Definition
The nine characteristics specified in the Equality Act 2010 on the basis of which it is unlawful to discriminate against a person: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
UK Context
The Equality Act 2010 provides the legal framework for protected characteristics in England, Scotland, and Wales (Northern Ireland has separate legislation). The Equality and Human Rights Commission (EHRC) is the statutory body responsible for enforcement. Employment tribunal claims for discrimination have no compensation cap. Employers also have vicarious liability for discriminatory acts by their employees unless they can show they took all reasonable steps to prevent discrimination.
Best Practices
- Provide regular equality and diversity training to all managers and staff involved in employment decisions
- Review all HR policies and procedures to ensure they do not directly or indirectly discriminate
- Collect and analyse equality monitoring data to identify potential areas of disadvantage or underrepresentation
- Ensure recruitment, promotion, and redundancy selection processes are demonstrably fair and based on objective criteria
- Take all complaints of discrimination seriously and investigate them promptly and thoroughly
Frequently Asked Questions
What are the nine protected characteristics?
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, and sexual orientation. Protection applies to all stages of the employment relationship, from recruitment to dismissal.
Can an employer ever take a protected characteristic into account?
Positive action is permitted where it is a proportionate means of addressing disadvantage, underrepresentation, or particular needs. For example, targeting recruitment at underrepresented groups or offering development programmes for women in male-dominated sectors. However, positive discrimination, such as selecting a less qualified candidate solely because of a protected characteristic, is generally unlawful.
What should I do if I experience discrimination at work?
You should raise the matter through your employer's grievance procedure. If the issue is not resolved internally, you can contact ACAS for early conciliation, which is a mandatory step before making an employment tribunal claim. Claims must generally be brought within three months of the discriminatory act. You may also wish to seek legal advice.
Are employers liable for discrimination by their employees?
Yes, employers are vicariously liable for discriminatory acts committed by employees in the course of employment, unless the employer can demonstrate that it took all reasonable steps to prevent the discrimination. This is why equality training, clear policies, and prompt investigation of complaints are so important.