The Equality Act 2010 (the Act) 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 which are the core aspects of a person’s identity that must never be the basis for unfair treatment. These protections apply to ensure that everyone has an equal chance to contribute and succeed within a workplace, regardless of their background or personal circumstances.
This article provides a clear and practical overview of each protected characteristic under the Equality Act 2010, helping employers understand the proactive steps they can take to support equality across their workforce.
Age discrimination in the workplace
The Act protects workers of all ages from discrimination. This applies whether someone is young, middle-aged or older.
For example, a job advert stating that the company is looking for “young, dynamic graduates” could discourage older candidates from applying, even if they have the same skills and qualifications, thereby amounting to indirect age discrimination.
Overall, employers should avoid age-related stereotypes, review recruitment language carefully and ensure that training, promotion and redundancy decisions are based on objective criteria, not assumptions about age.
Disability and reasonable adjustments
Under the Act, disability has a very specific meaning. A person is disabled if they meet the following criteria:
- They have a physical or mental impairment;
- Which has a substantial and long-term adverse effect;
- On a person’s ability to carry out normal day to day activities.
Very little further guidance is given on what the Act means in relation to these criteria other than to confirm that “long term” is an impairment which has or is likely to last at least 12 months or be lifelong. However, it is generally accepted that day to day activities need to relate to the everyday duties of an employee and are much more basic life events such as the ability to dress oneself or prepare a meal.
Cancer, HIV infection and multiple sclerosis are defined within the Act as being automatically a disability without having to satisfy the test. Equally, progressive condition such as Parkinson’s are a disability even if the condition does not yet cause a substantial adverse effect on a person’s day to day activities.
Whilst technically a legal test, employers will often seek to rely on the opinion of a medical professional such as an occupational health clinician or GP for their opinion on whether an employee satisfies the test.
Employees with disabilities benefit from specific legal protections, the most important of which is the duty on employers to make reasonable adjustments for an employee.
Gender reassignment and transgender inclusion
Individuals who are proposing to undergo, undergoing or have undergone a process to change their gender are protected from discrimination in the workplace under the Act. This protection also extends to workers who are perceived to be transitioning, as well as those who identify as being a trans person.
To avoid gender reassignment discrimination, employers may wish to encourage (but not mandate) employees to disclose any medical treatment or surgery associated with transitioning. Employers should support employees who wish to be identified by specific pronouns and/or where a change of name is brought about through an employee’s transition.
Marriage and civil partnership discrimination
The Act protects individuals at work 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 because they had assumed their spouse would disapprove could be liable for direct discrimination.
It is important to note that this protection does not extend to people who are single, divorced or cohabiting outside of a marriage or civil partnership. However, they are still protected under other relevant characteristics, such as sex or sexual orientation provisions, if discrimination arises on those grounds.
Pregnancy and maternity rights
Under the Act, women are given automatic protection from discrimination during pregnancy and maternity leave and includes unfavourable treatment due to having taken maternity leave once an employee has returned to work. Unlike other forms of discrimination, a woman does not need to compare her treatment to anyone else to prove discrimination in these circumstances.
Take for example a manager who overlooks a pregnant employee for promotion on the basis that she will soon be on leave. This would be unlawful, regardless of any operational reasons the employer might suggest.
Employers also should be aware that those returning from maternity leave enjoy special protection when it comes to changes to their role upon their return as well as protection from redundancy. The standard position is that employees should return into the same role as when they started maternity leave. Where it is not reasonably practicable to do so, then they are entitled to suitable alternative work and is in preference to any other employee.
Race discrimination
Race is given a wide meaning within the Act and includes skin colour, nationality and ethnic or national origins.
For example, a job advert that requires 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 their religious faith, philosophical beliefs or lack of belief. This protected characteristic therefore covers recognised religions such as Christianity, Judaism and Sikhism as well as those who consider themselves atheist.
Philosophical belief is a high intricate area of discrimination law and cases where it is asserted are usually highly fact specific. Specialist legal advice should always be sought in order to establish this protected characteristic is triggered or not.
What counts as a protected belief?
Broadly, to qualify for protection as a ‘philosophical belief’, the belief must:
- Be genuinely held: it must be more than an opinion or viewpoint.
- Be a belief, not an opinion based on current information: it must be a deeply held conviction, not something changeable with circumstance.
- Relate to a weighty and substantial aspect of human life and behaviour: it should address fundamental questions about how people live or interact with others.
- Attain a certain level of seriousness, cogency and importance: it must be coherent and worthy of respect, not trivial.
- Be worthy of respect in a democratic society: it must 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 not protected include those lacking seriousness or coherence, such as supporting a particular political party or adopting a fictional faith like “Jedism.”
Sex discrimination
Under the Act, workers are protected from discrimination on the grounds of sex, meaning being male or female.
For instance, a company refuses a male employee’s request for shared parental leave, even though a female employee in similar circumstances would have been granted the same leave. This would amount to direct sex discrimination.
Sexual orientation discrimination
The Act protects individuals whether someone is attracted to people of the same sex, the opposite sex, or both. The protection also covers perceived and associative discrimination, for example, 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 might 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 there to make sure everyone has the same opportunity to succeed, whatever their background or personal circumstances. For employers, understanding these protections is not only about following the law, but also about creating a workplace where people feel valued, respected, and able to do their best work.
Building equality into everyday practice doesn’t have 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 see the difference. It makes better teamwork, stronger morale, and a culture where people want to stay and grow. In the end, getting equality right is not just good compliance, it is good business.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
