The primary purpose of employment law is to provide a framework that promotes fairness and equality to provide a safe, inclusive, legally compliant workplace for employees.
The Equality Act 2010 outlines the protected characteristics which form a key part of this framework to protect employees from discrimination, harassment and victimisation. Here we explain what the protected characteristics under UK employment law are, why they matter, and how businesses can ensure compliance to promote equality and prevent discrimination in the workplace.
What Are the Nine Protected Characteristics?
1. Age
This protected characteristic applies to individuals of all ages and protects from age related discrimination. It means it is unlawful to discriminate against someone because of their age. Examples of actions that employers should take to prevent discrimination include using age-neutral language in job advertisements and providing fair and equal access to training and development for employees of all ages.
2. Disability
A person is considered disabled if they have ‘A physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.’ Employers have a legal duty to provide reasonable adjustments for employees with disabilities.
3. Gender Reassignment
Individuals who are ‘proposing to undergo, are undergoing or have undergone a process (or part of a process) to reassign their sex by changing physiological or other attributes of sex’ are protected under this characteristic, including non-binary and gender-diverse individuals. Employers have a responsibility to educate their workforce to understand and respect diverse gender identities.
4. Marriage and Civil Partnership
Employers must ensure that employees who are married or in a civil partnership are not treated less favourably than others because of their marital or partnership status. Workplace policies must not unfairly disadvantage those who are married or in a civil partnership. Managers should be trained to avoid bias affecting decisions with regards to recruitment, promotion or responsibilities.
5. Pregnancy and Maternity
Employers have a legal obligation to protect individuals from unfair treatment relating to pregnancy, childbirth and maternity leave. This protection extends to recruitment, time off for antenatal care and redundancy situations and this can be a very complicated area. Clear policies should outline entitlements to maternity leave and other family-related leave and pay, and return-to-work procedures and training should be provided to managers.
6. Race
This protected characteristic protects individuals from discrimination and unfair treatment based on their race, colour, nationality, ethnic origin or national origin. Organisations must ensure policies and practices promote racial equality and are reviewed regularly to address and prevent unconscious bias.
7. Religion or Belief
This protects individuals with religious or philosophical beliefs, (or a lack of them), from discrimination, harassment and victimisation. Employers are expected to make reasonable accommodations where possible. Clear policies around inclusivity and respect can help avoid misunderstandings.
8. Sex
This applies to both men and women. Workers are protected against unequal treatment based on their gender, including with regards to pay and conditions. Employers should conduct regular pay audits and create transparent promotion criteria to ensure fairness. Workers are also protected against harassment based on their sex, and employers of all sizes also have a particular legal duty to take reasonable steps to prevent sexual harassment in the workplace.
9. Sexual Orientation
Individuals must not be treated less favourably because of their sexual orientation—or assumptions about it. Employers should foster an inclusive workplace by creating policies which enforce zero tolerance of discrimination or harassment based on sexual orientation, including training and awareness where possible.
What can employers do?
Discrimination can take many forms – whether it’s direct, such as rejecting a job candidate based on their age, indirect such as applying rules that unfairly disadvantage certain groups, or through harassment or victimisation. Understanding the protected characteristics under UK employment law is crucial for employers to effectively address these issues.
Employers must ensure that recruitment practices—such as job adverts and interviews—are inclusive and free from bias. Clear and accessible workplace policies should be in place to promote diversity and prevent discrimination. Regular training for all staff and managers on equality, diversity, and inclusion focusing on what protected characteristics UK law requires, is essential to build awareness and accountability. Just as importantly, it is essential for organisations to create a culture of transparency and support, where employees feel safe to voice concerns without the risk of reprisal. Failure to take these steps not only puts individuals at risk of harm but also exposes the organisation to legal claims and reputational damage.
If you’re an employer and would like help updating policies and procedures to promote equality and prevent discrimination in line with the Equality Act protected characteristics, contact us on 01942 727200 or email enquries@employeemanagement.co.uk to see how we can help.
Alternatively, we have a range of EDI online courses available via our e-learning portal, delivering CPD-certified, interactive, bite-sized management and professional training from as little as £25 per employee, per course. Get in touch with us at EML to find out more.