Protected characteristics under the Equality Act 2010

The Equality Act 2010 is the main legislation that protects people in the UK from discrimination and promotes fairness in the workplace and wider society.

A key feature of the Act is its recognition of nine protected characteristics. These are the core aspects of a person’s identity and must never be the basis for unfair treatment. These protections apply to ensure everyone has an equal opportunity to contribute and succeed at work, regardless of their background or personal circumstances.

This guide provides a clear, practical overview of each protected characteristic, helping employers understand the steps they can take to support equality across their workforce.

Age discrimination in the workplace

The Act protects workers of all ages from discrimination, whether someone is young, middle-aged or older.

For example, a job advert stating that a company is looking for “young, dynamic graduates” could discourage older candidates from applying, even if they have the same skills and qualifications. This could therefore amount to indirect age discrimination.

Employers should avoid age-related stereotypes, review recruitment language carefully and ensure training, promotion and redundancy decisions are based on objective criteria rather than assumptions about age.

Disability and reasonable adjustments

Under the Act, disability has a specific meaning. A person is disabled if they meet the following criteria:

1. They have a physical or mental impairment
2. Which has a substantial and long-term adverse effect
3. On their ability to carry out normal day-to-day activities.

The Act provides little further guidance on these criteria, other than confirming that ‘long-term’ means an impairment that has lasted, or is likely to last, at least 12 months or for the rest of the person’s life. However, it’s generally accepted that day-to-day activities refer to basic everyday tasks, such as dressing or preparing a meal, rather than the specific duties of a role.

Cancer, HIV infection and multiple sclerosis are automatically classed as disabilities under the Act, without the need to satisfy the test above. Equally, progressive conditions such as Parkinson’s disease are also classed as disabilities, even if they don’t yet have a substantial adverse effect on day-to-day activities.

Although this is a legal test, employers will often rely on the opinion of a medical professional, such as an occupational health clinician or GP, when considering whether an employee meets the definition.

Employees with disabilities benefit from specific legal protections, most notably the duty on employers to make reasonable adjustments.

Gender reassignment and transgender inclusion

The Act protects individuals who are proposing to undergo, are undergoing or have undergone a process to change their gender. This protection also extends to employees who are perceived to be transitioning, as well as those who identify as trans.

To avoid gender reassignment discrimination, employers may wish to encourage (but not require) employees to disclose any medical treatment or surgery associated with transitioning. Employers should support employees who wish to be identified by specific pronouns and those who change their name as part of their transition.

Marriage and civil partnership discrimination

The Act protects employees who are legally married or in a civil partnership from being treated less favourably because of their marital or partnership status. The protection applies equally to men and women and covers both opposite-sex and same-sex partnerships.

For example, an employer who excludes a married employee from client dinners or overnight business trips, based on an assumption that their spouse would disapprove, could be liable for direct discrimination.

This protection doesn’t extend to people who are single, divorced or cohabiting outside a marriage or civil partnership. However, they may still be protected under other relevant characteristics, such as sex or sexual orientation, if discrimination arises on those grounds.

Pregnancy and maternity rights

Women are given automatic protection from discrimination during pregnancy and maternity leave. This includes unfavourable treatment because of having taken maternity leave after an employee has returned to work. Unlike other forms of discrimination, there’s no need to compare treatment with another employee to prove discrimination in these circumstances.

For example, overlooking a pregnant employee for promotion because she will soon be on leave would be unlawful, regardless of any operational reasons the employer might suggest.

Employees returning from maternity leave also benefit from additional protections, including in relation to changes to their role and redundancy. In most cases, an employee has the right to return to the same role. Where that isn’t reasonably practicable, they’re entitled to suitable alternative work, in preference to other employees.

Race discrimination

Race is given a wide meaning under the Act and includes skin colour, nationality and ethnic or national origins.

For example, a job advert requiring applicants to be “native English speakers” could amount to indirect race discrimination, unless the employer can prove the requirement is necessary for the role and objectively justified.

Religion or belief discrimination

The Act protects individuals from discrimination because of religious belief, philosophical belief or lack of belief. This includes recognised religions such as Christianity, Judaism and Sikhism, as well as those who identify as atheist.

Philosophical belief is a particularly complex area of discrimination law and claims are usually highly fact-specific. Specialist legal advice should be sought to determine whether this protected characteristic applies.

To qualify for protection as a ‘philosophical belief’, the belief must:

1. Be genuinely held, rather than a simple opinion or viewpoint
2. Be a belief, not an opinion based on current information; it must be a deeply held conviction, not something changeable with circumstance
3. Relate to a weighty and substantial aspect of human life and behaviour, addressing fundamental questions about how people live or interact with others
4. Attain a certain level of seriousness, cogency and importance
5. Be worthy of respect in a democratic society and not conflict with the fundamental rights of others or promote harm, hatred or intolerance.

Examples of protected beliefs include:

• Environmentalism and climate change
• Ethical veganism
• Gender-critical beliefs, such as the view that sex is immutable.

Beliefs lacking seriousness or coherence, such as support for a particular political party or adopting a fictional faith like ‘Jedism’, are not protected.

Sex discrimination

Under the Act, workers are protected from discrimination because of sex, meaning being male or female.

For example, refusing a male employee’s request for shared parental leave where a female employee in the same circumstances would have been granted it could amount to direct sex discrimination.

Sexual orientation discrimination

The Act protects individuals whether they’re attracted to people of the same sex, the opposite sex or both. The protection also covers perceived and associative discrimination, such as being treated unfairly because someone is thought to be gay or because they have a close friend or family member who is.

An example of direct sexual orientation discrimination would be excluding an employee from social events after attending one with their same-sex partner.

Building a fair and inclusive workplace

The nine protected characteristics set out in the Equality Act 2010 are designed to make sure everyone has the same opportunity to succeed, whatever their background or personal circumstances.

For employers, understanding these protections isn’t just about following the law, but creating a workplace where people feel valued, respected and able to do their best work.

Building equality into everyday practice doesn’t need to be complicated. It starts with fair policies, open conversations and a genuine commitment to treating people with dignity. Employers who embrace diversity and inclusion benefit from better teamwork, stronger morale and a culture where people want to stay and grow.

In the end, getting equality right isn’t just good compliance – it’s good business.