How Does EHRC Enforcement Work in England, Wales and Scotland?

Who this guide is for

People in England, Wales or Scotland who want to know what the Equality and Human Rights Commission (EHRC) can and cannot do about discrimination, whether it can take up their own case, and where to go instead.

What this guide does not cover

• Northern Ireland: see the Northern Ireland guide. The Equality Commission for Northern Ireland does this work there, under different laws.
• Whether what happened to you counts as discrimination, and how much compensation you might get. This guide does not cover them: ask the Equality Advisory and Support Service (EASS) or Acas.
• Reasonable adjustments at work: see our reasonable adjustments guide. Pregnancy and maternity at work: see our maternity pay guide. Whistleblowing: see our whistleblowing guide.
• Discrimination by a school, human rights claims that do not involve the Equality Act 2010, and the details of the specific duties on public bodies. This guide does not cover them: ask EASS.
• Your exact tribunal deadline: see our tribunal deadline guide.

What the rules depend on

1. Where are you? In England, Wales or Scotland the EHRC is the regulator and EASS gives advice. In Northern Ireland it is the Equality Commission for Northern Ireland: see the Northern Ireland guide.
2. Do you want something for yourself, or do you want an organisation made to change? Compensation for you needs your own claim. EHRC enforcement is about making organisations comply, and the EHRC decides for itself which organisations to act against.
3. Is it about work, or about a service, a public body or housing? Work claims go to an employment tribunal, after early conciliation with Acas. Most Equality Act claims that are not about work go to the county court in England and Wales or the sheriff court in Scotland.
4. When did it happen? Your time limit runs from the date of the act you are complaining about.

"Can the EHRC take up my discrimination complaint?"

No. The EHRC does not respond to individual enquiries for advice and support: that is the role of EASS.

EASS is an independent advice service, not run by the EHRC. It gives advice on discrimination to individuals across Great Britain, explains your legal rights and remedies, and explains options for sorting things out informally.

EASS can help you check whether you can get legal aid. If you cannot, it can help you find a legal service or prepare and lodge a claim yourself.

EASS does not give legal advice, does not represent you in legal proceedings, and does not advise on court or tribunal procedure once a claim has been issued.

"Can the EHRC give me legal help?"

The EHRC has a power to give legal assistance, which can include representation. It can give this to someone who says they are the victim of conduct that breaks the Equality Act 2010 and who is or may become a party to legal proceedings (Equality Act 2006, section 28).

It picks the cases it helps. It looks for cases with a strategic impact, such as cases that could clarify the law or where the harm is serious, and it considers the strength of the claim and whether the case would go ahead without its help.

It cannot give legal assistance in a case that raises only human rights issues.

It can also bring court proceedings in its own name, including judicial review of a public body, and it can ask a court for permission to intervene in a case brought by someone else (section 30).

"What can the EHRC do to an organisation?"

The EHRC enforcement powers are in the Equality Act 2006. They apply in England, Wales and Scotland.

• Investigation (section 20): the EHRC can investigate an organisation only if it suspects it has committed an unlawful act. It must give the organisation draft terms of reference and consider its comments, and it must show a draft report to an organisation it finds has acted unlawfully before it publishes the final report.
• Information notices: during an investigation or assessment, the EHRC can give a notice requiring information, documents or oral evidence. Failing to comply with the notice or a court order, falsifying anything provided, or giving false oral evidence, without a reasonable excuse, is a criminal offence.
• Unlawful act notice (section 21): after an investigation, if the EHRC is satisfied that an organisation has acted unlawfully, it can give it a notice saying so. The notice can require the organisation to prepare an action plan and can recommend action.
• Appeal: the organisation can appeal within 6 weeks, starting with the day the notice is given. The appeal goes to an employment tribunal if a tribunal could hear a claim about the unlawful act. That includes work cases and the duty to prevent sexual harassment. Otherwise it goes to the county court (England and Wales) or the sheriff court (Scotland). The organisation can argue that it did not commit the unlawful act, or that a requirement to prepare an action plan is unreasonable.
• Action plan (section 22): the EHRC can approve a draft plan or say it is not adequate and ask for a revised one. If the organisation does not produce a plan or does not keep to it, the EHRC can ask the county court or sheriff court for an order. Not complying with that order without a reasonable excuse is a criminal offence. The penalty is a fine of up to level 5 on the standard scale.
• Agreement (section 23): the EHRC can agree with an organisation that it will comply with the law, instead of an investigation or assessment. Signing an agreement does not mean the organisation admits breaking the law. While it keeps to the agreement, the EHRC takes no enforcement action on that point.
• Injunction, or interdict in Scotland (section 24): if the EHRC thinks an organisation is likely to commit an unlawful act, or is not keeping to an agreement, it can ask the county court (England and Wales) or the sheriff court (Scotland) for an order.

"A public body is ignoring equality"

A public authority must, in carrying out its functions, have due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity, and foster good relations between people who share a protected characteristic and people who do not (Equality Act 2010, section 149). This is the public sector equality duty.

An organisation that is not a public authority has the same duty when it carries out public functions, but only for those functions.

The EHRC can assess whether a public authority has complied with this duty without first suspecting an unlawful act (Equality Act 2006, section 31).

If the EHRC finds the authority has not complied, it can give a compliance notice (section 32). The authority must then tell the EHRC in writing, within 28 days, what it has done or will do to comply.

If the authority does not comply with that notice, the EHRC can apply to the High Court (England and Wales) or the Court of Session (Scotland) for an order.

England, Wales and Scotland each have their own specific duties regulations for public bodies. The EHRC can give a compliance notice for a breach of those without an assessment first.

"My employer is not doing anything about sexual harassment"

Since 26 October 2024, employers must take reasonable steps to prevent sexual harassment of their employees in the course of their employment (Equality Act 2010, section 40A).

Since 30 October 2026 this has been a duty to take all reasonable steps. Since the same date employers are also liable for harassment of their workers by third parties, such as customers or clients. This applies unless they have taken all reasonable steps to prevent it (Employment Rights Act 2025, sections 20 and 21, in force from 30 October 2026).

You cannot bring a claim for a breach of this duty on its own. The EHRC can enforce it with its unlawful act powers, and an employment tribunal can increase the compensation in a successful sexual harassment claim if the employer breached the duty.

The duty is about sexual harassment (unwanted conduct of a sexual nature), not other kinds of harassment.

Deadlines you must meet

• Before most employment tribunal claims, you must notify Acas to start early conciliation.
• Most tribunal claims, including discrimination: 3 months less 1 day from the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
• County court or sheriff court claims under the Equality Act 2010: 6 months starting with the date of the act, or a longer period if the court thinks it just and equitable.
• Contacting the EHRC or EASS does not pause either time limit.
• Your exact date depends on your facts: see our tribunal deadline guide.

Traps

• The EHRC is a regulator, not a complaints service. Telling it about a problem is not the same as making a claim.
• An EHRC investigation or notice does not pay you compensation. For that you need your own claim.
• An unlawful act notice is not a fine. A criminal offence only arises if an organisation ignores a court order or an information notice.
• EASS is not part of the EHRC, and it does not give legal advice.
• Tribunal and court deadlines keep running while you wait to hear from the EHRC or EASS.