Protected Characteristics

The protected characteristics each have specific definitions in the Act: 'disability' includes physical or mental impairment with substantial adverse effect on day-to-day activities likely to last 12+ months (s.6); 'race' includes colour, nationality, ethnic or national origins (s.9); 'gender reassignment' covers people proposing to undergo, undergoing, or having undergone the process (s.7). Some protections are absolute (e.g. direct discrimination cannot be justified except for age and in specific cases). The Equality and Human Rights Commission enforces the Act through investigations, audits, and litigation.

In practice, identifying the right characteristic is the first strategic decision in any discrimination complaint, because the protection differs. Pregnancy and maternity is protected without needing a comparator during the protected period, so you do not have to show how a man or a non-pregnant colleague was treated. Marriage and civil partnership is the narrowest: it protects people who are married or in a civil partnership, not single people. Age is the only characteristic where direct discrimination can be justified if it is a proportionate means of achieving a legitimate aim.

Worked example: Ayesha is told during a recruitment process that the firm wants someone with more energy for a fast-paced team, and the role goes to a much younger candidate with less experience. That comment is evidence of direct age discrimination. She also mentions she may need time off for fertility treatment; if she is later rejected for that reason, the analysis may involve sex and disability as well. She requests written feedback and the interview notes, raises the issue in writing, and starts ACAS early conciliation. There is no fee to bring an employment tribunal claim, but the time limit is generally three months less one day from the act complained of, so speed matters more than certainty about which label fits.

The misconceptions are worth naming. Protection extends beyond people who have the characteristic themselves: discrimination by association — for example treating a carer badly because their child is disabled — and by perception, where someone is wrongly assumed to have a characteristic, are both unlawful. Gender reassignment does not require any medical treatment or diagnosis. Belief can include philosophical beliefs that meet the legal threshold, not just religions. And the list is closed: characteristics like social class, appearance, or caring responsibilities are not protected in their own right, though they often overlap with those that are.

Protected characteristics are defined by the Equality Act 2010 and trigger the reasonable adjustments duty for disability; claims proceed to the employment tribunal after early conciliation. Read our guide to workplace discrimination, and keep a dated written record of what was said.