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Equality and Diversity Obligations for SQE1

Part of our SQE1 Legal Services guide → View the full SQE1 Legal Services guide

02 May 2026

Revise equality and diversity obligations for SQE1 Legal Services, including the Equality Act 2010 and professional conduct expectations.

Legal Services > Equality and Diversity Obligations

Equality and diversity obligations require solicitors and law firms to promote inclusion and treat everyone fairly, both in the delivery of legal services and in the workplace. SQE1 tests this topic through the lens of the SRA Principles (specifically Principle 6), the SRA Code of Conduct, and the Equality Act 2010. A key trap is thinking these are soft, aspirational obligations—they are not. They are mandatory and breach can result in discipline.

What Are Equality and Diversity Obligations in SQE1?

Candidates often lose marks on SQE1 by treating equality obligations as purely aspirational — SRA Principle 6 creates enforceable duties, and failure to comply can result in regulatory action. Solicitors must act in a way that encourages equality, diversity, and inclusion (SRA Principle 6). This is not just a general aspiration—it is a mandatory Principle that applies to how solicitors interact with clients, colleagues, and third parties. These obligations are reinforced by the Equality Act 2010, which prohibits discrimination on the basis of protected characteristics, and by specific provisions in the SRA Code of Conduct for both solicitors and firms.

Understanding equality and diversity is critical because SRA Principle 6 can override client instructions, and reasonable adjustments for disabled clients are a practical, worth revising carefully duty. This topic also intersects with Duties to Clients and Client Care in the context of vulnerable clients.

Key Principles for SQE1

  • SRA Principle 6: Solicitors must act in a way that encourages equality, diversity and inclusion. This is one of the seven mandatory SRA Principles.

  • Paragraph 1.1 of the SRA Code of Conduct for Solicitors: You must not unfairly discriminate by allowing your personal views to affect your professional relationships or the way in which you provide your services.

  • The Equality Act 2010: Prohibits direct discrimination, indirect discrimination, harassment, and victimisation on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

  • SRA Code of Conduct for Firms: Firms (paragraph 1.1) must not unfairly discriminate and must encourage equality, diversity, and inclusion. This is a firm-level obligation, not just an individual solicitor obligation.

  • Reasonable Adjustments: Under the Equality Act 2010, service providers (including law firms) must make reasonable adjustments for disabled clients and employees to avoid substantial disadvantage. This is a positive, anticipatory duty, not a reactive one.

  • Scope of Obligations: The obligations extend to recruitment, promotion, service delivery, and all professional interactions. Sole practitioners are not exempt.

  • Breach Consequences: Breach can result in SRA disciplinary action (under the SRA Principles and Code of Conduct) and/or civil liability (under the Equality Act 2010).

Exam tip

SRA Principle 6 overrides client instructions—if a client instructs you to discriminate, you must refuse. The Equality Act 2010 test for reasonable adjustments applies anticipatorily: you must consider alternatives before declining to act. Sole practitioners are not exempt from the duty to make reasonable adjustments. Pregnancy discrimination is direct sex discrimination with no justification defence.

How This Appears in SQE1 Questions

SQE1 questions on equality and diversity typically present a scenario involving discrimination or a failure to make reasonable adjustments. The trap is choosing an answer that tolerates discriminatory behaviour because it reflects the personal beliefs of a solicitor or a client's instructions. Under the SRA Principles, a solicitor cannot allow personal views to affect professional conduct, and must not follow client instructions to discriminate.

A client instructs their solicitor to refuse to negotiate with the opposing party's solicitor because of that solicitor's ethnicity. The solicitor is unsure how to respond.

This is a common SQE1 pitfall.

Common Mistakes Students Make

  • Assuming that a client's instructions to discriminate must be followed because of the duty to act in the client's best interests—Principle 6 overrides discriminatory instructions.
  • Confusing direct discrimination (treating someone less favourably because of a protected characteristic) with indirect discrimination (applying a provision that disproportionately disadvantages a group).
  • Forgetting the duty to make reasonable adjustments for disabled clients and employees.
  • Treating equality and diversity as a soft obligation rather than a mandatory SRA Principle with disciplinary consequences.

