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An introduction to protected characteristics and workplace discrimination

In the UK, the Equality Act 2010 (the Act) protects individuals from discrimination in the workplace based on twelve protected characteristics.

Employers have a legal duty to ensure that their workplace policies, recruitment practices, and day-to-day management do not disadvantage individuals because of these characteristics.

Failure to comply can lead to costly tribunal claims, reputational damage, and a negative workplace culture.

This is the first in a series of blogs exploring protected characteristics and workplace discrimination.

What are protected characteristics?

The Equality Act 2010 (the Act) sets out the following twelve protected characteristics:

Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Carer status
Socio-economic background
Trade union membership

These characteristics are safeguarded to ensure fair treatment in employment, covering aspects such as hiring, promotion, pay, workplace policies, and dismissals.

Why businesses must take this seriously

Discrimination can occur intentionally or unintentionally, and many claims arise from indirect discrimination, where a policy or practice disproportionately affects individuals with a protected characteristic.

For example:

A job advert stating ‘must be young and energetic’ could be seen as age discrimination.
A requirement for employees to work Sundays could discriminate against those with religious commitments.
Failing to provide reasonable adjustments for a disabled employee may amount to unlawful discrimination.

Employers who ignore these risks may face legal claims that can result in financial penalties, damage to their reputation, and difficulty attracting top talent.

Common misconceptions about workplace discrimination

Many businesses unknowingly create discriminatory policies. Here are some common myths:

“Treating everyone the same is always fair.”
- In reality, fairness often means recognising and accommodating different needs. For instance, a flexible dress code might be necessary for religious reasons.
“If discrimination isn’t intentional, it isn’t illegal.”
- The law considers the impact of a policy, not just the intention behind it.
“Only employees can bring discrimination claims.”
- The Equality Act 2010 protects job applicants, freelancers, and agency workers too.

Steps businesses can take to stay compliant

Employers can protect themselves by implementing best practices:

Review policies – Ensure recruitment, promotion, and disciplinary policies comply with the law.
Train staff – Managers and HR teams should understand unconscious bias and anti-discrimination policies.
Monitor workplace culture – Conduct regular employee surveys to identify issues.
Implement reasonable adjustments – Make sure employees with disabilities or other needs receive appropriate support.
Handle complaints correctly – Set up a clear reporting structure for discrimination concerns.

A workplace that prioritises inclusivity and fairness enables a positive culture, improves employee retention, and reduces the risk of legal action.

In the next blog, we will break down each protected characteristic in detail, exploring the legal obligations and practical considerations employers must be aware of.

If you are an employer and would like legal support or advice regarding protected characteristics and workplace discrimination, contact our employment law solicitors today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.