What are protected characteristics?

A plain‑English guide for employees on protected characteristics. It outlines key rules, common risks and typical steps so you can understand the issues before deciding what to do next.

What are protected characteristics?

Protected characteristics are the nine personal attributes listed in section 4 of the Equality Act 2010 (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). At work it’s unlawful to discriminate, harass or victimise because of them. If affected, gather evidence, use your employer’s process and consider ACAS Early Conciliation.

Key takeaways

• There are nine protected characteristics under the Equality Act 2010.

• Unlawful treatment includes direct and indirect discrimination, harassment and victimisation (with limited exceptions). For disability, it also covers reasonable adjustments and discrimination arising from disability.

·      Discrimination can occur even if an employee does not have the protected characteristic themselves, but if it stems from a perception that they do, or because they associate with someone who does.

• You do not need two years’ service to bring a discrimination claim.

• Strict time limits apply, usually three months less one day from the last act, paused by Acas Early Conciliation.

Definition & context

Protected characteristics are specific personal attributes the law protects from unfair treatment. The list in section 4 of the Equality Act 2010 is: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality and ethnic or national origin), religion or belief, sex, and sexual orientation.
 
The Equality Act applies to work decisions about recruitment, pay, promotion, performance, discipline and dismissal, and to workplace policies and day‑to‑day conduct. If you are treated worse because of one of the nine characteristics, the law may help you.

Your rights & your employer’s duties

You have the right not to be discriminated against because of a protected characteristic. Employers must take reasonable steps to prevent discrimination and harassment and, for disability, to make reasonable adjustments so that disabled workers are not put at a substantial disadvantage.
 
Main legal concepts (in brief):
 
• Direct discrimination: less favourable treatment because of a protected characteristic. Except for age, direct discrimination cannot be justified. For age, an employer may defend it if it is a proportionate means of achieving a legitimate aim.
 
• Indirect discrimination: a policy, rule or practice applied to everyone that puts people with a particular characteristic at a particular disadvantage, and which the employer cannot justify.
 
• Harassment: unwanted conduct related to a relevant protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The harassment provisions do not cover marriage and civil partnership or pregnancy and maternity, but related behaviour may still be sex discrimination or direct discrimination.
 
• Victimisation: suffering a detriment because you did or may do a ‘protected act’, for example raising a grievance about discrimination or supporting a colleague’s complaint.
 
• Disability: extra protections include the duty to make reasonable adjustments and ‘discrimination arising from disability’ (unfavourable treatment because of something arising from a disability, which the employer must justify if challenged).

What to do next

1) Write down what happened: dates, words used, who was present. Keep emails, messages and notes of meetings.
 
2) Check the link to a protected characteristic: was the treatment because of age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion or belief, sex or sexual orientation? Consider association (for example treated worse because your partner is disabled) or perception (for example treated as if you had a characteristic).
 
3) Use your employer’s process: raise concerns informally if safe, then follow the grievance procedure. Keep copies of everything.
 
4) Ask for reasonable adjustments (disability): be specific and explain how the change would remove a substantial disadvantage.
 
5) Get support: speak to a union representative if you have one, or friends and family .
 
6) Mind the deadline: most tribunal claims must be presented within three months less one day of the last discriminatory act. Starting ACAS Early Conciliation pauses the time limit while it runs.
 
7) Consider outcomes: from requesting training and adjustments, to policy changes or compensation ordered by an employment tribunal. Outcomes depend on your facts and evidence.

Common pitfalls

• Missing the time limit, especially in ongoing situations. Diary the dates and factor in ACAS early conciliation.
 
• Not linking the behaviour to a protected characteristic. General ‘bullying’ is not unlawful discrimination unless the link to a protected characteristic is proven (though other claims might still arise).
 
• Assuming you need two years’ service. You do not for discrimination claims.
 
• Overlooking indirect discrimination. Neutral rules can still be unlawful if they put a group at particular disadvantage and are not justified.
 
• Not asking for reasonable adjustments in writing where disability is present.

Examples

• A uniform policy bans all head coverings. This may indirectly discriminate against some religions unless the rule is justified.
 
• A manager rejects a job application because the candidate ‘looks too old for the team’. That is likely direct age discrimination unless a narrow legal justification applies.
 
• A pregnant employee is left out of key meetings after announcing pregnancy. That may be direct pregnancy discrimination or sex discrimination.
 
• Teasing about someone’s accent continues after they ask for it to stop. That can be harassment related to race.

FAQs

Do I need two years’ service to bring a claim?

No. Discrimination claims do not require any minimum service. The key issue is whether the treatment was because of a protected characteristic.

Can discrimination ever be justified?

Indirect discrimination can be justified if the employer proves the rule or practice is a proportionate means of achieving a legitimate aim. Direct discrimination cannot be justified except for age, and some specific statutory exceptions apply.

Does harassment cover pregnancy or being married?

Under the Equality Act, harassment does not cover the protected characteristics of pregnancy and maternity nor marriage and civil partnership. However, related behaviour might still amount to sex discrimination or direct discrimination.

What counts as a disability?

The Equality Act uses a legal test. In simple terms you must have a well recognised physical or mental impairment with a substantial and long‑term adverse effect on your ability to carry out normal day‑to‑day activities. Some conditions (for example cancer, multiple sclerosis) are deemed disabilities from diagnosis.

What are the deadlines for claims?

Usually three months less one day from the last act complained of, paused while ACAS early conciliation is running. Do not delay.

Can I be treated badly for raising concerns?

No. Victimisation is unlawful if you suffer a detriment because you did a ‘protected act’ such as bringing or supporting a discrimination complaint.

Speak to our team about protected characteristics and discrimination at work. 0800 915 7777 or hello@kilgannonlaw.co.uk

This page provides general information only, based on UK employment law as at the date of publication. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances. Reading this page or contacting us does not create a solicitor‑client relationship. Please do not include confidential information in your first message.