The protected characteristics

The Equality Act 2010 (EA 10) prohibits discrimination because of one or more of the following “protected characteristics”:

• age;

• disability;

• gender reassignment;

• marriage and civil partnership;

• pregnancy and maternity;

• race;

• religion or belief;

• sex; and

• sexual orientation.

Broadly speaking, equality legislation aims to secure equal treatment for people with a protected characteristic when compared to others without. It is not about fair treatment. In other words, it does not protect workers from poor employers who behave equally badly to all employees, or employers who behave badly for a non-discriminatory reason (unless this behaviour conceals hidden, perhaps even subconscious discrimination).

ETs are not allowed to expand any of the above statutory protected characteristics beyond their natural meaning. To succeed, a discrimination claim must fit into one of the above categories (Taiwo v Olaigbe [2014] EWCA Civ 279).

In Northern Ireland, there are extra laws to protect people from workplace discrimination based on their political beliefs, enforced by the Northern Ireland Fair Employment Tribunal (see page 228, Political belief).