AC-2024-LON-001145 - [2025] EWHC 2075 (Admin)

Section 13 of the EA 2010 defines direct discrimination in the following terms:

“A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”

On a comparison of cases for this purpose, “there must be no material difference between the circumstances relating to each case” (section 23(1) of the EA 2010).

Section 53 of the EA 2010 provides in so far as relevant:

“(1)

A qualifications body (A) must not discriminate against a person (B)—

(a)

in the arrangements A makes for deciding upon whom to confer a relevant qualification;

(b)

as to the terms on which it is prepared to confer a relevant qualification on B;

(c)

by not conferring a relevant qualification on B.

(2)

A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification—

(a)

by withdrawing the qualification from B;

(b)

by varying the terms on which B holds the qualification;

(c)

by subjecting B to any other detriment.”

I did not hear argument on whether the MPTS is a qualifications body but I am prepared to assume (for present purposes only) that it is.

Under section 136 of the EA 2010:

“(1)

This section applies to any proceedings relating to a contravention of this Act.

(2)

If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3)

But subsection (2) does not apply if A shows that A did not contravene the provision.”