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This Practice Note sets out the circumstances in which claims of Discrimination, Harassment and Victimisation and certain other claims, known as ‘prohibited conduct’ claims under the Equality Act 2010 (EqA 2010), may arise, before, during and after employment.

This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.

Domestic laws that have been made to implement UK obligations under EU law (such as the obligation to implement a Directive) were retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.