The nine protected characteristics

The Equality Act 2010 protects:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race
  7. Religion or belief
  8. Sex
  9. Sexual orientation

Types of discrimination

  • Direct — less favourable treatment because of a protected characteristic.
  • Indirect — a policy or practice that applies to everyone but puts people sharing a protected characteristic at a particular disadvantage (and is not objectively justified).
  • Discrimination by association — being treated worse because of someone else's protected characteristic (e.g. you're a carer for a disabled relative).
  • Discrimination by perception — being treated worse because of an assumed (even wrongly) protected characteristic.
  • Harassment — unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating environment.
  • Victimisation — being treated worse because you complained about discrimination or supported someone who did.

What to do

Keep a contemporaneous diary — dates, times, witnesses, exact words. Raise it informally first if safe, then formally via a grievance. Tribunal time limit: 3 months less one day from the act (or the last in a series of acts), starting ACAS Early Conciliation first.

Reasonable adjustments

If you are disabled, the employer has a positive duty to make reasonable adjustments. Failure to do so is itself unlawful disability discrimination.