Quick view: Protected characteristics under the Equality Act 2010 (UK)

Age (s5 EqA 2010):

1. ‘In relation to the protected characteristic of age—
   1. a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;
   2. a reference to persons who share a protected characteristic is a reference to persons of the same age group.
2. A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.’

Unlike some other jurisdictions (eg, the USA), age discrimination under the EqA 2010 is not limited to the protection of people over a certain age. It applies when:

• the individual is (or is not) a particular age, or falls within a particular age group; or
• the individual is perceived as being a particular age or within a (particular age group (even if they are not)); or
• the individual is associated with someone of a particular age or age group.

For further information see the Equality and Human Rights Commission Guidance on Age Discrimination.

Disability (s6 EqA 2010):

1. ‘A person (P) has a disability if—
   1. P has a physical or mental impairment, and
   2. the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.
2. A reference to a disabled person is a reference to a person who has a disability.
3. In relation to the protected characteristic of disability—
   1. a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
   2. a reference to persons who share a protected characteristic is a reference to persons who have the same disability.
4. This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—
   1. a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
   2. a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.’

Further information about the definition of disability is contained at Schedule 1 EqA 2010.

A disability under the EqA 2010 must be distinguished from the concept of a disability that impacts mobility for the purposes of obtaining a blue badge.

A disability under the EqA 2010 is a physical or a mental condition which has a substantial and long-term impact on an individual’s ability to do normal day-to-day activities.

The effect of an impairment is long-term if:

• it has lasted for at least 12 months; or
• it is likely to last for at least 12 months; or
• it is likely to last for the rest of the life of the person affected.

(See Schedule 1 EqA 2010.)

Subject to satisfying the test above, a disability might be a physical impairment, such as sciatica, or a mental impairment, such as depression.

Individuals with certain conditions are automatically protected under the EqA 2010, even if they do not satisfy the test above. These conditions are listed at Schedule 1 EqA 2010 and include cancer, HIV and multiple sclerosis.

Individuals may also be protected on the basis that:

• they had a disability in the past but have now recovered; or
• they are perceived as having a disability (even if they do not); or
• they are associated with someone who has a disability (eg. they have a disabled child or partner).

For further information see the Equality and Human Rights Commission Guidance on Disability Discrimination.

Gender reassignment (s7 EqA 2010):

1. ‘A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.
2. A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.
3. In relation to the protected characteristic of gender reassignment—
   1. a reference to a person who has a particular protected characteristic is a reference to a transsexual person;
   2. a reference to persons who share a protected characteristic is a reference to transsexual persons.’

An individual does not need to have undergone surgery or received other medical treatment in order to be covered by the definition of gender reassignment under the EqA 2010.

The individual can be at any stage in the transition process, including ‘proposing’ to undergo gender reassignment. It should also be noted that the definition refers to changing ‘physiological or other attributes of sex’. This means that an individual who changes, for example, social aspects, by living as their preferred gender rather than their birth sex, can be covered by the definition, even if they do not intend to have surgery or other medical treatment.

Individuals may also be protected on the basis that:

• they are perceived as having the protected characteristic of gender reassignment (even if they do not); or
• they are associated with someone who has the protected characteristic of gender reassignment.

For further information see the Equality and Human Rights Commission Guidance on Gender Reassignment Discrimination.

Marriage and civil partnership (s8 EqA 2010):

1. ‘A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.
2. In relation to the protected characteristic of marriage and civil partnership—
   1. a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner;
   2. a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners.’

A marital status discrimination claim must be based on the fact that the individual is married (or in a civil partnership). An allegation that the individual was discriminated against because of the identity of the person they are married to is not covered by the EqA 2010 (see, for example, Hawkins v Atex Group Ltd & Ors UKEAT/0302/11/LA).

There is no perceived discrimination and no discrimination by association because of marriage and civil partnership.

For further information see the Equality and Human Rights Commission Guidance on Marriage and Civil Partnership Discrimination.

Race (s9 EqA 2010):

1. ‘Race includes—
   1. colour;
   2. nationality;
   3. ethnic or national origins.
2. In relation to the protected characteristic of race—
   1. a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;
   2. a reference to persons who share a protected characteristic is a reference to persons of the same racial group.
3. A racial group is a group of persons defined by reference to race; and a reference to a person’s racial group is a reference to a racial group into which the person falls.
4. The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.
5. A Minister of the Crown ...—
   1. [must by order] amend this section so as to provide for caste to be an aspect of race;
   2. [may by order] amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.
6. The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.’

