Protected characteristics sit at the centre of UK discrimination law. They define the legal boundaries within which employers must operate when recruiting, managing and, where necessary, dismissing staff. Under the Equality Act 2010, it is unlawful to discriminate, harass or victimise someone because of a protected characteristic. These rules apply across the employment lifecycle, from job advertisement and interview through to termination and post-employment references.
The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Each carries specific legal implications and risk points for employers.
Discrimination claims do not require two years’ qualifying service. Compensation in successful claims is uncapped and can include awards for financial loss and injury to feelings. In practical terms, protected characteristics are not simply an HR concept. They are a core employment law and employment discrimination compliance issue affecting governance, culture and operational decision-making.
What this article is about:
This guide explains what protected characteristics mean under the Equality Act 2010, who is protected at work, the types of discrimination employers must avoid, when different treatment may be lawful and how organisations can reduce tribunal and reputational risk through structured compliance.
Section A: What Are Protected Characteristics?
Protected characteristics are specific personal attributes defined in the Equality Act 2010. The Act prohibits certain forms of conduct in relation to these characteristics in employment and other contexts. For employers, understanding the scope of each characteristic is essential to ensuring decisions are lawful and defensible.
1. Definition Under the Equality Act 2010
The Equality Act 2010 consolidates previous anti-discrimination legislation into a single statutory framework. It makes it unlawful to:
- Directly discriminate
- Indirectly discriminate
- Harass
- Victimise
- Fail to make reasonable adjustments (in disability cases)
The Act applies to employers of all sizes. It covers recruitment, terms and conditions, pay, training, promotion, disciplinary action, redundancy, dismissal and post-termination treatment.
Importantly, the Act does not prohibit general “unfairness”. It prohibits specific forms of discriminatory conduct connected to protected characteristics. Employers must therefore assess decisions through the lens of the statutory tests, not through broad notions of fairness.
2. The 9 Protected Characteristics
The Equality Act 2010 sets out nine protected characteristics:
Age
Protection applies to all age groups. It is unlawful to treat someone less favourably because of their age unless the treatment can be objectively justified. Read more about age discrimination.
Disability
A person is disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. Employers have additional duties in disability cases, including the duty to make reasonable adjustments. Read more about disability discrimination.
Gender reassignment
Protection applies where a person is proposing to undergo, is undergoing or has undergone a process to reassign their sex. Medical treatment is not required for protection. Read more about gender reassignment discrimination.
Marriage and civil partnership
In employment, this characteristic primarily protects against direct discrimination because someone is married or in a civil partnership. Read more about marriage and civil partnership discrimination.
Pregnancy and maternity
This protects against unfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave. The protection operates through a specific statutory framework rather than the ordinary comparator-based direct discrimination test. Read more about maternity discrimination.
Race
Includes colour, nationality and ethnic or national origins. An individual can belong to more than one racial group. Read more about racial discrimination at work.
Religion or belief
Covers religious and philosophical beliefs, as well as a lack of belief, provided the belief meets the statutory criteria developed through case law. Read more about religious discrimination.
Sex
Protects individuals from discrimination because they are male or female, including pay and workplace treatment.
Sexual orientation
Covers discrimination because someone is gay, lesbian, bisexual or heterosexual.
3. What Each Characteristic Means in Practice
Protected characteristics most commonly arise in:
- Recruitment decisions
- Promotion and progression
- Pay and bonus allocation
- Performance management
- Redundancy selection
- Dismissal decisions
- Workplace conduct and culture
For example, a seemingly neutral requirement for full-time working may disadvantage women statistically more than men due to childcare patterns, raising indirect sex discrimination risks. A rigid attendance policy may disadvantage disabled employees unless reasonable adjustments are considered. Comments about “young and dynamic teams” may expose an employer to age discrimination claims.
Each protected characteristic has its own legal nuances. Disability cases, for instance, involve additional statutory duties. Pregnancy and maternity claims follow a distinct legal route. Age discrimination is capable of objective justification in circumstances where other characteristics are not.
Employers must therefore move beyond simply knowing the list. They must understand how the characteristics operate within real workplace decisions.
Section A Summary:
Protected characteristics are defined by statute and form the foundation of UK discrimination law. Employers must understand both the list and the legal structure behind each characteristic. Compliance requires more than awareness. It requires legally informed decision-making at every stage of the employment relationship.
Section B: Who Is Protected at Work?
