Equality and Human Rights Commission

Private members’ clubs are allowed to discriminate on the grounds of race (except on the ground of colour) where the main object of the association is to enable the benefits of membership to be enjoyed by a persons of particular racial group defined in a way other than by reference to colour.

Example

It is lawful for a club set up to benefit French people to restrict its membership to people of French nationality.

It is also lawful to discriminate in this way on the ground of sexual orientation if the main object of the club is to enable the benefits of membership to be enjoyed by persons of a particular sexual orientation.

Example

A social club for lesbians has a rule that restricts its membership to lesbians only. It does not allow gay men, bisexual or heterosexual people to become members, although they can be admitted as guests of members. The membership rule is likely to be lawful discrimination.

There is currently no prohibition on private members’ clubs discriminating on grounds of someone’s gender, religion or belief.

Example

A social club has a rule that only people who are baptised as Catholics can become members. Members of other religions and beliefs are welcome as guests. The membership rule is likely to be lawful discrimination.

There are some limited circumstances in which less favourable treatment on grounds of disability may be justified. Read more information on when discrimination is lawful.