The 9 Protected Characteristic under the Equality Act 2010 (UK)
The Equality Act 2010 is a comprehensive anti-discrimination law that consolidates and strengthens protections across nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It replaced previous anti-discrimination laws, such as the Sex Discrimination Act 1975 and the Race Relations Act 1976, creating a single legal framework to prevent discrimination in employment, education, public services, housing, and goods provision.
The Act defines direct discrimination (treating someone unfairly due to a protected characteristic), indirect discrimination (policies that disadvantage a group), harassment (unwanted conduct causing distress), and victimisation (retaliation for raising a complaint). Employers and service providers must make reasonable adjustments for disabled individuals, ensure equal pay, and protect employees from workplace discrimination.
The Public Sector Equality Duty requires public bodies to promote equality and inclusivity. While exemptions exist (e.g., age-related pension rules), the Act ensures broad protections. Enforcement is through Employment Tribunals, civil courts, and regulatory bodies like the Equality and Human Rights Commission (EHRC).
The Equality Act 2010 remains a key piece of legislation in tackling systemic inequality, ensuring fairness in society, and promoting equal opportunities for all.
1. Age
Historical Background
Protections against age discrimination developed later than other equality protections.
The Employment Equality (Age) Regulations 2006 made it illegal to discriminate based on age in employment and training.
The Equality Act 2010 extended these protections to goods, services, and public functions.
Support Information
Age discrimination can occur in areas such as hiring, promotions, training, access to services, redundancy decisions, and workplace policies.
Direct age discrimination (e.g., refusing to hire someone because they are “too old” or “too young”) is unlawful unless it is objectively justified.
Indirect age discrimination (e.g., requiring applicants to have 20 years of experience, which disadvantages younger workers) must be justified as a proportionate means of achieving a legitimate aim.
Exceptions: Some forms of age-based distinctions are legally allowed, such as in pensions, minimum wage structures, and free bus passes.
Support Services
Age UK (www.ageuk.org.uk) – Provides advocacy, advice, and support for older people experiencing discrimination.
Centre for Ageing Better (www.ageing-better.org.uk) – Works on employment policies and improving workplace inclusivity for older workers.
ACAS (Advisory, Conciliation and Arbitration Service) (www.acas.org.uk) – Provides legal guidance and dispute resolution for age discrimination at work.
Equality Advisory and Support Service (EASS) (www.equalityadvisoryservice.com) – Offers free advice for those facing discrimination, including age-related cases.
2. Disability
Historical Background
The Disability Discrimination Act (DDA) 1995 was the first UK law to provide comprehensive rights to disabled individuals.
The Equality Act 2010 replaced the DDA and strengthened protections, including the duty to make reasonable adjustments for disabled individuals.
Support Information
Definition: A person is disabled under the Act if they have a physical or mental impairment that has a substantial and long-term effect on their ability to carry out daily activities.
Reasonable adjustments: Employers, service providers, and public bodies must make adjustments (e.g., wheelchair access, adapted workstations, flexible working hours).
Discrimination types:
Direct discrimination: Treating someone less favourably due to their disability.
Indirect discrimination: Policies that disproportionately disadvantage disabled individuals.
Discrimination arising from disability: Unfair treatment due to disability-related needs.
Failure to make reasonable adjustments: Not adapting workplaces or services to support disabled people.
Support Services
Scope (www.scope.org.uk) – Provides advice and support for disabled people and their families.
Disability Rights UK (www.disabilityrightsuk.org) – Offers guidance on employment rights, benefits, and accessibility.
Leonard Cheshire (www.leonardcheshire.org) – Focuses on independent living and employment support for disabled people.
Mind (www.mind.org.uk) – Supports people with mental health conditions facing workplace discrimination.
Access to Work (DWP) (www.gov.uk/access-to-work) – Provides financial support for workplace adjustments.
3. Gender Reassignment
Historical Background
The Sex Discrimination (Gender Reassignment) Regulations 1999 provided limited workplace protections.
The Gender Recognition Act 2004 allowed transgender people to legally change their gender.
The Equality Act 2010 strengthened protections, explicitly prohibiting discrimination related to gender reassignment, even for those who have not undergone medical transition.
Support Information
Protections cover employment, education, access to services, and public functions.
The law applies at any stage of transition—whether a person is proposing to transition, undergoing transition, or has completed transition.
Employers and service providers must respect names, pronouns, and privacy.
Harassment based on gender identity or transition status is illegal.
Support Services
Mermaids (www.mermaidsuk.org.uk) – Supports transgender youth and their families.
Stonewall (www.stonewall.org.uk) – Advocates for LGBTQ+ rights and workplace equality.
Gendered Intelligence (www.genderedintelligence.co.uk) – Provides education and support for trans individuals.
GIRES (Gender Identity Research and Education Society) (www.gires.org.uk) – Offers research and policy advice on trans rights.
Equality Advisory and Support Service (EASS) – Offers legal advice on discrimination cases.
4. Marriage and Civil Partnership
Historical Background
The Civil Partnership Act 2004 introduced legal recognition for same-sex couples.
The Equality Act 2010 protects individuals from workplace discrimination based on their marital or civil partnership status.
