Understanding Protected Characteristics in Equality Act 2010

Equality Act 2010 “Protected Characteristics”

What are the Protected Characteristics?

The Equality Act 2010 (EqA 2010) is a pivotal piece of legislation in England, Scotland, and Wales, designed to combat discrimination in employment. A core concept within this Act is the "protected characteristics," which are specific attributes or statuses based on which discrimination is prohibited.

There are 9 Protected Characteristics

What are the 9 protected characteristics? The Equality Act 2010 defines nine protected characteristics in sections 4 to 12. These characteristics form the basis for various types of discrimination and unlawful conduct defined in the Equality Act 2010, including direct discrimination, indirect discrimination, harassment, and victimisation. These are:

Protected Characteristics UK

• Age (section 5)

• Disability (section 6)

• Gender reassignment (section 7)

• Marriage and civil partnership (section 8)

• Pregnancy and maternity (section 18)

• Race (section 9)

• Religion or belief (section 10)

• Sex (section 11)

• Sexual orientation (section 12)

The protected characteristics are primarily safeguarded under the Equality Act 2010 (EqA 2010) to eliminate discrimination and promote equality. The Act outlines various types of unlawful conduct that apply to these characteristics, including direct discrimination, indirect discrimination, harassment, and victimisation.

Specifically, the justification for protecting these characteristics can be understood through the aims of the EqA 2010, particularly as reflected in the public sector equality duty and the provisions for positive action:

1. Eliminating Prohibited Conduct

   A core purpose is to eliminate conduct that is prohibited by the EqA 2010, such as discrimination, harassment, and victimisation based on these characteristics. The Act aims to prevent individuals from being treated less favourably due to their age, disability, gender reassignment, marriage or civil partnership status, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.

2. Advancing Equality of Opportunity

   The Act seeks to advance equality of opportunity between those who share a protected characteristic and people who do not share it. This means working towards ensuring that individuals, regardless of their protected characteristics, have comparable chances and access to opportunities, for example, in employment.

3. Fostering Good Relations

   Another key aim is to foster good relations between individuals who share a protected characteristic and those who do not. This promotes a harmonious and respectful environment where differences are understood and valued.

4. Addressing Disadvantage, Needs, and Under-representation

   The EqA 2010 provides for "positive action" where persons with a particular protected characteristic suffer a disadvantage connected to the characteristic, have specific needs, or are disproportionately under-represented. The protection aims to enable employers to take proportionate measures to overcome such disadvantages, meet particular needs, or encourage increased participation by these groups. For instance, indirect discrimination provisions address policies that, while not intentionally discriminatory, may disadvantage a group of people with a particular protected characteristic in practice.

Types of Unlawful Conduct Related to Protected Characteristics

The EqA 2010 outlines various forms of unlawful conduct that apply to most, and sometimes all, protected characteristics. These include:

Direct discrimination (section 13)

This occurs when someone is treated less favourably because of a protected characteristic compared to others. For example, an employee could bring a direct disability discrimination claim if they are treated less favourably because they have a disabled child, even if they themselves are not disabled (associative discrimination). Similarly, someone perceived to have a protected characteristic (e.g., mistaken belief someone is Muslim due to Asian origin) is also protected. Direct discrimination generally cannot be objectively justified, except in age discrimination cases. There are also specific exceptions, like occupational requirements or positive action provisions. Pregnancy or maternity discrimination does not require a formal comparator.

Indirect discrimination (section 19)

This involves acts, decisions, or policies that are not intended to be discriminatory but disproportionately disadvantage a group of people with a particular protected characteristic. Such a "provision, criterion or practice" (PCP) is discriminatory unless it can be objectively justified as a proportionate means of achieving a legitimate aim. Indirect discrimination applies to all protected characteristics except pregnancy and maternity. Since January 1, 2024, claimants can bring indirect discrimination claims even if they do not share the protected characteristic of the disadvantaged group, as long as they show they were disadvantaged in a substantively similar manner.

Harassment (section 26)

There are three definitions of harassment. The general definition applies to most protected characteristics (excluding marriage and civil partnership, and pregnancy or maternity). It involves unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment can be a one-off incident and can cover associative harassment or harassment based on perceived characteristics. Other forms include conduct of a sexual nature and less favourable treatment due to rejection of or submission to harassment of a sexual nature or related to sex/gender reassignment.

Victimisation (section 27)

This protects individuals who undertake "protected acts," such as bringing discrimination claims, complaining about harassment, or providing evidence in connection with EqA 2010 proceedings. It occurs when a person is subjected to a detriment because they have done, or are believed to have done, a protected act. Unlike previous legislation, it doesn't always require showing "less favourable treatment" compared to a comparator. Giving false evidence or making a false allegation in bad faith is not a protected act.

Instructing, causing, inducing or knowingly helping unlawful acts (sections 111 and 112)

The EqA 2010 also prohibits instructing, causing, inducing, or knowingly helping someone to discriminate, harass, or victimise another person.

