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). 





Tribunals are not allowed to expand any of the statutory “protected characteristics” beyond their natural meaning. A discrimination claim that does not fit into one of the above categories must fail (Taiwo v Olaigbe [2014] EWCA Civ 279).