing through pre-production and post-production.

Equally important is evaluating accessibility through usability testing. During this testing, native users of assistive technology aim to complete important tasks—like logging in or completing a purchase—the way any user would. This type of testing can reveal barriers that might otherwise go unnoticed, ensuring your digital products genuinely meet the needs of a diverse audience.

You may also consider obtaining a professional audit by an accessibility expert, which should include usability testing by people with disabilities.

Navigate U.K. web accessibility laws with a trusted partner

Staying compliant with the U.K.’s accessibility requirements for websites and mobile apps can be complex. When exploring web accessibility tools and services, it’s wise to choose a team that can help you gain clarity on your obligations under the Equality Act and support you in implementing best practices that keep your site usable for everyone.

To learn more about how Level Access can help you on your web accessibility journey, contact our team today.

FAQ

Is DDA compliance still relevant in the U.K.?

While the DDA 1995 is no longer active in most of the U.K., its principles live on under the Equality Act 2010. For Northern Ireland, however, U.K. DDA regulations remain in effect, and organizations must comply with the law’s requirements, including ensuring digital content is accessible.

Are the Equality Act requirements for digital accessibility legally binding?

The Equality Act 2010 doesn’t explicitly mandate digital accessibility but service providers, (including website owners) are required to make reasonable adjustments to ensure online experiences work for everyone, including those with disabilities.

Can an organization face legal action for inaccessible websites?

Organizations with inaccessible websites may be regarded as discriminatory under the Equality Act, which could lead to regulatory scrutiny. While this doesn’t always result in litigation, non-compliance can still carry serious consequences.