Race can mean an individual’s colour, nationality (including citizenship) and ethnic or national origins. Race also covers racial groups, including racial groups that are made up of two or more distinct racial groups (eg, British Asians).

Caste discrimination is not expressly covered under the EqA 2010, although section 9 requires the government to introduce secondary legislation to make caste an aspect of race.

In Chandhok & Anor v Tirkey UKEAT/0190/14/KN, the Employment Appeals Tribunal (EAT) commented that caste discrimination is capable of being unlawful under current law, provided that the circumstances of the case fall within the existing prohibition of race discrimination.

Following a public consultation, the government confirmed in July 2018 that it would not pass further legislation dealing with the issue of caste discrimination, preferring to rely on developments in case law.

For further information see the Equality and Human Rights Commission Guidance on Race Discrimination.

Religion or belief (s10 EqA 2010):

1. ‘Religion means any religion and a reference to religion includes a reference to a lack of religion.
2. Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.’

The EqA 2010 does not define religion, other than to state that ‘any religion’ is covered, as is a ‘lack of religion’. Belief is similarly widely defined in the EqA 2010. The meaning of these terms has therefore been subject to the interpretation of the tribunals and courts, leading to the following being covered by the EqA 2010:

• any religion of sufficient seriousness which has a clear structure and belief system;
• people without a religion, such as atheists, humanists and secularists;
• beliefs that affect how a person lives their life or perceives the world.

For a philosophical belief to be protected under the EqA 2010 it must:

• be genuinely held;
• be a belief and not just an opinion or viewpoint based on the present state of information available;
• relate to a weighty and substantial aspect of human life and behaviour;
• attain a certain level of cogency, seriousness, cohesion and importance; and
• be worthy of respect in a democratic society, not incompatible with human dignity and not in conflict with the fundamental rights of others.

(See Grainger plc v Nicholson [2009] UKEAT 0219_09_0311.)

Examples of protected beliefs include veganism (Casamitjana Costa v The League Against Cruel Sports 3331129/2018), the belief in man-made climate change (Grainger plc v Nicholson) and gender-critical beliefs (Maya Forstater v CGD Europe and Others: UKEAT/0105/20/JOJ).

For further information see the Equality and Human Rights Commission: Religion or belief: a guide to the law.

Sex (s11 EqA 2010):

1. ‘In relation to the protected characteristic of sex—
   1. a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
   2. a reference to persons who share a protected characteristic is a reference to persons of the same sex.’

An individual’s sex under the EqA 2010 is distinct from the concept of gender, and means either male or female.

Individuals may also be protected on the basis that:

• they are perceived as being of a particular sex; or
• they are associated with someone of a particular sex.

For further information see the Equality and Human Rights Commission Guidance on Sex Discrimination.

In For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the UK Supreme Court held that under the EqA 2010, the terms ‘woman’ and ‘sex’ refer to biological sex rather than legal gender identity or the possession of a Gender Recognition Certificate (GRC).

Sexual orientation (s12 EqA 2010):

1. ‘Sexual orientation means a person’s sexual orientation towards—
   1. persons of the same sex,
   2. persons of the opposite sex, or
   3. persons of either sex.
2. In relation to the protected characteristic of sexual orientation—
   1. a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;
   2. a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.’

The EqA 2010 defines sexual orientation as meaning a person’s sexual orientation towards those of:

• the same sex;
• the opposite sex; or
• either sex.

Individuals may also be protected on the basis that:

• they are perceived as being of a particular sexual orientation; or
• they are associated with someone of a particular sexual orientation.

For further information see the Equality and Human Rights Commission Guidance on Sexual Orientation Discrimination.

Pregnancy and maternity (s18 EqA 2010)

6. The protected period, in relation to a woman’s pregnancy, begins when the pregnancy begins, and ends—
   1. if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;
   2. if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.’

For individuals entitled to statutory maternity leave, protection under the EqA 2010 in work cases covers the period from the beginning of their pregnancy until:

• the end of their additional maternity leave entitlement; or
• when the individual returns to work from maternity leave, if sooner.

If an individual is not an entitled to maternity leave, they are protected from the beginning of their pregnancy until two weeks after the end of their pregnancy.

For further information see the Equality and Human Rights Commission Guidance on Pregnancy and maternity discrimination.