Protected Characteristics
What are protected characteristics?
Immutable qualities that we all have and that cannot be altered are the kinds of attributes that are traditionally preserved. We are fortunate to live in a culture in which human dignity is accorded to everyone, regardless of who they are and where they are from. Because we are all humans, we share some features, like reasoning and intelligence and it is these similarities that allow us to be treated with respect and dignity. Protected characteristics are certain traits of the individual that are exempt from discrimination under the Equality Act 2010.
What is the purpose of the Equality Act 2010?
The goal of the legal protection is to prevent unfair treatment or disadvantage of people in a variety of areas of life, including work, education, housing, and access to products and services. Societies work to promote equality, diversity, and inclusion for all people regardless of their innate features by recognising and protecting these attributes.
How many protected characteristics are there?
Despite the fact that these characteristics differ from one culture to the next, they often contain elements like age, disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Sex
The term "sex" refers to either a man or a female, regardless of their age. For the purposes of demonstrating sex discrimination, an individual of the opposite sex may serve as a comparator (for an explanation of the term "comparator," see the section below under "direct discrimination"). For the sake of these discussions, the concept of "sex" does not encompass reassigned or preferred genders, nor does it include sexual orientation.
Marital or civil partnership status
A person is considered to have marital or civil partnership status if their marriage is officially acknowledged in the United Kingdom. A person whose civil partnership is recognised under the Civil Partnership Act of 2004, as registered with the government. Even if a person was previously married or in a civil partnership, the status of being unmarried or single is not protected. This is the case even if the individual has never been married. Intentions to wed or join into a civil partnership do not, on their own, give any kind of legal protection.
Race
The concept of race discrimination encompasses not just skin tone but also nationality and any ethnic or national roots. A racial group is comprised of individuals who are of the same colour, nationality, and/or ethnic or national origins (such as people of the United Kingdom, people of African descent who live in the United Kingdom, or people of South Asian descent in the United Kingdom). Nationality refers to the legal connection that exists between a person and a state as a result of being born in that state or being a naturalised citizen of that state. National origins, on the other hand, must contain aspects that are recognisable, both historically and geographically. For instance, the Scots and the English have a common ancestry but distinct national origins. Have a look at our race discrimination claim template.
Ethnic origin
The term "ethnic origin" refers to an ethnic group that has been designated by the legal system. Because of specific features, such as a lengthy history that they have in common and a cultural legacy that is uniquely theirs, the ethnic group must see itself as a distinct and independent community, and it must also be viewed in this manner by others. Among other things, a shared linguistic and literary tradition, religious and/or cultural background, and/or geographical origin may be present. Courts have ruled that several ethnic groups, including Sikhs, Jews, Roma, Irish Travellers, Scottish Gypsies, and Scottish Travellers, are entitled to legal protection as distinct and distinct ethnic groupings.
Gender reassignment
People who are planning to undertake, are now undergoing, or have previously completed a procedure (or part of a process) to reassign their sex by altering physiological or other characteristics of sex are referred to as having had gender reassignment. It is not required for an individual to go through a medical procedure in order for them to be protected; moreover, a someone who begins the process but quits partway through is equally protected. A person who 'cross-dresses' for the purpose of expressing their gender identification is likewise protected under this law.
Religion or belief
Any religion, any religious or philosophical belief, or the absence of any such religion or belief may be included under the umbrella term "religion or belief." A well-defined hierarchy and set of core beliefs are prerequisites for a religion to be accorded legal protection. Under the Equality Act of 2010, a religion may be comprised of many sects or denominations in order to qualify as a religion.
A person's way of life must be affected by their beliefs, and those beliefs must:
be genuinely held;
not merely be an opinion based on the state of information available;
be 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 be incompatible with human dignity and not conflict with the fundamental rights of others.
It has been determined that humanism, agnosticism, and ethical vegetarianism all qualify as protectable philosophical ideas.
Sexual orientation
A person's sexual orientation may be described as their preference for engaging in sexual activity with people of the same sex, the opposing sex, or with people of either sex. Protection may be given to individuals with regard to their outward appearance, the locations they frequent, and the persons they keep company with.
Pregnancy and Maternity
Regarding pregnancy and maternity, the Equality Act of 2010 protects a woman from being treated unfavourably because of her pregnancy or a related disease, or because she is exercising, has exercised, or has tried to exercise her right to maternity leave. Additionally, the act protects a woman from being discriminated against because she is exercising, has exercised, or has sought to exercise her right to maternity leave. The maternity discrimination protection continues from the moment the woman discovers she is pregnant until either the moment she goes back to work or the moment she reaches the end of her maternity leave, whichever comes first. If the unfavourable treatment she received because she was pregnant continued beyond the end of the protected period, it would be considered discrimination based on sex.
Age
A person's age is often described in relation to their age group, which may include individuals of the same age or a range of ages. They might be either broad (such as "people under the age of 50") or rather specific (such as "people born in the year 2000"), and the meaning can change depending on the context. A person from any other age group outside the one being compared to might serve as a comparator.
Disability
The following characteristics of a disabled individual are used to define disability under the Equality Act of 2010: "A person (P) is considered to have a disability if..."
P has a physical or mental disability, and
the impairment has a significant and long-term unfavourable effect on P's ability to engage in routine activities on a day-to-day basis."
According to this definition, an impairment is considered "long term" if it has persisted for at least 12 months (a year) or if it is expected to continue for the remainder of the person's life, whichever comes first. People who once met the criteria for this definition of disability continue to be protected even after the impairment no longer applies to them. Cancer, HIV infection, and multiple sclerosis are examples of disorders that are considered impairments as soon as the diagnosis is made, as are progressive conditions that become worse over time in certain situations. Have a look at the disability discrimination claim template.
