2. The protected characteristics

Equality law is not about general unfairness or poor treatment by an employer. Instead, it is about targeting inequality across a set of specific characteristics known as the “protected characteristics”. These are listed below and found in section 4 of the Equality Act 2010 (EA 10). Equality laws have evolved gradually over time, with the addition of new protected characteristics, such as religion, sexual orientation, transgender, civil partnership and age, added to reflect changing political and social values. In England, Wales and Scotland, the EA 10 consolidated all the existing laws and regulations, under a single Act.

In Northern Ireland, equality law is still spread across a range of separate regulations and broadly reflects the position in the rest of the UK before the EA 10 was enacted. Details of the relevant regulations can be found on the website of the Northern Ireland Equality Commission: www.equalityni.org.

The 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 or gender; and

• sexual orientation.

A tribunal claim for discrimination, harassment or victimisation based on rights under the EA 10 must fit into one or more of the above categories. Otherwise it must fail (Taiwo v Olaigbe [2014] EWCA Civ 279).