Understanding who is protected under the Equality Act 2010 is as important as understanding the characteristics themselves. Protection is not limited to permanent employees, nor does it begin only once employment has started. The statutory framework applies broadly and, in many cases, earlier than employers assume.
From a risk perspective, claims frequently arise not because employers misunderstand the list of characteristics, but because they misunderstand who falls within the scope of protection.
1. Employees, Workers and Job Applicants
The Equality Act 2010 protects individuals in a wide range of employment relationships. This includes:
- Employees under contracts of employment
- Workers and limb (b) workers
- Job applicants
- Apprentices
- Office holders in certain circumstances
- Former employees (in relation to post-termination conduct, such as references)
Protection begins at the recruitment stage. Job advertisements, selection criteria, interview questions and shortlisting decisions must all comply with the Act. A discriminatory rejection at interview can give rise to a tribunal claim even though the individual was never employed.
The Act also applies throughout the employment lifecycle. This includes:
- Terms and conditions of employment
- Pay and benefits
- Access to training
- Promotion decisions
- Performance management
- Disciplinary action
- Redundancy selection
- Dismissal
Importantly, discrimination claims do not require two years’ qualifying service. An employee dismissed after a few weeks can still bring a claim if the dismissal is discriminatory. Where claims proceed, they are heard in the employment tribunal.
Post-employment conduct is also covered. For example, providing a discriminatory reference or refusing to provide a reference because of a protected act may give rise to liability.
2. Protection by Association and Perception
Protection under the Equality Act extends beyond individuals who personally possess a protected characteristic.
Discrimination by association occurs where someone is treated less favourably because of their association with a person who has a protected characteristic. For example:
- Refusing promotion because an employee has a disabled child
- Excluding someone socially because their partner is of a particular race
Discrimination by perception arises where an employer treats someone less favourably because they believe the individual has a protected characteristic, even if that belief is incorrect. For example:
- Rejecting an applicant because they are perceived to be of a particular religion
- Treating an employee differently because they are assumed to be gay
These principles apply most clearly in direct discrimination cases. Employers must therefore ensure that assumptions and stereotypes do not influence decision-making.
3. Victimisation and Protected Acts
The Act also protects individuals from victimisation. This occurs where a person is subjected to a detriment because they have carried out a “protected act”. Read more about victimisation at work.
A protected act includes:
- Bringing discrimination proceedings
- Giving evidence or information in connection with proceedings
- Making allegations of discrimination
- Doing anything else for the purposes of the Equality Act
The individual does not need to prove the original discrimination claim to succeed in a victimisation claim. What matters is whether they carried out a protected act and were treated unfavourably because of it.
From a governance perspective, retaliation risk is one of the most common drivers of tribunal liability. Employers must ensure that individuals who raise concerns are not subsequently disadvantaged in performance reviews, promotion opportunities or day-to-day treatment.
4. Technical Limitations and Structural Differences
While the nine characteristics are listed together in the statute, they do not all operate identically.
For example:
- Marriage and civil partnership protection in employment primarily operates through direct discrimination and victimisation. It does not extend to indirect discrimination or harassment claims.
- Pregnancy and maternity protection follows a specific statutory model. It prohibits unfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave and does not require a comparator.
- Age discrimination can be objectively justified in certain circumstances, whereas direct discrimination based on most other characteristics cannot be justified.
These structural differences are legally significant. Employers should avoid assuming that each characteristic carries identical legal tests.
Section B Summary:
Protection under the Equality Act 2010 extends widely. It applies to applicants, employees, workers and, in some cases, former employees. It also covers treatment based on association, perception and retaliation for raising concerns. Employers must understand both who is protected and how different characteristics operate in practice to manage legal exposure effectively.
Section C: What Counts as Unlawful Discrimination?
Knowing the list of protected characteristics is only the starting point. The legal risk for employers arises from specific forms of prohibited conduct defined in the Equality Act 2010. Each form of discrimination has its own statutory test and evidential framework.
Employers must assess workplace decisions against these legal definitions, not against general ideas of fairness or intention. Conduct can be unlawful even where there was no discriminatory motive.
1. Direct Discrimination
Direct discrimination occurs where an employer treats a person less favourably because of a protected characteristic.
The legal test requires a comparison, either with an actual comparator or a hypothetical one. The question is whether the individual has been treated worse than someone without that characteristic would have been treated in materially similar circumstances.
Examples include:
- Refusing to recruit someone because of their race
- Dismissing an employee because they are pregnant
- Paying a woman less than a man for the same role because of her sex
- Rejecting a candidate because they are perceived to be of a particular religion
In most cases, direct discrimination cannot be justified. The main exception is age discrimination, which may be lawful if the employer can demonstrate that the treatment is a proportionate means of achieving a legitimate aim.
