The Equality Act provides protection against unlawful discrimination based on the following ‘protected characteristics’:
Sex
Protects women and men against gender related discrimination.
Race
The definition refers to colour, nationality and ethnic or national origins. Ethnic origin can incorporate religions that have a common culture, identity, language, and history – Rastafarianism for example.
Disability
A disability is defined as a physical or mental impairment with a substantial and long-term adverse effect on day-to-day activities. Long-term means conditions lasting or likely to last more than 12 months, and includes past, progressive, or recurring conditions.
Certain conditions, such as cancer, multiple sclerosis, and HIV, are covered under the Equality Act from the point of diagnosis, regardless of symptom severity. Exclusions include alcohol and drug addiction.
Any other mental or physical impairment will be covered where there is a substantial adverse impact on the ability to carry out normal day-to-day activities that lasts, or is likely to last, 12 months or more.
Occupational health professionals may give an opinion on whether an employee is likely to be covered, but only a court or tribunal can make a definitive determination.
Age
Reference to people’s age group, or a range of ages.
Religion and belief
The definition includes lack of belief (atheism), but not political belief. For a philosophical belief to be covered it must be genuinely held, concern a weighty and substantial aspect of human life or behaviour, attain a certain level of cogency, seriousness and importance, and be compatible with human dignity.
Pregnancy and maternity
This protects women during pregnancy and maternity leave.
Sexual orientation
Protects heterosexual people, gay men, lesbians, and bisexual people.
Marriage and civil partnership
Unmarried and single people are not covered.
Gender reassignment
Protects those who are proposing to undergo, are undergoing, or have undergone a legal change of gender.
This advice summarises the protection against unlawful discrimination under the Equality Act 2010, and explains the different types of discrimination. Information about equal pay and the public sector equality duty is also provided, along with details of the support available from our Employment Relations Team to salaried members with concerns about discrimination at work.