What is a Protected Characteristic?

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The law does not allow an employer (or their staff) to treat someone less favourably because of a ‘protected characteristic‘.

There are 9 protected characteristics. These are set out in the Equality Act 2010.

1.  Age

This refers to a person belonging to a particular age (e.g. 32-year-olds) or range of ages (e.g. 18 – 30-year-olds, over 65, etc).

2. Disability

A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.

3.  Gender reassignment

The process of transitioning from one gender to another.

4. Marriage and civil partnership

An employer should not treat people less favourably based on their marital status or whether they’re in a civil partnership.

5. Pregnancy and maternity

This covers the full term of pregnancy and the period after the birth.

6. Race

This means a group of people defined by their race, colour,  nationality, ethnicity or national origins.

7. Religion and belief

Religion has the meaning usually given to it. Belief includes religious and philosophical beliefs, including lack of belief (e.g. atheism)

8.         Sex

Whether an employee is a man or a woman.

9.         Sexual orientation

Whether a person’s sexual attraction is towards their own sex, the opposite sex or to both sexes.

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Andrew Crisp

Andrew Crisp is the Principal Solicitor at Mason Bullock Solicitors, specialising in employment law with a focus on settlement agreements. With over 20 years’ experience, Andrew offers clear, independent advice to employees across England and Wales—always aiming to deliver peace of mind without extra cost to the client. He has been featured on BBC Radio and has contributed to discussions on legal topics in the media.