Combined Discrimination

Section 14 of the EqA 2010 introduced a new cause of action for "combined discrimination," which would allow direct discrimination claims based on a combination of two relevant protected characteristics (age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation). However, this section has not yet been brought into force. Despite this, tribunals currently consider claims involving multiple characteristics as separate heads of claim, and existing direct discrimination law can already address issues that section 14 was intended to cover. The government issued a call for evidence in April 2025 regarding the prevalence of combined discrimination.

Understanding these protected characteristics and the various forms of discrimination they cover is fundamental to navigating employment law under the Equality Act 2010.

Protected Characteristics in Detail

Age s.5 EA

Defined in s.5 EA as being by reference to an age (e.g. 20-year olds) or an age group (e.g. the “over forties”).

Disability s.6 EA

‘Disability’ is one of the protected characteristics under the Equality Act 2010 (‘EA’).  The definition of disability is found in s.6 EA as follows:

            “A person (P) has a disability if:

(a)    P has a physical or mental impairment, and

(b)    the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.”

Race s.9 EA

Defined in s.9(1) EA to include:

(a)  colour (e.g. being black or white);

(b)  nationality (in a legal sense, e.g. being a British or Spanish citizen); or

(c) ethnic or national origin (refers to a sense of citizenship with a historic and/or geographical element).

Have a look at our race discrimination claim template. What constitutes an ethnic group is pretty broad; it includes groups which might not have a shared ‘race’ but a shared history and cultural tradition that distinguishes them from other groups. For example, in Mandla and another v Lee and others [1983] 2 AC 548, a school had refused to admit a Sikh student because he had a turban. The school denied that being a Sikh was a membership in a racial or ethnic group. Lord Denning dissented and held that this case should not have been pursued. The decision classed Sikhs as not being “ethnic”. Lord Denning's remarks sparked protests, including a demonstration where thousands of Sikhs participated in Hyde Park. Ministers were forced to intervene and declare that if the House of Lords did not correct the Court of Appeal ruling they would legislate to remedy the problem.

In BBC Scotland v Souster [2001] IRLR 50, the Court of Session confirmed that the Scots and English are separate racial groups, defined by reference to their national origins. Thus, there is agreement that the English and Scottish peoples belong to distinct racial categories. According to the Race Relations Act of 1976, discrimination might take place if an individual was treated differently because they were of English or Scottish descent.

Religion or belief s.10 EA

(1)  Religion means any religion, and a reference to religion includes lack of religion.

(2)  Belief means any religious or philosophical belief, and a reference to belief includes a reference to lack of belief.

Religion is relatively straightforward to define and includes all the established religions.

“Philosophical belief” is more problematic.  The Explanatory Notes state that the criteria for determining what is a “philosophical belief” are that it must be:

• genuinely held;

• not simply an opinion or viewpoint;

• a belief as to a weighty and substantial aspect of human life and behaviour;

• attain a certain level of cogency, seriousness, cohesion and importance; and

• be worthy of respect in a democratic society, compatible with human dignity and not conflict with the fundamental rights of others.

In Nicholson v Grainger PLC and others EAT [2010] IRLR 4 (EAT), Mr. Nicholson was terminated from his position at Grainger plc, and he later filed complaints against the company for discrimination based on his faith and beliefs, as well as unjust termination. Mr. Nicholson argued that his belief about climate change and the environment was not simply an opinion, but rather constituted a philosophical belief under the relevant legislation (at the time, the Employment Equality (Religion or Belief) Regulations 2003, which has since been replaced by the Equality Act 2010); he said that his particular beliefs that “mankind is heading towards catastrophic climate change and therefore we are all under a moral duty to lead our lives in a manner which mitigates or avoids this catastrophe for the benefit of future generations, and to persuade others to do the same ”Grainger plc attempted to have Mr. Nicholson's claim thrown out of court by contending that the view that he was stating did not meet the requirements necessary to be considered a "philosophical belief." The EAT went on to clarify the legal test for a philosophical belief – to be a philosophical belief within the legislation (now the Equality Act 2010), it must:

• be genuinely held

• be a belief and not an opinion or viewpoint based on the present state of information available

• be a belief as to a weighty and substantial aspect of human life and behaviour

• attain a certain level of cogency, seriousness, cohesion and importance; and

• be worthy of respect in a democratic society and not incompatible with human dignity or in conflict with the fundamental rights of others

Sex s.11 EA

The protected characteristic of sex applies to being a man or a woman. Sex discrimination in relation to pay and contractual terms of employment is covered separately by the equal pay provisions in the EA; the details of these provisions are beyond the scope of this module.

Sexual orientation s.12 EA

(1)  Sexual orientation means a person’s sexual orientation towards:

a.    persons of the same sex;

b.    persons of the opposite sex; or

c.    persons of either sex.

As such, s.12 protects gay men, lesbians, bisexuals and heterosexuals

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Read more on protected characteristics.