Legislation – Employment Rights Act 2025

Employment Rights Act 2025, Section 33 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 33:

s. 33 coming into force by S.I. 2026/323 reg. 3(1)(7)

Part 2Other matters relating to employment

Duties of employers relating to equality

33Equality action plans

(1)

The Equality Act 2010 is amended as follows.

(2)

In Part 5 (work), in Chapter 3 (equality of terms), after section 78 insert—

“Equality action plans

78AEquality action plans

(1)

Regulations may require employers to—

(a)

develop and publish a plan (an “equality action plan”) showing the steps that the employers are taking in relation to their employees with regard to prescribed matters related to gender equality, and

(b)

publish prescribed information relating to the plan.

(2)

This section does not apply to—

(a)

an employer with fewer than 250 employees;

(b)

a public authority, other than—

(i)

a public authority specified in Part 1 of Schedule 19, or

(ii)

a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.

(3)

For the purposes of subsection (1), a matter is related to gender equality if it is related to advancing equality of opportunity between male and female employees.

(4)

Accordingly, matters related to gender equality include—

(a)

addressing the gender pay gap, and

(b)

supporting employees going through the menopause.

(5)

The regulations may, among other things, make provision about—

(a)

the content of a plan;

(b)

the form and manner in which a plan or information is to be published;

(c)

when and how frequently a plan or information is to be published or revised;

(d)

requirements for senior approval before a plan or information is published;

(e)

descriptions of employers;

(f)

descriptions of employee;

(g)

descriptions of information.

(6)

The regulations may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months.

(7)

The regulations may make provision for a failure to comply with the regulations to be enforced, otherwise than as an offence, by such means as are prescribed.

(8)

The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer.

(9)

A Minister of the Crown must consult—

(a)

the Commission, before making regulations under this section that apply to a public authority, and

(b)

the Welsh Ministers, before making regulations under this section that apply to a public authority specified in Part 4 of Schedule 19 with the letter “D” included after the entry.”

(3)

In Part 16 (general and miscellaneous), in section 208(5) (regulations subject to affirmative procedure), after paragraph (b) insert—

“(ba)

regulations under section 78A (equality action plans);”.