Many trade and professional qualifications are now assessed with software: online exams with automated proctoring, AI-marked written answers, scored simulations and identity checks by face matching. In Great Britain, section 53 of the Equality Act 2010 puts duties on the bodies that confer those qualifications. This page explains what the section says and how it bears on AI-run assessment.
The short answer: a qualifications body must not discriminate against, harass or victimise people in its arrangements for deciding who gets a qualification, in the terms on which it confers it, by not conferring it, or, once conferred, by withdrawing it, varying its terms or any other detriment. A duty to make reasonable adjustments applies to it (s53).
Who is a qualifications body
A qualifications body is an authority or body which can confer a relevant qualification (s54(2)). A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession (s54(3)). Conferring includes renewing or extending a qualification (s54(5)).
A body is not a qualifications body in so far as (s54(4)):
- it can confer a qualification to which section 96 applies;
- it is the responsible body of a school to which section 85 applies;
- it is the governing body of an institution to which section 91 applies;
- it exercises functions under the Education Acts or the Education (Scotland) Act 1980.
What a qualifications body must not do
It must not discriminate against a person (s53(1)):
- in the arrangements it makes for deciding upon whom to confer a relevant qualification;
- as to the terms on which it is prepared to confer it;
- by not conferring it.
Against a person who already holds the qualification, it must not discriminate (s53(2)):
- by withdrawing the qualification;
- by varying the terms on which the person holds it;
- by subjecting the person to any other detriment.
It must not harass a person who holds or applies for the qualification, in relation to conferring it (s53(3)), and it must not victimise people in the same ways (s53(4) and (5)); see victimisation.
Where AI tools come in
- Exams and marking: an automated proctoring system, an AI marker or a scored simulation is part of the arrangements for deciding upon whom to confer the qualification.
- Renewal and revalidation: because conferring includes renewing or extending, automated checks used at renewal are covered too.
- Flags after the event: an automated integrity flag that leads to a result being withdrawn, or to conditions being placed on a holder, falls under withdrawing, varying terms or other detriment.
The tests for discrimination are in other sections; see AI and the Equality Act. An assessment run by someone else for a qualification, rather than by the body that confers it, can instead be an employment service; see employment service-providers.
Reasonable adjustments and competence standards
A duty to make reasonable adjustments applies to a qualifications body (s53(6)). For candidates whose disability affects how a proctoring tool reads their face, movement, speech or typing, or how an AI marker scores their writing, this duty is the route to a different arrangement.
A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability (s54(6)). Applying a competence standard to a disabled person is not disability discrimination unless it is indirect discrimination under section 19 (s53(7)). The exception is about the standard. Whether a feature of how an assessment is run, such as a time limit or a camera rule set by a tool, is itself a competence standard depends on whether it is applied to determine competence or ability, so bodies should be clear which is which.
Practical steps
- Qualifications bodies: separate each competence standard from the method used to test it, publish how to ask for adjustments to automated assessments, and have a person review automated flags before any result is refused or withdrawn.
- Employers: where a role needs a qualification, keep in mind that the duties for the qualification itself sit with the body that confers it, while your own duties as an employer are under section 39; see AI and the Equality Act.
- Candidates and holders: ask for adjustments before the assessment, keep records of any automated flag and what you were told, and ask for a human review.
For the duties of unions, employers' organisations and professional bodies towards their members, see trade organisations. This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Does the Equality Act cover professional and trade qualification exams?
Yes. Section 53 applies to qualifications bodies, which section 54 defines as authorities or bodies that can confer an authorisation, qualification, recognition, registration, enrolment, approval or certification needed for, or facilitating engagement in, a trade or profession. Schools, further and higher education institutions and some other bodies are excluded.
Are AI proctoring and AI marking covered?
Section 53 covers the arrangements a qualifications body makes for deciding upon whom to confer a qualification, whatever method it uses, and also withdrawing a qualification or varying its terms.
Must a qualifications body make reasonable adjustments?
Yes, section 53(6) applies a duty to make reasonable adjustments. Applying a competence standard to a disabled person is not disability discrimination unless it is indirect discrimination under section 19.
Does renewal of a qualification count?
Yes. Section 54(5) says a reference to conferring a relevant qualification includes renewing or extending it.