Direct discrimination also covers discrimination by association and by perception, as explained in Section B.
2. Indirect Discrimination
Indirect discrimination arises where an employer applies a provision, criterion or practice that applies to everyone, but which puts people who share a protected characteristic at a particular disadvantage compared with others.
Unlike direct discrimination, indirect discrimination can be lawful if the employer can demonstrate objective justification. This requires showing that the provision, criterion or practice is:
- Pursuing a legitimate aim, and
- A proportionate means of achieving that aim
The proportionality test requires evidence. Employers must show that the measure is reasonably necessary and that less discriminatory alternatives were considered.
Common workplace examples include:
- Requiring full-time working where this disadvantages women due to childcare patterns
- Imposing rigid attendance policies that disadvantage disabled employees
- Requiring specific years of UK experience that disadvantage certain racial groups
Indirect discrimination claims frequently arise from policies that were introduced for operational reasons but were not equality impact assessed.
3. Harassment and Sexual Harassment
Harassment occurs where a person engages in unwanted conduct related to a protected characteristic and the conduct has the purpose or effect of:
- Violating the individual’s dignity, or
- Creating an intimidating, hostile, degrading, humiliating or offensive environment
The effect of the conduct is assessed by considering the perception of the individual, the other circumstances of the case and whether it is reasonable for the conduct to have that effect.
Harassment does not require a comparator. A single serious incident may be sufficient. Employers are often exposed to liability through workplace harassment or sexual harassment carried out by managers or colleagues in the course of employment.
Even where conduct is not intended to offend, liability can arise if the statutory test is satisfied.
4. Victimisation
Victimisation occurs where a person is subjected to a detriment because they have carried out a protected act, such as making or supporting a discrimination complaint. Read more about victimisation at work.
There is no requirement for the original complaint to succeed. The key question is whether the unfavourable treatment was because of the protected act. However, protection does not apply where allegations are made in bad faith.
Examples include:
- Refusing promotion because an employee raised a grievance
- Reducing responsibilities after an individual gave evidence in tribunal proceedings
- Excluding someone from opportunities because they supported a colleague’s complaint
Victimisation claims are common because they often arise from managerial frustration following complaints. Employers must ensure that complaint-handling processes are insulated from retaliatory decision-making.
5. Disability-Specific Duties
Disability discrimination operates slightly differently from other characteristics because it imposes additional statutory duties on employers.
a. Reasonable Adjustments
Where a provision, criterion or practice, physical feature, or lack of auxiliary aid places a disabled person at a substantial disadvantage, the employer has a duty to take reasonable steps to avoid that disadvantage. Read more about reasonable adjustments and reasonable adjustments examples.
The duty arises where the employer knows or ought reasonably to know of the disability and the disadvantage. Failure to comply with this duty is a standalone form of unlawful discrimination, often referred to as failure to make reasonable adjustments.
Reasonableness depends on factors such as:
- The size and resources of the employer
- The practicality of the adjustment
- The cost involved
- The effectiveness of the adjustment
b. Discrimination Arising from Disability
An employer must not treat a disabled person unfavourably because of something arising in consequence of their disability, unless the treatment can be objectively justified.
This form of discrimination applies where the employer knew or ought reasonably to have known of the disability.
This often arises in attendance management and capability dismissals, where absence or performance concerns are linked to an underlying condition.
Employers must therefore separate conduct from its cause and assess whether disability-related factors are engaged.
Section C Summary:
Unlawful discrimination takes several distinct legal forms: direct discrimination, indirect discrimination, harassment, victimisation and disability-specific breaches. Each carries its own statutory test. Employers must evaluate decisions against these defined frameworks rather than relying on subjective assessments of fairness or intention.
Section D: When Can Discrimination Be Lawful?
While the Equality Act 2010 sets clear limits on discriminatory conduct, it also recognises that not all differential treatment is automatically unlawful. In certain defined circumstances, employers may be able to justify treatment that would otherwise amount to discrimination.
These exceptions are narrow and evidence-driven. Employers should approach them cautiously and only rely on them where the statutory criteria can be clearly satisfied.
1. Occupational Requirements
In limited situations, having a particular protected characteristic may be an occupational requirement for a role.
