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Unions, employers' organisations, professional bodies, AI and the Equality Act in Great Britain

Updated

Unions, employers' organisations and professional bodies are starting to use software for membership applications, member services, case triage and communications. In Great Britain, section 57 of the Equality Act 2010 puts duties on these "trade organisations" towards the people who apply to join them and the members they serve. This page explains what the section says and how it applies when AI tools are involved.

The short answer: a trade organisation must not discriminate against, harass or victimise applicants or members, in deciding who to admit and on what terms, in access to benefits, facilities and services, by expelling a member, by varying membership terms or by any other detriment. A duty to make reasonable adjustments applies to it (s57).

What is a trade organisation

A trade organisation is (s57(7)):

  • an organisation of workers;
  • an organisation of employers; or
  • any other organisation whose members carry on a particular trade or profession for the purposes of which the organisation exists.

The first limb can cover trade unions, the second employers' associations and the third professional and trade associations, depending on how each is organised.

Applicants for membership

A trade organisation must not discriminate against a person (s57(1)):

  • in the arrangements it makes for deciding to whom to offer membership;
  • as to the terms on which it is prepared to admit the person as a member;
  • by not accepting the person's application for membership.

Members

It must not discriminate against a member (s57(2)):

  • in the way it affords access, or by not affording access, to opportunities for receiving a benefit, facility or service;
  • by depriving the member of membership;
  • by varying the terms on which the member is a member;
  • by subjecting the member to any other detriment.

It must not harass a member or an applicant in relation to membership (s57(3)), and it must not victimise applicants or members in the same ways (s57(4) and (5)); see victimisation.

Where AI tools come in

  • Membership checks: automated eligibility, identity or fraud checks on applications are part of the arrangements for deciding to whom to offer membership.
  • Case triage: a tool that decides which members' workplace problems get advice, a representative or legal help first affects access to a benefit, facility or service.
  • Member services and offers: targeting training, events or discounts by a model's prediction of who will use them is also about access to benefits.
  • Chatbots and messages: automated messages sent to members or applicants are still the organisation's conduct in relation to membership, so the harassment duty can apply to them.
  • Lapsing and expulsion: automatic removal of members, for example for missed payments flagged by software, can amount to depriving a member of membership.

The tests for what counts as discrimination are in other sections; see AI and the Equality Act. Members of a trade union also have separate protection, against employers, for union membership and activities; see union membership protection.

Reasonable adjustments

A duty to make reasonable adjustments applies to a trade organisation (s57(6)). Where an online application, a member portal or a chatbot is the main way in, disabled applicants and members may need another route; see AI and disabled workers.

Practical steps

  • Unions and professional bodies: list each automated step that affects who is admitted, who gets which service and who is removed, and check it against the duties above. Keep a person able to review and change the outcome, and publish how to ask for adjustments.
  • Members and applicants: if an application was refused, a request for help was deprioritised or membership was ended, ask what the decision was based on and whether software was involved, and keep a record.

For unions and AI more broadly, see AI and unions. For paid personal and public appointments, see office-holders. For bodies that confer trade or professional qualifications, see qualifications bodies. 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 apply to trade unions and professional bodies?

Yes. Section 57 applies to trade organisations, defined as organisations of workers, organisations of employers, and other organisations whose members carry on a particular trade or profession for the purposes of which the organisation exists.

What must a trade organisation not do?

It must not discriminate against, harass or victimise applicants or members in deciding to whom to offer membership, the terms of admission, refusing an application, access to benefits, facilities or services, depriving a member of membership, varying membership terms or any other detriment.

Does it matter that a decision was made by software?

Section 57 looks at what the organisation does, such as its arrangements for deciding to whom to offer membership or how it affords access to services, not at the method used.

Must a trade organisation make reasonable adjustments?

Yes. Section 57(6) applies a duty to make reasonable adjustments to a trade organisation.

Sources