Beyond the Boxes: Why We Must Legally Recognise Combined Discrimination Now

Imagine being told to “wait for the next bus” not just because you use a wheelchair, but because you’re also a woman, and Asian. Now imagine being blamed for holding up the journey. This isn’t hypothetical. It’s real, and it happens every day to people whose identities don’t fit neatly into the boxes the law currently allows.

The Combined Discrimination Summit, hosted by Equally Ours in June 2025, gathered over 80 voices from across legal, advocacy, public service, and lived experience communities. Their message was clear: our current legal framework is failing people who face layered and intersecting discrimination.

The Issue: When Law Lags Behind Life

Section 14 of the Equality Act 2010 was designed to address “combined discrimination” where a person is treated unfairly not just because of their race, gender, disability, age, religion or sexuality, but because of the unique intersection of those characteristics.
Section 14 of the Equality Act 2010 deals with combined discrimination, also referred to as dual discrimination. It was intended to allow a person to bring a discrimination claim based on a combination of two protected characteristics (e.g. race and sex, or disability and age), rather than having to choose just one.

In brief, Section 14 says:

  • A person can claim discrimination if they are treated less favourably because of a combination of two protected characteristics.
  • It only applies to direct discrimination, not indirect discrimination, harassment, or victimisation.
  • It is currently not in force, meaning it exists in the law but cannot be used until the government brings it into effect.

Why this matters:

Real-world discrimination often occurs at the intersections of identity, for example, Black women may face discrimination not just as Black people or as women, but as Black women specifically. Section 14 was meant to recognise and protect against that reality, but has never been implemented, leaving a serious gap in legal protection.

This legal silence means people who experience discrimination at multiple intersections must try to separate their lived experience into fragmented, single-issue claims.

The Key Message: Combined Discrimination Is Real and Urgent

The summit revealed just how widespread and harmful intersectional discrimination is in housing, education, employment, healthcare, and beyond. Human beings are falling through legal gaps.

Despite some progress in case law, the absence of section 14 continues to undermine access to justice, obscure the reality of discrimination, and perpetuate structural inequality.

What Needs to Change ASAP

  • Commence and Improve Section 14:
  • Update the wording to include indirect discrimination, harassment, and victimisation.
  • Allow claims involving more than two protected characteristics. Simplify comparator requirements.
  • Train Judges, Lawyers, and Frontline Services:

Ensure legal professionals understand the complexity of lived experience. Embed intersectionality into workplace, school, and public service policies not as a tick-box, but as a lens.

Improve Access to Justice:

  • Restore early disclosure tools. Expand legal aid and advocacy support. Provide emotional and practical support.

Strengthening the Public Sector Equality Duty (PSED):

  • Integrate section 14 explicitly and mandate intersectional Equality Impact Assessments.

Prioritise Data, Evidence, and Representation:

  • Fund research which captures layered discrimination.
  • Ensure disaggregated data.
  • Use community-led participation.

Why It Matters: This Isn’t Just About Law, It’s About Lives

A Black child who is disabled is excluded from school. A Roma woman hiding her identity at work. A queer Muslim man afraid to seek healthcare.
Their experiences are not outliers they are symptoms of a legal and cultural system that’s overdue for change.

The Action: Be the Change

Whether you’re a policymaker, practitioner, or community member, you can help turn these findings into action:

  • Call on government to commence and amend section 14 of the Equality Act 2010.
  • Review your policies for intersectional blind spots.
  • Collect better data — disaggregated and people-centred.
  • Raise awareness: run sessions, write blogs, or share stories.
  • Support legal reform and fund advocacy efforts.

Final Thought

The law should protect people as they are — not as it finds it easiest to define them. Combined discrimination isn’t a legal technicality. It’s a daily, dehumanising reality.

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