To rely on this exception, the employer must demonstrate that:
- The requirement is crucial to the nature or context of the work
- The application of the requirement is proportionate
- The person to whom the requirement is applied does not meet it
The requirement must relate to the core duties of the job, not to convenience, assumptions or customer preference. Customer preference alone will not justify an occupational requirement.
Examples may include:
- Recruiting a female support worker in a women’s refuge where privacy and dignity are central to the service
- Requiring a chaplain of a specific faith for a religious institution
The occupational requirement defence is interpreted strictly by tribunals. Employers must show that no less discriminatory alternative was available.
2. Objective Justification in Indirect Discrimination
Indirect discrimination may be lawful if the employer can show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.
This requires two elements:
Legitimate aim
The aim must be genuine and not discriminatory in itself. Examples may include operational efficiency, health and safety, maintaining standards or ensuring business continuity.
Proportionate means
The measure must be reasonably necessary. The employer must demonstrate that:
- The aim is sufficiently important
- The discriminatory impact is outweighed by the importance of the aim
- Less discriminatory alternatives were considered and rejected for sound reasons
A bare assertion of business need is insufficient. Employers should document their reasoning and decision-making process.
3. Age Discrimination and Justification
Age is unique among the protected characteristics because both direct and indirect age discrimination can, in principle, be objectively justified.
However, harassment and victimisation on grounds of age cannot be justified.
Justification may arise in contexts such as:
- Length of service benefits
- Experience-based criteria
- Age-related workforce planning decisions, subject to proportionality
The burden remains on the employer to demonstrate that the treatment is proportionate and pursues a legitimate aim. Age-based assumptions or stereotypes will not satisfy this test.
4. Positive Action
The Equality Act permits positive action in certain defined circumstances.
Positive action allows employers to take proportionate steps to:
- Address disadvantage experienced by people who share a protected characteristic
- Meet specific needs of such individuals
- Increase participation where a group is underrepresented
This may include targeted training programmes or outreach initiatives.
In recruitment and promotion situations involving equally qualified candidates, an employer may select a candidate from an underrepresented group, provided:
- The candidates are genuinely of equal merit
- The decision is proportionate
- There is no automatic policy of preference
- The decision is made on a case-by-case basis
Positive action must not become positive discrimination. Automatically preferring a candidate solely because of a protected characteristic, without satisfying statutory conditions, is likely to be unlawful.
5. Genuine Material Factor in Equal Pay
Equal pay claims are governed by specific provisions within the Equality Act 2010. In such cases, an employer may defend differences in pay by demonstrating a genuine material factor that is not tainted by sex discrimination.
This factor must:
- Be real and significant
- Not directly discriminatory
- Be objectively justified if it has a disparate impact
This defence often arises in bonus structures, geographical pay differentials or market-based salary decisions. Employers should ensure pay structures are transparent and capable of evidential support.
Section D Summary:
Discrimination can only be lawful in tightly defined circumstances. Occupational requirements, objective justification, age-specific justification and positive action are structured statutory exceptions. Employers relying on them must be able to demonstrate proportionality, legitimacy and evidence-based reasoning.
Section E: Employer Duties and Liability
Understanding protected characteristics is only part of compliance. The real exposure for employers arises through liability mechanisms under the Equality Act 2010 and how tribunals assess organisational conduct.
Discrimination claims are frequently lost not because an employer intended to discriminate, but because it failed to implement structured preventative measures or could not evidence objective reasoning.
1. Vicarious Liability for Employee Conduct
Employers are vicariously liable for discriminatory acts carried out by their employees in the course of employment.
This means an employer may be legally responsible even if:
- Senior management was unaware of the conduct
- The conduct breached internal policies
- The employer did not approve the behaviour
Workplace misconduct, including workplace harassment or sexual harassment, can therefore expose the organisation to liability if carried out in the course of employment.
The only statutory defence available is the “reasonable steps” defence. To rely on this, the employer must show that it took all reasonable steps to prevent the discriminatory conduct from occurring.
This is a high threshold. A policy document alone is rarely sufficient.
2. What “Reasonable Steps” Looks Like in Practice
Tribunals examine what the employer actually did to prevent discrimination, not what it intended to do.
Reasonable steps typically include:
- Clear, up-to-date anti-discrimination and dignity at work policies
- Regular and meaningful equality training
- Defined reporting mechanisms
- Prompt and impartial investigations
- Consistent disciplinary enforcement
- Monitoring of workplace culture and risk areas
Training must be effective and refreshed. Stale, one-off training delivered years earlier is unlikely to satisfy the defence if discrimination occurs.
