• What are the protected characteristics?
• Why contact Britton & Time Solicitors?

How many protected characteristics are there?

Under the Equality Act 2010, it’s illegal to discriminate against someone for any of the following reasons:

1. Age 
2. Disability
3. Gender reassignment 
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief 
8. Sex 
9. Sexual orientation 

What are the types of discrimination?

Under the Equality Act 2010, there are five main types of discrimination, which include:

1. Direct discrimination. This form of discrimination is when someone is treated differently or worse than someone else because of that person’s protected characteristic.
2. Indirect discrimination. This form of discrimination occurs when a company put a general rule or plan in place, which puts some people with protected characteristics at a disadvantage. In the workplace, this general rule is only discriminatory when there’s no justification for implementing it.
3. Harassment. This form of discrimination is where someone conveys negative behaviour towards someone else to harm that person’s dignity. Typical forms of harassment include bullying, harmful nicknames, asking inappropriate questions and gossiping.
4. Victimisation. This form of discrimination is when someone becomes a victim of harmful behaviour because they support (or are expected to support) someone who possesses a protected characteristic. To be a victim of victimisation, you don’t need to have a protected characteristic yourself.
5. Positive discrimination. This form of discrimination is when you treat someone favourably because that person possesses a protected characteristic. An example of positive discrimination is giving someone a job because they possess a protected characteristic rather than being the best candidate.

What are the protected characteristics?

The nine protected characteristics are as follows:

1. Age. 

This protected characteristic is where someone faces discrimination due to their age.

Example:

Craig is applying to become a builder at a construction company. He is competing against another younger applicant. The construction company decides to employ the younger applicant because they feel Craig will be more likely to have physical problems due to his older age. 

2. Disability.

This protected characteristic is where someone faces discrimination due to either a mental or physical disability.

Example:

Hannah has a physical disability that impacts her ability to drive. She is applying for a receptionist role, but the job requires all applicants to have a driving licence, even though driving isn’t part of the job description. So in this instance, the employer is indirectly discriminating against Hannah.

3. Gender reassignment. 

This protected characteristic is where someone faces discrimination due to either transitioning from one gender to another or even considering gender reassignment.

Example:

Jim is considering gender reassignment, and this information is spreading around the office. One of Jim’s work colleagues has photoshopped a picture of him in a dress and sent it via email to everyone in the office.

4. Marriage and civil partnership.

This protected characteristic is where someone faces discrimination because they are married or in a civil partnership.

Example:

James works night shifts at a radio station, and he is getting married in two weeks. As a result of James getting married, he’s lost his job. The employer has assumed that when Jame’s married, he’ll not be able to work as he’ll need to be home with his wife in the evenings.

5. Pregnancy and maternity.

This protected characteristic is where someone faces discrimination due to pregnancy or maternity.

Example:

Sarah openly discussed her being a mother and wanting to have another child at some point in her job interview. But, unfortunately, the interviewer didn’t offer Sarah the job in the interview as they’re looking for an employee who isn’t going to take maternity leave.

6. Race.

This protected characteristic is where someone faces discrimination because of their ethnic background.

Example:

Marina has been facing racial insults because of her ethnic background.

7. Religion or belief.

This protected characteristic is where someone faces discrimination because of their religions or beliefs.

Example:

Christian is a University student who’s looking for work at the weekends to earn some extra money. He applies for at a takeaway food company. However, he’s not offered the job because the company assumes that he’s religious and will need to go to Church on Sunday because his name is Christian.

8. Sex.

This protected characteristic is where someone faces discrimination because of their sex.

Example: 

Nigel is applying for a job at a women’s fashion boutique. However, the boutique decides not to offer him the job because they only want women to work in the boutique.

9. Sexual orientation.

This protected characteristic is where someone faces discrimination because of their sexual orientation.

Example:

Claire has supported a discrimination complaint by her work colleague who’s facing discrimination because they’re a member of the LGBTQ+ community. As a result, Claire’s fellow employees are now labelling her a ‘troublemaker’ and not inviting her to company social activities.