The protected characteristics 




The Equality Act 2010 (EA 10) prohibits discrimination because of one of the following, referred to 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 to others without. 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 (unless this behaviour conceals hidden, perhaps even subconscious discrimination). 




Tribunals cannot expand any of the statutory “protected characteristics” beyond their natural meaning. In other words, a discrimination claim that does not fit into one of the above categories must fail (Taiwo v Olaigbe [2014] EWCA Civ 279).