Employment Tribunal

The Nine Protected Characteristics Under the Equality Act 2010: A Plain-English Guide

The Equality Act 2010 protects employees on nine grounds. Here is what each characteristic means, who is protected, and how the protection works in practice.

schedule 8 min read person Eugene Pienaar, Solicitor (non-practising)

Age

Age discrimination protects employees of all ages -- not just older workers. Less favourable treatment because of age, whether direct or indirect, is unlawful unless the employer can objectively justify it.

Mandatory retirement ages can be justified in limited circumstances where the employer can demonstrate a legitimate aim proportionately pursued. Compulsory retirement of a healthy employee with good performance is difficult to justify.

Disability

Disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities. Long-term means has lasted or is likely to last 12 months or more. The definition covers many conditions people might not think of as disabilities: depression, anxiety, dyslexia, diabetes, cancer (from diagnosis), and HIV (from diagnosis).

In addition to direct and indirect discrimination and harassment, disabled employees have the right to reasonable adjustments -- changes to working arrangements, premises, or equipment to remove the substantial disadvantage caused by the disability.

Gender Reassignment

Protection extends to people who are proposing to undergo, are undergoing, or have undergone gender reassignment. A person does not need to have undergone any medical treatment to be protected -- proposing to transition is sufficient.

Employees cannot be treated less favourably because they are absent from work for purposes related to gender reassignment than they would be if absent for illness or injury.

Pregnancy and Maternity

Protection from pregnancy and maternity discrimination begins when the employee becomes pregnant and continues through the maternity leave period. Any unfavourable treatment because of pregnancy or maternity leave is automatically discriminatory without the need for a comparator.

Selecting an employee for redundancy while she is on maternity leave, or choosing not to promote her because she might become pregnant in the future, are both unlawful.

Race and Religion or Belief

Race includes colour, nationality, and ethnic or national origins. Religion or belief protection extends to all religions and beliefs, and to a lack of religion or belief. A belief must be genuinely held and have a certain level of cogency, seriousness, and importance.

Indirect race discrimination is common in recruitment, promotion, and disciplinary proceedings. Indirect religion or belief discrimination is common in cases involving dress codes, working hours that conflict with religious observance, and requirements that conflict with religious practices.

Sex and Sexual Orientation

Sex discrimination protects both men and women from less favourable treatment. The Equality Act also contains equal pay provisions. Sexual orientation protection extends to gay, lesbian, bisexual, and heterosexual employees.

Harassment on grounds of sexual orientation -- homophobic language, exclusion, unwanted questions about an employee's personal life -- is the most commonly encountered form of sexual orientation discrimination. The employer is vicariously liable for harassment by employees unless it can show it took all reasonable steps to prevent it.

Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.