Protected equality characteristics

The nine protected characteristics are important because people from these groups may have particular needs that we need to be aware of.

The Equality Act 2010 sets out the different ways in which it is unlawful to treat someone, as people with these characteristics may be discriminated against, directly (on purpose) or indirectly (unwittingly, unintentionally), or victimised or harassed because of those characteristics, which is illegal. This applies both in providing services and in employment.

Definition of the nine Protected Characteristics listed under the Equality Act 2010

Age:
This refers to a person belonging to a particular age group, which can mean people of the same age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year olds, or people over 60).

Disability:
Under equalities legislation a person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.

Gender reassignment:
This refers to a person who is proposing to undergo, is undergoing or has undergone a change from one gender to another.  The Equality Act introduced a number of changes to the legal protection of transgender and transsexual people. The Act no longer requires a person to be under medical supervision to be protected - for example, a woman who decides to live permanently as a man (or visa-versa), but does not undergo any medical procedures is protected by law.

Marriage and Civil Partnership:

In England and Wales marriage is no longer restricted to a union between a man and women but now includes a marriage between a same sex couples. [1] This will also be true in Scotland when the relevant legislation is brought into force. [2]

Same sex couples can also have their relationship legally recognised as ‘civil partnerships’. Civil partners must not be treated less favourably then married couples (except where permitted by the Equality Act)

Pregnancy and Maternity:
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

Race:
This refers to a group of people defined by their race, skin colour, and/or nationality (including citizenship) ethnic or national origins.  The term ethnic minority community is used to define a group of people that is numerically smaller than the predominant white British community. This includes people from communities such as such as Irish, Turkish, Cypriot, Eastern European and Travelling people.

Religion and Belief:
The term "religion" refers to both the personal practices related to communal faith and to group rituals and communication stemming from shared conviction.  Belief can include religious and philosophical beliefs, including lack of belief (e.g. atheism). Generally, a belief should affect your life choices or the way you live for it to be included in this definition.

Sex (Gender):
This refers to either a male (man) or female (woman).

Sexual Orientation:
This refers to an individuals sexual orientation/attraction towards people of:

  • the opposite sex (heterosexual)
  • the same sex (gay or lesbian)
  • both sexes (bisexual)

A more in-depth definition of these protected characteristics can be found on the Office of Public Sector Information website or Equality and Human Rights Commission

For further information, please contact us: 

Last updated: 12 November 2015 11:01:35

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