Legal and Professional Framework

The essentials

The Equality Act 2010 protects people from discrimination, harassment and victimisation linked to nine protected characteristics (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex, sexual orientation). ^[1]

In optical practice, these duties link with GOC Standards (including Standard 11), the Public Sector Equality Duty (for NHS providers), UK GDPR/confidentiality rules, and employment frameworks such as contracts, policies and Acas guidance. ^[3][2][7][5]

Employers can be held responsible for unlawful acts by staff in the course of employment unless they took all reasonable steps to prevent them (vicarious liability). ^[9]

What this means day to day

Indirect discrimination is common in procedures and rules. Example: a blanket “Saturdays mandatory” rule may disadvantage some religious groups unless it can be objectively justified. ^[2][1]

Harassment happens when behaviour linked to a protected characteristic violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. ^[1]

Victimisation protects people from being treated badly after raising or supporting a complaint. ^[1]

Reasonable adjustments for disability remove or reduce substantial disadvantage. These can be physical (clear, high-contrast signs), technological (screen reader), or organisational (more processing time, flexible shifts). ^[6][7]

Key documents to follow

• Equality Act 2010; GOC Standards of Practice; Standards for Optical Businesses. ^[1][3]
• NHS People Plan/EDI policies (where relevant); Acas codes on discipline/grievances. ^[4][2][5]
• UK GDPR/Data Protection Act 2018; whistleblowing protections. ^[7][3]

Good records

Keep notes that are proportionate and factual: what happened, dates/times, who was involved, the immediate impact on service, short-term controls, and the escalation route. Avoid including sensitive personal data unless necessary. ^[7][4]

Records that show accountability are often decisive. ^[4]

Examples of useful evidence

• Shortlisting notes showing how criteria were scored against a set framework; reasons for the decision. ^[5][1]
• Reasonable-adjustment decisions with who authorised, risks considered, and a review date. ^[6]
• Objective justification for a rule that could disadvantage a group (business need, options considered, supporting evidence). ^[5]
• Patient-facing logs showing interpreter services were offered/booked or information was given in an accessible format. ^[8][7]

Policies, training and oversight

Optical providers should keep clear, active policies for: equal opportunities; bullying/harassment; reasonable adjustments; recruitment; whistleblowing; complaints. Policies should link to training, reporting routes and governance checks. ^[4][3][5]

Leaders must make sure staff know how to raise concerns (formally and informally), that investigations follow agreed timelines, and that outcomes lead to learning actions—not just findings. ^[4][3]

Agency and locum staff

When using agency or locum staff, onboarding should set EDI expectations, signpost incident-reporting systems, and explain how to get support. This avoids gaps in protection. ^[5]

References (numbered in text) Why we include references

1. Equality Act 2010 — legislation.gov.uk Find (opens in a new tab)
2. Public Sector Equality Duty — Equality and Human Rights Commission Find (opens in a new tab)
3. Standards of practice for optometrists and dispensing opticians — General Optical Council Find (opens in a new tab)
4. Standards for optical businesses — General Optical Council Find (opens in a new tab)
5. Discipline and grievances at work: the Acas guide — Acas Find (opens in a new tab)
6. Employing people: workplace adjustments — Equality and Human Rights Commission Find (opens in a new tab)
7. Special category data — Information Commissioner's Office Find (opens in a new tab)
8. Accessible Information Standard — NHS England Find (opens in a new tab)
9. Majrowski v Guy's and St. Thomas' NHS Trust — House of Lords (publications.parliament.uk) Find (opens in a new tab)