The protected characteristics

The Equality Act 2010 (EA 10) prohibits discrimination because of one of the following characteristics, referred to in the Act as “protected characteristics”:

• age;

• disability;

• gender reassignment;

• marriage and civil partnership;

• pregnancy and maternity;

• race;

• religion or belief;

• sex or gender; and

• sexual orientation.

Equality legislation is aimed at securing equal treatment for people with the protected characteristic, when compared with others who do not have the protected characteristic. It is not about fair treatment. 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.

Tribunals are not allowed to expand the meaning of each “protected characteristic”. This means that unless a discrimination claim fits into one of the categories listed above, it will fail (Taiwo v Olaigbe [2014] EWCA Civ 279).