The nine protected characteristics explained

Age

Age discrimination occurs when someone is treated unfairly because of their age or age group. This includes young and older workers alike. Common examples include being passed over for promotion due to being “too young” or being made redundant based on seniority without justification.

Disability

A disability is defined as a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to carry out normal day-to-day activities. Employers must avoid disability discrimination and are also under a duty to make reasonable adjustments for disabled employees to enable them to work effectively.

Gender reassignment

This characteristic protects individuals undergoing, proposing to undergo, or who have undergone a process to reassign their gender. Protection exists from the moment a person expresses their intention to transition, and employers must not discriminate on this basis.

Read more about: gender reassignment discrimination

Marriage and civil partnership

The Equality Act protects individuals who are married or in a civil partnership from discrimination in the workplace. This protection does not extend to those who are single, divorced, or cohabiting without a legal partnership.

Pregnancy and maternity

Employees are protected during the period of pregnancy and maternity leave. Protection covers automatic unfair dismissal, unfair treatment, and disadvantage due to absence related to pregnancy or childbirth.

Read more about pregnancy and maternity discrimination

Race

Race covers colour, nationality, ethnic or national origins. Race discrimination can include derogatory remarks, unequal treatment in promotion, or racist assumptions during recruitment processes.

Religion or belief

This includes any religion, religious belief, or philosophical belief (including lack of belief). Employers must not treat individuals less favourably because of their faith or absence of one, and should make reasonable efforts to accommodate religious observance where practicable.

Sex

The law on sex discrimination protects individuals from discrimination on the basis of being male or female. It covers issues such as unequal pay, stereotypical assumptions about gender roles, and maternity-related disadvantage.

Sexual orientation

Sexual orientation discrimination includes unfair treatment based on actual or perceived orientation (e.g. heterosexual, homosexual, or bisexual). This includes negative comments, exclusion, or different treatment in promotion or job opportunities.

Types of discrimination linked to protected characteristics

Direct discrimination

Direct discrimination happens when someone is treated less favourably because of a protected characteristic. For example, not promoting a woman because she is pregnant or dismissing an employee because they are gay.

Indirect discrimination

Indirect discrimination occurs when a policy, practice, or rule that applies to everyone disadvantages a particular group. For instance, requiring all employees to work full-time may disproportionately affect women with childcare responsibilities.

Harassment

Harassment is unwanted behaviour related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, or offensive environment. This could be jokes, comments, gestures, or exclusion.

Victimisation

Victimisation happens when someone is treated badly because they made or supported a complaint under the Equality Act, or are suspected of doing so. For example, being denied a promotion after raising a grievance about discrimination.

Discrimination arising from disability

This occurs when someone is treated unfavourably not because of their disability directly, but because of something connected to it – such as needing time off for medical appointments.

Failure to make reasonable adjustments (for disability)

Employers must make reasonable changes to remove barriers faced by disabled employees. This might include flexible working hours, adjusted duties, or modified equipment. Failure to do so may amount to unlawful discrimination.

Workplace rights and employer duties

Equality in recruitment and promotion

Employers must ensure recruitment processes do not disadvantage candidates based on protected characteristics. Job adverts, selection criteria, and interview procedures should all be designed to minimise bias.

Fair treatment during employment

All employees are entitled to be treated with dignity and respect during their employment. Unequal workloads, exclusion from meetings, or offensive language may breach the Equality Act if connected to a protected characteristic.

Equal access to training and benefits

Employees should have equal access to career development, training, and workplace benefits. Denying opportunities based on assumptions about age, gender, or other protected traits is prohibited.

Protections during dismissal or redundancy

Protected characteristics must not play any part in decisions to dismiss or select an employee for redundancy. Employers must follow fair procedures and ensure decisions are objective and justified. A failure to follow a fair process may result in an unfair dismissal (or discriminatory dismissal).

What to do if you experience discrimination

Raising concerns informally

In many cases, concerns can be raised directly with a line manager or HR representative. A respectful and clear conversation may resolve issues at an early stage.

Making a formal grievance

If informal steps are unsuccessful, a formal grievance can be submitted. Employers should follow a proper grievance procedure and investigate the matter thoroughly and impartially.

Employment tribunal claims and time limits

If the issue remains unresolved, employees may consider making an Employment Tribunal claim. There are strict time limits – usually three months minus one day from the date of the discriminatory act. It’s generally necessary to go through ACAS early conciliation before a claim can proceed.

Read more about: time limits in the Employment Tribunal

Seeking legal advice and representation

Given the complexity of discrimination claims, employees often benefit from legal advice. An employment solicitor can help assess the merits of a claim, gather evidence, and represent the employee in negotiations or proceedings.

Promoting equality at work

The role of workplace policies

Equality and diversity policies play a key role in setting expectations for behaviour at work. Policies should be regularly reviewed, communicated to all staff, and supported by clear procedures for dealing with concerns.

Training and awareness for staff and managers

Training helps ensure all employees understand their responsibilities and rights under the Equality Act. Managers in particular should be equipped to handle sensitive issues appropriately.

Inclusive workplace culture

A truly inclusive culture goes beyond legal compliance. Open dialogue, celebration of diversity, and active inclusion initiatives can help foster a respectful and supportive environment for everyone.

If you need help understanding your rights or believe you’ve been treated unfairly in relation to a protected characteristic, you may wish to seek legal advice or speak with your HR department. Employers also benefit from proactively addressing these issues to build fair, lawful, and productive workplaces.