Senior leadership engagement also matters. Where managers model inclusive behaviour and enforce standards consistently, organisations are better placed to demonstrate compliance.
3. High-Risk Employment Decision Points
Certain employment decisions are particularly high-risk from a discrimination perspective:
Recruitment
Job advertisements, selection criteria, interview questioning and shortlisting must be objectively justified and consistently applied.
Pay and Reward
Unequal pay structures, discretionary bonuses and opaque salary decisions often trigger claims.
Promotion and Career Progression
Subjective assessments and informal decision-making can expose employers to allegations of bias.
Performance Management and Discipline
Failure to consider disability-related factors, pregnancy-related absence or inconsistent treatment can create legal risk.
Redundancy and Dismissal
Selection criteria must be objective and applied consistently. Dismissals connected to protected characteristics are particularly vulnerable to challenge in the employment tribunal.
Employers should treat these decision points as compliance checkpoints requiring documented reasoning.
4. Tribunal Claims and Remedies
Discrimination claims do not require a minimum period of service. Individuals can bring claims from day one of employment, and job applicants can claim even without being employed.
Successful claims may result in:
- Compensation for financial losses
- Compensation for injury to feelings
- Aggravated damages in certain cases
- Recommendations for workplace changes
There is no statutory cap on compensation in discrimination claims.
Tribunals also consider whether employers followed fair procedures. Failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures can result in an uplift of up to 25% in compensation where appropriate.
Beyond financial exposure, reputational damage and internal morale impact can be significant.
Section E Summary:
Employers are legally responsible for discriminatory acts committed in the course of employment unless they can demonstrate that they took all reasonable steps to prevent them. Robust governance, current training and evidence-based decision-making are central to limiting liability and protecting organisational reputation.
Section F: Handling Discrimination Complaints
Even in well-governed organisations, complaints will arise. How an employer responds to allegations of discrimination is often as legally significant as the underlying conduct itself.
A structured, impartial and well-documented response reduces tribunal risk and demonstrates that the organisation takes equality obligations seriously.
1. Statutory Framework and Procedural Expectations
Employers are required to provide employees with written particulars of employment that include information about disciplinary rules and grievance procedures. In practice, this means organisations should have accessible grievance and disciplinary processes in place.
Although the ACAS Code of Practice on Disciplinary and Grievance Procedures is not legislation, tribunals take it into account when assessing fairness. Failure to follow the Code may result in an uplift of up to 25% in compensation where relevant.
Procedural fairness is therefore not simply best practice. It carries financial consequences.
2. Encouraging Early Reporting
Employees must feel able to raise concerns without fear of retaliation. A culture where complaints are discouraged, trivialised or informally suppressed increases legal exposure.
Employers should:
- Make reporting routes clear and accessible
- Provide more than one reporting channel where possible
- Train managers to respond appropriately to informal concerns
- Reinforce non-retaliation principles
Early intervention can prevent escalation and limit harm.
3. Acknowledging and Investigating Complaints
When a complaint is received, the employer should:
- Acknowledge it promptly
- Clarify the issues raised
- Confirm the next steps and expected timescales
Investigations should be:
- Conducted by an impartial individual
- Proportionate to the seriousness of the allegation
- Based on evidence gathering, including witness accounts and documentation
- Confidential, so far as reasonably practicable
Documentation is critical. Tribunals assess not only what decision was reached, but how it was reached.
4. Interim Measures
In some cases, interim steps may be necessary to protect individuals while the investigation is ongoing. These may include:
- Temporary changes in reporting lines
- Adjustments to working arrangements
- Suspension where appropriate and proportionate
Any interim action must itself be non-discriminatory and justified.
5. Reaching and Communicating a Decision
After reviewing the evidence, the employer should:
- Make findings based on the balance of probabilities
- Explain the reasoning clearly
- Set out any action to be taken
Where discrimination is substantiated, disciplinary action may follow. Where it is not substantiated, employers should still consider whether cultural or policy improvements are required.
Both the complainant and the subject of the complaint should be informed of the outcome, subject to data protection and confidentiality considerations.
6. Avoiding Victimisation
One of the most common follow-on claims arises from alleged retaliation. Employers must ensure that individuals who raise concerns are not subjected to victimisation at work.
Managers must ensure that individuals who raise concerns are not:
- Excluded from opportunities
- Subjected to heightened scrutiny
- Treated differently in performance assessments
- Marginalised within teams
Post-complaint monitoring may be appropriate to ensure working relationships remain professional and lawful.
