The government could face legal action for not providing adequate protection for workers against discrimination, which throws doubt on any proposals for a new law on equality.

According to the European commission, some parts of UK law - including provisions on disability and sexual orientation - are not as comprehensive as they should be, which could lead to action being taken in the European Court of Justice.

Last month the government received two reasoned opinions from the commission, which included a warning that the laws applying to faith-based organisations, schools and adoption agencies are not wide enough in scope when it comes to preventing discrimination on the grounds of sexual orientation.

Robin Allen, Q.C, head of Cloisters chambers, explained: “This could be difficult for the government. The extent to which religious organisations are exempt from the rules of sexual orientation discrimination is a particularly difficult issue. The government will certainly resist any strengthening to the current law in an election year.”

The EU’s equal opportunities commissioner also singled out other aspects of UK equality law, including the lack of a ban on “instructions to discriminate”, where a person is discriminated against due to the actions of a third party, and the lack of straightforward provisions for class actions.

The Queen’s speech included the much anticipated equality bill for the second year running, and it was assumed that the new bill was compliant with EU requirements. However, the warning from the commission means that the UK is the only European country not to have fully implemented two key EU discrimination directives. The government must respond within two months.