Quick Summary

  • SRA Principle 6: solicitors must act in a way that encourages equality, diversity and inclusion; paragraph 1.1 SRA Code: must not unfairly discriminate.
  • Equality Act 2010: prohibits direct discrimination, indirect discrimination, harassment and victimisation on nine protected characteristics.
  • Reasonable adjustments: service providers (including law firms) must make reasonable adjustments for disabled clients and employees to avoid substantial disadvantage.
  • Solicitors cannot follow client instructions to discriminate; SRA Principle 6 overrides discriminatory instructions.
  • Sole practitioners are not exempt from equality and diversity obligations; all service providers must comply.
  • Pregnancy discrimination is direct sex discrimination with no justification defence under section 18, Equality Act 2010.

Want to test this now? Try a few SQE1-style questions below before moving on.

Test Yourself

Test yourself

Quick check questions based on this article.

Question 1

Scenario

A solicitor is advising a client who has been dismissed from her employment at a retail store. The client informed her employer that she was pregnant eight weeks ago. Two weeks after the announcement, the employer informed the client that her performance had declined and that she was being dismissed. The client had received no prior warnings about her performance. The employer's HR manager states that the dismissal was based on performance concerns that arose before the pregnancy was announced. The employer has not produced any written evidence of the performance concerns. The client has been employed for 18 months. The client's most recent appraisal, conducted three months before the pregnancy announcement, rated her performance as satisfactory. The store employs 25 people. The client was the only pregnant employee at the time of dismissal. The employer recently hired a replacement for the client's role. The employer has an employee handbook that outlines a formal disciplinary process. The formal disciplinary process was not followed prior to the client's dismissal.

Under which provision of the Equality Act 2010 should the client's claim be brought?

Question 2

Scenario

A solicitor is advising a local authority that is reviewing its policy on providing translation services for residents who do not speak English as a first language. The authority currently provides translation services for all interactions with its housing department, social services, and planning department. A newly elected councillor has proposed that translation services should be limited to emergency situations only, arguing that providing routine translation encourages residents not to learn English and places an unnecessary financial burden on the authority. The proposal would save the authority approximately £150,000 per year from a total budget of £180 million. The authority's equality officer has identified that 22% of the borough's population speak a language other than English as their first language. The largest non-English speaking groups are Polish, Bengali, and Somali communities. The equality officer has also noted that a disproportionate number of residents requiring translation services are from ethnic minority backgrounds. The authority is subject to the public sector equality duty under section 149 of the Equality Act 2010. The previous policy on translation was introduced following a best value review in 2015. The councillor's proposal has been published in the local newspaper.

Which of the following best describes the primary legal concern with the councillor's proposal?

Question 3

Scenario

A solicitor is advising an employer that has dismissed an employee, Mr Kowalski, who is Polish. Mr Kowalski worked as a delivery driver for a logistics company. He was dismissed after receiving three complaints from customers about his English language skills. The employer's investigation found that Mr Kowalski's English was adequate for the role and that the customer complaints contained racially derogatory language. The employer's dismissal letter states that the company dismissed Mr Kowalski to maintain customer satisfaction and protect its commercial reputation. The employer did not take any action against the customers who made the complaints. Mr Kowalski was the only non-British employee in his team of 12 drivers. The employer has a written equal opportunities policy that includes a commitment to 'zero tolerance of racial discrimination'. The employer's HR manager conducted the investigation and recommended that Mr Kowalski be retained, but was overruled by the regional director who authorised the dismissal. Mr Kowalski has been employed by the company for three years. The solicitor has identified that the firm previously acted for the logistics company on a commercial lease matter that concluded 18 months ago. The solicitor has conducted a conflict check and considers that no conflict exists.

Which of the following best describes Mr Kowalski's strongest claim and the key legal issue?

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