Section F Summary:
Handling discrimination complaints requires procedural fairness, impartial investigation and careful documentation. Employers that respond promptly, transparently and without retaliation reduce both legal exposure and cultural harm.
FAQs
What are protected characteristics under the Equality Act 2010?
Protected characteristics are specific personal attributes defined by the Equality Act 2010. It is unlawful to discriminate, harass or victimise someone because of one of these characteristics in employment and other regulated contexts.
The nine protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Are job applicants protected from discrimination?
Yes. Protection begins at the recruitment stage. Employers must ensure that job advertisements, selection criteria, interviews and hiring decisions comply with the Equality Act 2010. A rejected applicant can bring a claim even if they were never employed.
Do employees need two years’ service to claim discrimination?
No. There is no qualifying service requirement for discrimination claims. Individuals can bring claims from day one of employment. Applicants and, in some cases, former employees are also protected.
What is the difference between direct and indirect discrimination?
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic.
Indirect discrimination happens when a provision, criterion or practice applies to everyone but disproportionately disadvantages people who share a protected characteristic, and the employer cannot objectively justify the measure.
Can discrimination ever be lawful?
In limited circumstances, differential treatment may be lawful. Examples include occupational requirements, objectively justified indirect discrimination, justified age-based treatment and lawful positive action.
These exceptions are narrowly interpreted and require clear evidence.
What is positive action?
Positive action allows employers to take proportionate steps to address disadvantage or underrepresentation affecting people who share a protected characteristic.
In certain circumstances, where candidates are genuinely equally qualified, an employer may lawfully select a candidate from an underrepresented group, provided the decision is proportionate and not automatic.
What are reasonable adjustments?
Reasonable adjustments are steps an employer must take to remove substantial disadvantages experienced by disabled employees. This may include adjustments to working hours, equipment, policies or physical premises. See further guidance on reasonable adjustments.
Failure to make reasonable adjustments is a standalone form of unlawful discrimination.
What is victimisation?
Victimisation occurs where someone is treated unfavourably because they have made or supported a complaint of discrimination, or otherwise carried out a protected act under the Equality Act 2010.
The original complaint does not need to succeed for a victimisation claim to arise, provided it was not made in bad faith.
What compensation can be awarded in discrimination claims?
Compensation may include financial loss, injury to feelings and, in some cases, aggravated damages. There is no statutory cap on compensation in discrimination cases.
Claims are brought in the employment tribunal, and tribunals may adjust awards where employers fail to follow the ACAS Code of Practice.
Conclusion
Protected characteristics are not simply a statutory list within the Equality Act 2010. They define the legal framework governing recruitment, management decisions, workplace conduct and dismissal.
For employers, compliance requires more than awareness of terminology. It requires:
- Evidence-based and documented decision-making
- Clear and up-to-date anti-discrimination policies
- Effective and refreshed equality training
- Structured grievance and investigation procedures
- Senior-level oversight of workplace culture and risk areas
Discrimination claims arise without qualifying service requirements and compensation is uncapped. The financial, operational and reputational consequences can be significant.
Organisations that integrate equality compliance into everyday governance reduce tribunal exposure and build more resilient, inclusive workplaces.
Glossary
| Direct Discrimination | Less favourable treatment because of a protected characteristic. |
| Indirect Discrimination | A provision, criterion or practice that disadvantages people with a protected characteristic and cannot be objectively justified. |
| Harassment | Unwanted conduct related to a protected characteristic that violates dignity or creates an offensive environment. |
| Victimisation | Unfavourable treatment because someone has carried out a protected act under the Equality Act 2010. |
| Protected Characteristics | The nine characteristics safeguarded under the Equality Act 2010. |
| Reasonable Adjustments | Steps employers must take to remove substantial disadvantage experienced by disabled individuals. |
| Occupational Requirement | A limited statutory exception where a protected characteristic is essential to the role. |
| Objective Justification | A defence requiring a legitimate aim and proportionate means. |
| Positive Action | Lawful steps to address disadvantage or underrepresentation affecting people who share a protected characteristic. |
| Vicarious Liability | Employer liability for discriminatory acts committed by employees in the course of employment. |
Useful Links
| Equality Act 2010 | https://www.legislation.gov.uk/ukpga/2010/15/contents |
| EHRC Employment Code of Practice | https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice |
| ACAS – Discrimination at Work | https://www.acas.org.uk/discrimination-and-the-law |
| GOV.UK – Equality Act Guidance | https://www.gov.uk/guidance/equality-act-2010-guidance |
