Creating a fair and inclusive workplace is more than just a legal requirement—it's essential for fostering a positive and productive environment. Under the Equality Act 2010, nine protected characteristics ensure that employees and job applicants are treated fairly, regardless of personal traits or circumstances.
Understanding these characteristics and the protections they afford can help businesses comply with the law and build a culture where everyone feels valued.
This guide provides an in-depth explanation of the nine protected characteristics, outlines the types of discrimination, and offers practical steps for employers to promote equality in the workplace.
Managing protected characteristics at work
- What are protected characteristics
- The nine protected characteristics explained
- Types of discrimination
- Employers’ responsibilities
- Employees’ rights
- Why protected characteristics matter
- How can you promote diversity in the workplace?
What are protected characteristics?
Protected characteristics are specific attributes or traits legally safeguarded under the Equality Act 2010. These protections apply in employment, education, and public services, ensuring people are not treated unfairly because of who they are.
It simplifies previous anti-discrimination laws into a single framework, making it easier for organisations to comply. The nine protected characteristics are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
These characteristics represent the cornerstone of a fair and inclusive workplace.
The nine protected characteristics explained
Each of the nine protected characteristics addresses an aspect of a person's identity that could be the reason for unfair treatment, discrimination or harassment. Employers need to ensure all employees are treated equally and not discriminated against based on these protected characteristics.
1. Age
This characteristic protects individuals of all ages from discrimination. Age bias can occur at any stage of employment, from recruitment to retirement. Employers can mitigate age discrimination by using inclusive language in job postings and ensuring equal access to training and development opportunities.
2. Disability
Disability protection covers physical, mental, and sensory impairments that have a substantial, long-term impact on daily activities. Employers are legally required to make reasonable adjustments for disabled employees. By creating an accessible work environment, organisations demonstrate their commitment to equality.
Example: Providing ergonomic office equipment or allowing flexible hours to attend medical appointments would demonstrate reasonable adjustments being made.
3. Gender reassignment
This characteristic protects individuals who are transitioning, have transitioned, or are planning to transition. It also applies to non-binary and gender-diverse individuals. Employers should provide training to promote understanding and respect for gender diversity.
Example: Refusing to allow an employee to use facilities aligned with their gender identity could constitute discrimination.
4. Marriage or civil partnership
This characteristic protects employees who are married or in a civil partnership from unfair treatment in the workplace. While it primarily applies to employment, it’s important for policies to be inclusive of all forms of legal unions.
Example: Denying spousal benefits to employees in a civil partnership would breach this protection.
5. Pregnancy and maternity
Pregnancy and maternity protection ensures that women are not treated unfairly due to their pregnancy, childbirth, or maternity leave. This protection extends to recruitment, promotion, and redundancy. Supportive policies, such as enhanced parental leave and return-to-work programs, can help foster loyalty and trust.
Example: Selecting a pregnant employee for redundancy due to their temporary absence is unlawful.
6. Race
Race protection covers colour, nationality, ethnic origin, and national origin. Employers must ensure that their policies and practices promote racial equality. Organisations should regularly review hiring practices to identify and eliminate unconscious bias.
Example: Requiring a specific accent for customer-facing roles without valid justification could amount to indirect discrimination.
7. Religion or belief
This characteristic protects individuals with religious beliefs, philosophical beliefs, or lack of belief. Employers are expected to make reasonable accommodations where possible. Clear policies around inclusivity and respect can help avoid misunderstandings.
Example: Allowing flexible schedules for religious holidays or prayer times shows respect for employees' beliefs.
8. Sex
This characteristic protects individuals from discrimination based on their gender. It includes issues such as unequal pay, sexual harassment, or gender stereotypes. Employers should conduct regular pay audits and create transparent promotion criteria to ensure fairness.
Example: Offering leadership training exclusively to male employees creates an unfair barrier for female employees.
9. Sexual orientation
Sexual orientation protections cover all orientations, ensuring no one faces discrimination for who they are or whom they love. Workplaces should promote acceptance by supporting LGBTQ+ initiatives and fostering open dialogue.
Example: Ignoring homophobic comments in the workplace could contribute to a hostile environment, breaching the Equality Act.
Types of discrimination under the Equality Act 2010
The Equality Act identifies several forms of discrimination:
Direct discrimination
Treating someone less favourably because of a protected characteristic.
Example: Refusing to hire a candidate because of their age.Indirect discrimination
Policies or practices that disadvantage individuals with a protected characteristic.
Example: A policy requiring employees to work late may disadvantage parents with childcare responsibilities.Harassment
Unwanted behaviour related to a protected characteristic that creates an intimidating or hostile environment.
Example: Making derogatory remarks about someone’s religion.Victimisation
Treating someone unfairly because they’ve made a complaint or supported someone else’s complaint.
Example: Excluding an employee from meetings after they raised a discrimination complaint.
Employers' responsibilities
Employers play a key role in promoting equality and preventing discrimination. Steps to ensure compliance include:
- Policy review
Regularly updating workplace policies to reflect the Equality Act’s standards. - Training
Educating employees and managers about diversity, equality, and inclusion. - Monitoring
Collecting and analysing data to identify potential areas of bias.
Support Systems: Establishing clear channels for employees to report concerns.
Employees' rights
Employers should make the rights of employees clear through regular communication and accessible policies. Employees are entitled to:
- Work in an environment free from discrimination, harassment, or victimisation.
- Raise concerns about unfair treatment without fear of retaliation.
- Request reasonable adjustments if they have a disability.
Why protected characteristics matter
The law protects employees against discrimination, harassment, unfair treatment and exclusion in the workplace. This protection includes recruitment, training and promotion, pay and benefits, performance management, redundancy and dismissal.
If an employee is treated unfairly, directly or indirectly, employers could face a tribunal claim for unlawful discrimination.
However, fostering an inclusive workplace isn’t just about compliance—it’s about creating an environment where everyone can thrive. By respecting and accommodating the nine protected characteristics, employers demonstrate a commitment to fairness, which can:
- Enhance employee engagement and retention.
- Improve team collaboration and innovation.
- Boost organisational reputation and attract top talent.
How can you promote diversity in the workplace?
It is a fact that we all have unconscious biases. Acknowledging this is important and the first step in embracing diversity at work. There are benefits aplenty to having an inclusive company, such as being 87% more likely to make better decisions and 70% more likely to capture new markets.
There are several ways to encourage and promote inclusion and diversity in the workplace, especially with more employees returning to the office.
- Have safe places for all, such as quiet spaces, wheelchair ramps & prayer rooms
- Encourage employee social & interest groups to help employees build networks
- Be mindful of inclusion when planning company holidays
- Check your language is free from discrimination
- Host inclusivity training sessions to educate staff on inclusion at work
It is a challenge to be one hundred per cent inclusive all day, every day. However, a little effort goes a long way in building a diverse workplace where employees feel included, and businesses reap the rewards of having a content workforce.
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