Introduction to Protected Characteristics

The Equality Act 2010 is the main law in the UK that protects people from unfair treatment and promotes a fair and more equal society. A key part of this law is the concept of “protected characteristics.” These are specific traits or aspects of a person’s identity that are legally safeguarded. It is unlawful to treat someone unfairly, or to discriminate against them, because of one or more of these characteristics.

Protected characteristics are covered in detail in the Equality Act 2010, and further explained in the official protected characteristics notes. The law aims to ensure everyone is treated with respect and has equal opportunities, whether at work, when using services, in education, or in other areas of life.

Understanding these protections is important so you know your rights and can recognise when you might be experiencing discrimination. The nine protected characteristics under the Equality Act 2010 are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Each of these characteristics is protected to prevent unfair treatment and to help everyone participate fully in society. For example, it is illegal for an employer to treat someone differently because of their age, or for a service provider to deny access due to disability.

If you want to learn more about what counts as discrimination and how the law protects you, this page will guide you to related topics, including how to make a claim if you believe your rights have been breached. Exploring these protections can help you understand your rights and what steps you can take to challenge discrimination.

The Nine Protected Characteristics Under the Equality Act 2010

The Equality Act 2010 sets out nine protected characteristics that are safeguarded from discrimination in many areas of everyday life, including work, education, housing, and the use of public services. Understanding these characteristics is essential for recognising when unfair treatment may be unlawful. You can read the full list in the Equality Act 2010 and find further explanations in the protected characteristics section of the Act’s explanatory notes.

Here’s a brief overview of each protected characteristic:

  • Age
    Protects people of all ages from unfair treatment because of their age, whether young or old.
  • Disability
    Covers physical or mental impairments that have a substantial, long-term negative effect on a person’s ability to carry out normal daily activities.
  • Gender reassignment
    Protects individuals who are undergoing, have undergone, or are proposing to undergo a process to reassign their gender.
  • Marriage and civil partnership
    Protects people who are married or in a civil partnership from discrimination at work.
  • Pregnancy and maternity
    Offers protection during pregnancy and the period after childbirth, including maternity leave.
  • Race
    Covers colour, nationality, ethnic or national origin.
  • Religion or belief
    Protects individuals from discrimination based on their religious beliefs or lack thereof, as well as philosophical beliefs.
  • Sex
    Protects both men and women from discrimination due to their sex.
  • Sexual orientation
    Covers discrimination because of a person’s sexual orientation towards people of the same sex, opposite sex, or both.

These characteristics are protected by law in a wide range of situations. If you believe you have been treated unfairly because of any of these characteristics, it may count as discrimination under the Equality Act 2010. Understanding each protected characteristic can help you identify your rights and take appropriate action if you experience discrimination.

Could I have a valid discrimination claim based on my protected characteristic?

Age

Age is one of the nine protected characteristics under the Equality Act 2010. This means it is unlawful to treat someone unfairly or discriminate against them because of their age. Protection applies to people of all ages, whether young or old, and covers situations such as employment, education, and access to services.

Common examples of age discrimination include being refused a job because you are considered "too young" or "too old," being denied training opportunities based on age, or receiving less favourable treatment in the workplace due to your age. The law on this is set out specifically in Section 5 of the Equality Act 2010.

To learn more about what counts as age discrimination, your rights, and what you can do if you think you have been treated unfairly, visit our page on age discrimination.

Could my age affect my job or training opportunities legally?

Disability

Disability is one of the nine protected characteristics under the Equality Act 2010. Legally, a disability is defined as a physical or mental impairment that has a substantial and long-term negative effect on your ability to carry out normal day-to-day activities, as set out in Section 6 of the Equality Act 2010.

The Act protects individuals from discrimination because of disability in areas such as work, education, and access to services. Employers and service providers are required to make reasonable adjustments to ensure disabled people are not disadvantaged.

To learn more about your rights and the specific types of unlawful treatment, visit our dedicated page on disability discrimination. If you are seeking support or financial help, understanding your rights can also assist when applying for disability benefits.

Could my condition qualify as a disability under the Equality Act?

Gender and Sex

Gender and sex are both recognised as protected characteristics under the Equality Act 2010, Section 4. This means it is unlawful to treat someone unfairly because of their gender (such as being a man or a woman) or their sex (their biological status). The law protects individuals from discrimination in areas such as employment, education, and the provision of services.

Examples of this protection include the right to equal pay for equal work and fair treatment at work, regardless of whether you are male or female. Employers and organisations must ensure that their policies and practices do not disadvantage people based on gender or sex. For more on how these rules apply in the workplace, see this overview on discrimination based on gender or sex.

To learn more about your rights and how to recognise or challenge unfair treatment, visit our detailed guide on gender and sex discrimination.

Could my employer be discriminating against me based on gender or sex?

Pregnancy and Maternity

Pregnancy and maternity are protected characteristics under the Equality Act 2010. This means you are legally protected from discrimination if you are pregnant, on maternity leave, or have recently given birth. The law specifically safeguards your rights during pregnancy and while you are away from work on maternity leave, ensuring you are not treated unfairly because of your condition.

Employers must not subject you to unfair treatment or dismissal because of pregnancy or maternity. Section 18 of the Equality Act 2010, Section 18 sets out these protections in detail.

To learn more about your rights and what counts as pregnancy and maternity discrimination, visit our dedicated page. You can also find further guidance on the topic from the Equality and Human Rights Commission at Pregnancy and maternity discrimination | EHRC.

Can my employer treat me differently when I return from maternity leave?