Support Information
Only applies to employment (not goods or services).
Employers cannot treat employees differently based on whether they are married or in a civil partnership.
Protects both same-sex and opposite-sex marriages and partnerships.
Support Services
Citizens Advice (www.citizensadvice.org.uk) – Provides legal guidance on marriage and workplace rights.
Stonewall – Supports same-sex couples' legal protections.
Equality Advisory and Support Service (EASS) – Provides assistance for discrimination claims.
5. Pregnancy and Maternity
Historical Background
The Sex Discrimination Act 1975 introduced early protections.
The Equality Act 2010 reinforced rights for pregnant employees and new mothers.
Support Information
Protects against dismissal, demotion, or disadvantage due to pregnancy or maternity leave.
Employers must provide reasonable accommodations, such as flexible hours.
Unfair treatment due to breastfeeding is unlawful in public places and workplaces.
Support Services
Maternity Action (www.maternityaction.org.uk) – Provides legal advice on maternity rights.
ACAS – Offers dispute resolution for pregnancy-related workplace issues.
Working Families (www.workingfamilies.org.uk) – Supports parents with work-life balance concerns.
6. Race
Historical Background
The Race Relations Act 1976 prohibited racial discrimination.
The Equality Act 2010 expanded protections to cover race, ethnicity, nationality, and national origins.
Support Information
Covers discrimination in employment, housing, education, and public services.
Racial harassment and indirect discrimination are unlawful.
Support Services
Runnymede Trust (www.runnymedetrust.org) – Research and advocacy on racial equality.
Race Equality Foundation – Works on racial disparities in health and social care.
Equality and Human Rights Commission (EHRC) – Investigates racial discrimination cases.
7. Religion or Belief
Historical Background
The Race Relations Act 1976 offered indirect protection for religious groups that were also classified as ethnic groups (e.g., Sikhs and Jews).
The Employment Equality (Religion or Belief) Regulations 2003 explicitly made religious discrimination illegal in the workplace.
The Equality Act 2010 expanded protections to include discrimination in goods, services, and public functions.
Support Information
Covers religious and philosophical beliefs, including atheism and humanism.
Protects individuals from being treated unfairly due to religious clothing, dietary requirements, or observance of religious practices.
Employers must make reasonable accommodations for religious practices, such as allowing prayer breaks or flexible scheduling.
Harassment or bullying based on religion is unlawful.
Support Services
Inter Faith Network UK (www.interfaith.org.uk) – Promotes understanding between religious communities.
Humanists UK (www.humanists.uk) – Supports non-religious individuals facing discrimination.
Equality and Human Rights Commission (EHRC) – Offers legal guidance on religious discrimination cases.
ACAS – Provides dispute resolution for workplace religious discrimination.
Tell MAMA (www.tellmamauk.org) – Supports victims of anti-Muslim hate crimes.
Community Security Trust (CST) (www.cst.org.uk) – Protects Jewish communities from antisemitism.
8. Sex
Historical Background
The Sex Discrimination Act 1975 made it illegal to discriminate based on sex in employment, education, and services.
The Equality Act 2010 strengthened protections, ensuring equal pay and workplace rights for both men and women.
Support Information
Covers equal pay, career progression, parental leave, and workplace harassment.
Sexual harassment, including inappropriate comments, advances, and discrimination related to pregnancy or maternity, is unlawful.
Employers must provide equal pay for equal work under the Act.
Indirect discrimination, such as requiring full-time work that disadvantages women with caregiving responsibilities, must be justified.
Support Services
Fawcett Society (www.fawcettsociety.org.uk) – Advocates for gender equality in work and society.
Equality and Human Rights Commission (EHRC) – Provides legal advice on sex discrimination cases.
Women's Aid (www.womensaid.org.uk) – Supports women facing domestic abuse and workplace discrimination.
Pregnant Then Screwed (www.pregnantthenscrewed.com) – Offers support for mothers facing workplace discrimination.
ACAS – Helps employees resolve sex discrimination disputes at work.
9. Sexual Orientation
Historical Background
The Sexual Offences Act 1967 partially decriminalised same-sex relationships in England and Wales.
The Employment Equality (Sexual Orientation) Regulations 2003 prohibited workplace discrimination based on sexual orientation.
The Equality Act 2010 extended protections to goods, services, and public functions.
Support Information
Protects lesbian, gay, bisexual, and heterosexual individuals from discrimination.
Employers cannot discriminate against employees based on their actual or perceived sexual orientation.
Harassment and victimisation based on sexual orientation are illegal in workplaces, schools, and public spaces.
Indirect discrimination, such as workplace benefits only applying to heterosexual spouses, is unlawful unless justified.
Support Services
Stonewall (www.stonewall.org.uk) – Leading organisation advocating for LGBTQ+ rights in the UK.
Galop (www.galop.org.uk) – Provides support for victims of LGBTQ+ hate crime and domestic violence.
LGBT Foundation (www.lgbt.foundation) – Offers mental health and legal advice for LGBTQ+ individuals.
Switchboard LGBT+ Helpline (www.switchboard.lgbt) – Provides confidential support for LGBTQ+ people.
Equality Advisory and Support Service (EASS) – Assists with sexual orientation discrimination cases.