The Equality Act: Your Guide to Protected Characteristics

The Equality Act 2010 is the primary piece of legislation governing discrimination law in England and Wales. It sets out the legal framework that protects individuals in employment, education, and services from unfair treatment based on specific personal attributes known as protected characteristics.

In the workplace context, these protections apply to recruitment, terms and conditions of employment, promotion, dismissal, training, and all day-to-day employment practices. Understanding protected characteristics is essential for identifying unlawful discrimination and assessing potential Employment Tribunal claims.

What Are Protected Characteristics?

Protected characteristics are specific attributes listed under the Equality Act 2010 that are legally protected from discrimination, harassment, and victimisation.

They define the categories of personal identity or status that the law considers fundamental to equality protection.

The Act sets out nine protected characteristics.

The Nine Protected Characteristics

1. Age

Age protection covers individuals of all ages, including younger and older workers.

Discrimination may occur where a person is treated less favourably due to:

• Being “too young” for a role
• Being “too old” for promotion
• Age-based assumptions about capability or adaptability

Age discrimination can sometimes be justified if it is a proportionate means of achieving a legitimate aim, such as health and safety or workforce planning.

2. Disability

A person is considered disabled under the Equality Act if they have:

• A physical or mental impairment, and
• The impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities

Employers have a duty to make reasonable adjustments to remove workplace disadvantages for disabled employees.

Disability discrimination includes failure to accommodate access needs, discriminatory assumptions, and indirect barriers.

3. Gender Reassignment

This protects individuals who are undergoing, have undergone, or are proposing to undergo a process to change their gender identity.

Protection applies from the point of intention to transition, not only after medical or legal steps have been taken.

Unlawful conduct may include:

• Refusal to use correct pronouns
• Exclusion from workplace facilities
• Harassment linked to gender identity

4. Marriage and Civil Partnership

This characteristic protects individuals who are legally married or in a civil partnership.

It applies mainly to employment decisions and prohibits unfair treatment because of marital or civil partnership status.

However, it does not extend to unmarried cohabiting relationships.

5. Pregnancy and Maternity

This protection applies during pregnancy and maternity leave.

It covers:

• Pregnancy
• Maternity leave period (usually 26 weeks of ordinary maternity leave)
• Certain post-maternity protections

Unfavourable treatment due to pregnancy or maternity is automatically unlawful discrimination and does not require comparison with others.

6. Race

Race includes:

• Colour
• Nationality
• Ethnic origin
• National origin

Race discrimination can occur in recruitment, promotion, workplace culture, or disciplinary action.

It also includes indirect discrimination where workplace practices disproportionately disadvantage certain racial or ethnic groups.

7. Religion or Belief

This protects individuals with:

• Religious beliefs
• Philosophical beliefs
• Lack of religion

Beliefs must be serious, genuinely held, and worthy of respect in a democratic society.

Examples include discrimination related to:

• Dress or grooming requirements
• Prayer or observance needs
• Time off for religious festivals

8. Sex

Sex discrimination protects individuals based on being male or female.

It includes:

• Pay inequality
• Promotion bias
• Sexual harassment
• Unequal treatment in workplace policies

Sex discrimination is one of the most frequently litigated categories in Employment Tribunals.

9. Sexual Orientation

This covers:

• Heterosexuality
• Homosexuality
• Bisexuality

Unlawful conduct includes:

• Exclusion from opportunities
• Homophobic comments or harassment
• Assumptions about relationships or behaviour

Protection applies regardless of whether orientation is known or assumed.

How Protected Characteristics Work in Employment Law

Protected characteristics form the foundation of several legal claims under the Equality Act 2010:

• Direct discrimination (less favourable treatment because of a characteristic)
• Indirect discrimination (neutral policies that disadvantage a group)
• Harassment (unwanted conduct linked to a characteristic)
• Victimisation (retaliation for raising discrimination complaints)

Employment Tribunals assess whether the treatment is linked to one of these protected categories and whether legal tests are satisfied.

Employer Duties and Legal Responsibilities

Employers are legally required to:

• Avoid discriminatory practices in recruitment and employment
• Implement policies preventing harassment and discrimination
• Make reasonable adjustments for disabled employees
• Ensure equal access to opportunities and training
• Address complaints through fair procedures

Failure to comply may result in tribunal claims, compensation awards, and reputational damage.

Burden of Proof in Discrimination Claims

In Employment Tribunal cases involving protected characteristics:

1. The claimant must establish facts suggesting discrimination may have occurred.
2. The burden shifts to the employer to prove a non-discriminatory reason.

Tribunals consider documents, witness evidence, and workplace patterns when making decisions.

Time Limits for Bringing Claims

Most discrimination claims must be brought within:

• 3 months minus 1 day from the date of the discriminatory act

Where discrimination is ongoing, time may run from the last incident.

ACAS Early Conciliation is mandatory before issuing a claim and pauses limitation periods.

Remedies for Breach of Protected Characteristics

If discrimination is proven, Employment Tribunals may award:

Compensation

• Financial losses (e.g. lost earnings)
• Injury to feelings (Vento bands)
• Interest on awards

Declarations

A formal finding that discrimination occurred.

Recommendations

Changes to workplace practices or policies.

Common Workplace Issues Linked to Protected Characteristics

Examples include:

• Recruitment bias based on age or race
• Failure to accommodate religious practices
• Disability-related exclusion from promotion
• Pregnancy-related dismissal or reduced hours
• Harassment based on sexual orientation or gender identity

These issues often overlap with multiple discrimination categories.

Importance of Protected Characteristics in Tribunal Cases

Protected characteristics are central to almost all discrimination claims. Tribunals focus on:

• Whether the claimant falls within a protected category
• Whether the treatment was linked to that category
• Whether the employer can justify the conduct (where applicable)

The legal framework ensures consistent protection across employment relationships.

Key Takeaways

Protected characteristics under the Equality Act 2010 define the core categories of personal attributes protected from discrimination in UK law. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. In employment law, they form the basis of discrimination, harassment, and victimisation claims brought before Employment Tribunals. Employers must avoid unfair treatment linked to these characteristics and may face compensation claims if unlawful conduct occurs.