The basic position is that the substance of previous law making it unlawful in the employment field to discriminate against a person because of sexual orientation remains unchanged by the Equality Act 2010 (see generally notes at Sexual Orientation Discrimination ).

Of course the general changes which outlaw discrimination by association and perceived discrimination apply to discrimination because of sexual orientation as to the other strands of discrimination from 1st October 2010 (see Equality Act 2010/associative and perceived discrimination ). So too does the general rule, applicable to all strands of discrimination, which ensures that what would otherwise be unlawful discrimination is not unlawful if being of a particular sexual orientation is an occupational requirement and is "a proportionate means of achieving a legitimate aim" (see Equality Act 2010/direct and indirect discrimination ).

The naming and numbering of relevant provisions are of course quite different from those used previously (the Employment Equality (Sexual Orientation) Regulations 2003 SI 2003/1661 and the Equality Act (Sexual Orientation) Regulations 2007, SI 2007/1263 are both revoked by Equality Act 2010).