The 9 protected characteristics under the Equality Act 2010

The Equality Act 2010 protects employees, workers, and job applicants from discrimination, harassment and victimisation based on nine protected characteristics.

The nine protected characteristics

1. Age
2. Disability — a physical or mental impairment with a substantial and long-term adverse effect on day-to-day activities.
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race — colour, nationality, ethnic or national origins.
7. Religion or belief — including a lack of religion or belief.
8. Sex
9. Sexual orientation

Types of unlawful discrimination

• Direct discrimination — treating someone less favourably because of a protected characteristic. Some forms allow a justification defence (e.g. age); most do not.
• Indirect discrimination — applying a provision, criterion or practice that puts people sharing a protected characteristic at a particular disadvantage, and which cannot be objectively justified as a proportionate means of achieving a legitimate aim.
• Harassment — unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
• Victimisation — treating someone less favourably because they have made or supported a complaint of discrimination, or are believed to be planning to do so.

Reasonable adjustments for disability

Employers have a positive duty to make reasonable adjustments for disabled employees where a workplace provision, criterion, practice, physical feature, or auxiliary aid places them at a substantial disadvantage. Examples:

• Adjusting working hours.
• Providing equipment (chair, software, lighting).
• Modifying duties.
• Allowing additional breaks.
• Reassigning to an alternative role.

The test for "reasonable" depends on the cost, the size of the employer, the practical effect, and the disruption involved. Failure to make a reasonable adjustment is itself a form of disability discrimination.

ERA 2025 — third-party harassment

From October 2026, employers will be liable for harassment of their employees by third parties (customers, clients, contractors, members of the public) unless they have taken all reasonable steps to prevent it.

This significantly expands employer liability. "All reasonable steps" is a high bar — it requires:

• A clear anti-harassment policy that covers third-party conduct.
• Training for managers and employees.
• Procedures for reporting and acting on third-party harassment.
• Evidence that the policy is genuinely applied.

Sectors most affected: hospitality, retail, healthcare, customer service.

What employers should do

• Audit policies — recruitment, promotion, dismissal, harassment, grievance — for direct or indirect discrimination risks.
• Train managers in handling protected characteristics in day-to-day decisions.
• Document reasonable adjustment decisions carefully.
• Prepare for third-party harassment liability (October 2026): policy, training, reporting mechanisms.
• Take complaints seriously — investigation and outcome must be defensible.

Time limits

Discrimination claims must be brought within 3 months of the act complained of (subject to ACAS early conciliation extending the time slightly).

Official sources: GOV.UK — Discrimination and EHRC Employment Code of Practice.