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able to manage this risk by implementing
procedures in which a script, setting out
the risks associated with the activity,
is read. As part of this statement the
participant acknowledges that they are
entering into a contract and agree to
waive their rights against the activity
provider before payment takes place.
Minors
Although a release can allow a parent
to indemnify the activity provider for any
injuries to their children, it is probably the
case that a release signed by a parent or
Everyone is Equal!
Legal Aid
The Equality Act 2010 came in to force
in the United Kingdom on 1 October. A
consolidating act, it replaces and updates
a raft of anti-discrimination legislation. In
this article we briefly consider how the Act
impacts sports clubs and associations.
It is firstly important to note that the new
legislation contains specific content
relating to sport.
The Act allows discrimination in relation
to a person’s nationality, place of birth
or period of residence in the selection
of persons to represent a geographic
area at a sport. This makes it lawful for
example to select a team based on
qualifying criteria of nationality.
In relation to gender, the Act permits
discrimination in the participation in
sports in which physical strength, stamina
or physique of average persons of one
sex would put them at a disadvantage
compared to average persons of the other
sex. This allows the lawful separation of
men and women in sporting contest. The
conditions are more obvious post puberty,
but for children careful consideration is
required. For example, children up to
the age of around 12 years display little
difference in strength and stamina and so
mixed sex athletics is appropriate.
It is unlawful however to restrict the
participation of a transsexual person in
sporting competition unless it necessary
in the interest in of fair competition or the
safety of other competitors.
Many sporting clubs and associations
will have rules that govern membership
and the Equality Act lays down forms
of discrimination that are permissible.
However, this section of the legislation
loss of rights and be incorporated
into the contract, prior to or at the
time of payment.
3 The release needs to identify the
entity or a trading name of the
business or businesses providing
the recreational activity.
4 Activity providers should not count
upon a release as being effective to
exclude liability for injuries suffered
by children.
applies only to a group
of 25 or more members
which has rules, written
or unwritten, governing
membership. Any group
of members meeting
this
definition
are
likely to be deemed an
association in equality
law, regardless of whether the association
is run for profit or not or its legal status
under company law. Groups that do
not meet this criteria may disregard the
section of the Act concerning association
membership.
The legislation makes reference to
‘protected characteristics’. There are
nine such protected characteristics: age;
disability; gender reassignment; marriage
and civil partnership; pregnancy and
maternity; race; religion and belief; sex;
and sexual orientation. Associations
whose membership is subject to the
provisions of the Act should review their
rules or constitution to ensure legality in
relation to those protected characteristics.
Some particular matters for consideration
are set out below.
A club may restrict its membership to
people who share a particular protected
characteristic, except skin colour, but may
not exclude a specific particular protected
characteristic. Therefore, for example,
a club may restrict its membership to
Christians but it would be unlawful for a
club to accept all faiths to membership
except Christianity.
A club may not differ its terms of
membership, benefits or services based
upon a protected characteristic. For
instance, it would be unlawful for a
sporting facility to charge a lesser price
to women on the basis that they are more
likely to be available to use the facility at
times when it would otherwise be less
busy. It is acceptable to charge differing
prices to all users at differing times of the
day: perhaps one price for all during the
day and a different price for all during the
evening.
A club may restrict the terms of member-
ship on the grounds of health and safety
for a woman who is pregnant. To illustrate,
a hockey club could not refuse the mem-
bership of a pregnant woman but could
restrict her participation in the sport.
It is lawful to discriminate in favour of
disabled persons, this allowed to assist
access to services for disabled persons.
Finally, it is permissible to target persons
with a protected characteristicwith positive
action in certain circumstances, but only
where it can be demonstrated that they
have a need that differs, a track record
of disadvantage or low participation.
Particular care must be taken with such
action to ensure compliance with the
Equality Act.
Further information concerning the
EqualityAct 2010 can be obtained from the
Equality and Human Rights Commission
(see
www.equalityhumanrights.com
).
by a child will not be effective to exclude
liability for personal injury to children.
Summary
1 Releases will not provide immunity
against claims. However, they can
be worthwhile as a disincentive
to bring a claim and can act as a
useful tool to cheaply settle claims
and, in some cases, they have
been upheld by the Court.
2 The release needs to put the
participant on notice of the potential
risks of the activity and warn of the
What does the new UK Equality Act 2010 mean for
sport? Dominic Ford, Sportscover’s Compliance
Officer provides an overview of how it affects sport in
the UK.
1
Introduction
This guide is one of a series written by the Equality and Human Rights Commission to
explain what you must do to meet the requirements of equality law. These guides will
support the introduction of the Equality Act 2010. This Act brings together lots of different
equality laws, many of which we have had for a long time. By doing this, the Act makes
equality law simpler and easier to understand.
There are three guides giving advice on your responsibilities under equality law when
providing goods, facilities and services, carrying out public functions or running an
association. These are aimed at:
1. Associations, clubs and societies
2. Businesses
3. Voluntary and community sector organisations, including charities
Guidance for people and organisations working in areas of the public sector other than in
education will be published at a future date. We have produced a separate series of
guides which explain what equality law means for you if you are providing education
services, whether in a school or in further or higher education.
Other guides and alternative formats
We have also produced:
x
A separate series of guides which explain what equality law means for you if you are
an employer.
x
Different guides for individual people who are using services, or working and who want
to know their rights to equality.
2
If you require this guide in an alternative format and/or language please contact the
relevant helpline to discuss your needs.
England
Equality and Human Rights Commission Helpline
FREEPOST RRLL-GHUX-CTRX
Arndale House, Arndale Centre, Manchester M4 3AQ
Telephone: 0845 604 6610
Textphone: 0845 604 6620
Fax: 0845 604 6630
Scotland
Equality and Human Rights Commission Helpline
FREEPOST RSAB-YJEJ-EXUJ
The Optima Building, 58 Robertson Street, Glasgow G2 8DU
Telephone: 0845 604 5510
Textphone: 0845 604 5520
Fax: 0845 604 5530
Wales
Equality and Human Rights Commission Helpline
FREEPOST RRLR-UEYB-UYZL
3rd Floor, 3 Callaghan Square, Cardiff CF10 5BT
Telephone: 0845 604 8810
Textphone: 0845 604 8820
Fax: 0845 604 8830
www.equalityhumanrights.com
What equality
law means for your
association, club
or society.
July 2010
1.
Equality Act 2010 Guidance for service providers.
Vol. 1 of 3.