What are protected characteristics?

Under the Equality Act 2010, there are a number of protected characteristics. Discrimination occurs when someone is treated unfairly due to their protected characteristics (please see our article on Discrimination in the workplace).  

Protected Characteristics 

1. Age
2. Sex
3. Race
4. Disability
5. Religion or Belief
6. Sexual Orientation
7. Gender Reassignment
8. Pregnancy and Maternity
9. Marriage and Civil Partnership

Age 

This could relate to those who are younger or those who are older or could even relate to a group of people who fall into a particular age group.  

Disability 

The Equality Act 2010 provides specific definitions regarding ‘a disabled person’ detailing that this would include someone who has a physical, or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities’. You can find more information regarding your rights as a disabled employee in our article. 

Gender Reassignment 

This characteristic covers those who have undergone, are undergoing or are proposing to undergo a process to reassign their sex. 

Marriage and Civil Partnership 

Marriage covers any formal union which is legally recognised in the UK as a marriage. Civil partnership covers any registered civil partnership under the Civil Partnership Act. An example of this with regards to discrimination could include those who have not been employed by the same employer as they are married to each other. 

Pregnancy and Maternity 

There are a number of aspects to review in relation to pregnancy and maternity discrimination. Please review our article on Maternity Discrimination for more information. 

Race 

This is defined as including (a) colour (b) nationality and (c) ethnic or national origins. Please review our article on what to do if you have been discriminated against at work for more information on the next steps towards your employer. 

Religion and Belief 

Religion can include any religion or lack of religion. There are rules regarding what could be included in religion and does not need to be a well known religion, however, it must have a clear structure and belief system to be covered as falling within this protected characteristic. Belief must be in relation to any religious or philosophical belief. 

Sex 

This characteristic is self-explanatory and discrimination can occur should a woman be treated less favourably than a man or should a man be treated less favourably than a woman. 

Sexual Orientation 

This characteristic covers preference for the opposite sex as well as homosexual or bisexual preference.