Race

Race is one of the nine protected characteristics under the Equality Act 2010. The law defines race broadly, covering colour, nationality, and ethnic or national origins. This means you are protected from discrimination whether it relates to your skin colour, where you were born, or your cultural heritage. For the legal definition, you can refer directly to Equality Act 2010, Section 9.

The Act makes it unlawful to treat someone unfairly because of their race. This protection applies in various situations, such as at work, in education, when accessing public services, or buying goods and services. Examples of racial discrimination include harassment, being denied opportunities, or being treated less favourably because of your race. For a clear explanation of what counts as racial discrimination, see Definition of Race Equality Act 2010 – Human Resources.

To explore how the law protects you from race discrimination, including your rights and what steps you can take if you experience it, visit our dedicated page on race discrimination.

How can I prove racial discrimination in my workplace?

Religion or Belief

Religion or belief is one of the nine protected characteristics under the Equality Act 2010. This means it is unlawful to discriminate against someone because of their religion, religious beliefs, or lack of religion or belief. The law covers not only well-known religions, but also philosophical beliefs and the right not to hold any particular belief. You are also protected if you are treated unfairly because you do not share someone else’s beliefs.

Examples of discrimination might include enforcing dress codes that unfairly restrict religious clothing or denying time off for religious observance. These protections apply in many areas of life, including employment, education, and access to services.

To learn more about your rights and how the law protects you from religious discrimination, visit our detailed guide. For the legal definition of ‘religion or belief’ as a protected characteristic, see the Equality Act 2010, Section 4. You can also find practical information about discrimination based on religious beliefs in the workplace.

Can my employer force me to remove religious clothing at work?

Sexual Orientation

Sexual orientation is one of the nine protected characteristics under the Equality Act 2010. It refers to a person’s emotional, romantic, or sexual attraction to people of the same sex, the opposite sex, or both. The law makes it unlawful to discriminate against someone because of their sexual orientation, whether they are gay, lesbian, bisexual, straight, or identify in another way. This protection applies in many areas of life, including work, education, and when accessing goods and services.

Discrimination can take many forms, such as refusing someone a service, treating them unfairly at work, or subjecting them to harassment because of who they are attracted to. The Equality Act 2010, Section 4 clearly sets out sexual orientation as a protected characteristic.

To learn more about how the law protects you and what counts as discrimination, visit our page on sexual orientation discrimination. For further information about how these rules apply in the workplace, you can also read about discrimination based on sexual orientation.

Can I take legal action if I’m discriminated against because of my sexual orientation?

Transgender and Non-Binary

Transgender and non-binary people are protected under the Equality Act 2010. The law specifically covers “gender reassignment” as a protected characteristic, which means it is unlawful to discriminate against someone because they are trans, are proposing to transition, or have already transitioned. This protection is set out in Equality Act 2010, Section 7.

These protections apply in many areas of life, including employment, education, and when accessing goods and services. For example, it is against the law to treat someone unfairly at work or to deny them access to facilities because they are transgender or non-binary.

To learn more about your rights and how the law protects transgender and non-binary individuals from discrimination, visit our dedicated page on trans and non-binary discrimination.

Can I challenge discrimination I face at work for being trans or non-binary?

How the Equality Act Protects You

The Equality Act 2010 is a key piece of legislation that protects individuals from unfair treatment based on certain personal characteristics, known as protected characteristics. Under this law, you are shielded from discrimination, harassment, and victimisation in important areas of daily life. These protections apply in the workplace, in education, when accessing housing, and when using goods and services.

For example, the Act ensures fair treatment at work and in recruitment, so employers cannot treat you less favourably because of a protected characteristic. Schools and colleges must also follow the law to prevent discrimination against pupils or students. When it comes to housing, protections cover issues such as discriminatory eviction, ensuring landlords and letting agents cannot evict or treat tenants unfairly due to a protected characteristic. The law also extends to shops, banks, healthcare providers, and other service providers, supporting your consumer rights and the Equality Act 2010.

The Equality Act covers both direct discrimination (when you are treated worse than someone else because of a protected characteristic) and indirect discrimination (when a policy or practice puts you at a disadvantage). It also requires employers and service providers to make reasonable adjustments for disabled people, helping to remove barriers and ensure equal access.

Understanding your rights under the Equality Act 2010 is important for recognising when discrimination occurs and knowing how to challenge it. By being aware of these protections, you can assert your rights and seek support if you believe you have been treated unfairly.

How can I prove discrimination under the Equality Act in my case?

Understanding Discrimination and Your Rights

Understanding discrimination is key to knowing your rights under the Equality Act 2010. Discrimination occurs when someone is treated unfairly or less favourably because of one or more of the protected characteristics defined by law. If you’re unsure what counts as discrimination, it’s important to learn how the law applies to your situation.

There are several types of discrimination recognised by the Equality Act. These include direct, indirect, harassment, and victimisation. Direct discrimination is when someone is treated worse than another person because of a protected characteristic. Indirect discrimination happens when a policy or rule applies to everyone but disadvantages people with a particular characteristic. Harassment involves unwanted behaviour related to a protected characteristic that creates an intimidating or offensive environment. Victimisation is when you’re treated unfairly because you’ve complained about discrimination or supported someone else’s complaint.

If you think you’ve experienced discrimination, consider whether the unfair treatment was linked to a protected characteristic such as age, disability, race, religion, or another trait covered by the Equality Act 2010. Gathering the right evidence needed to prove discrimination is essential if you want to assert your rights or take further action.

To take practical steps, find out how to start a discrimination claim and seek advice on your options. If you are facing discrimination, harassment, or abuse, there are support services for abuse and discrimination ready to help you understand your rights and get the support you need.


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