Equality legislation: nine protected characteristics

For some years now, individuals have had protection under the law from discrimination. The main piece of legislation that offers comfort is the Equality Act 2010. Apart from dealing with discriminatory acts, this law also aims to promote fairness in the workplace and wider society.

A key feature of the act is its recognition of nine protected characteristics that 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.

So, whether an employer or employee, the law makes clear what is expected.

Age discrimination

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 and ensure that training, promotion and redundancy decisions are based on objective criteria, not assumptions about age.

Disability and reasonable adjustments

Under the act, a person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their 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 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 automatically being a disability without having to satisfy the test.

Equally, progressive conditions, 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.

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, are 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 might encourage (but cannot 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

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.

It is important to note that this protection does not extend to people who are single, divorced or co-habiting outside of a marriage or civil partnership.

Pregnancy and maternity rights

Under the act, women are given automatic protection from discrimination during pregnancy and maternity leave. This 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.

Those returning from maternity leave enjoy special protection when it comes to changes to their role on 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 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.

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 covers recognised religions such as Christianity, Judaism and Sikhism, as well as those who consider themselves atheist.

Philosophical belief is a highly intricate area of discrimination law and cases where it is asserted are usually highly fact specific.

Sex discrimination

Under the act, workers are protected from discrimination on the grounds of sex, meaning being male or female.

So, where an employer 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.

Summary

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.

Whether employer or employee, understanding the law will make for a more harmonious workplace.

This article appeared in Vet Times (30 June 2026), Volume 56, Issue 26, Pages 16-17.