What are protected characteristics? The nine under the Equality Act

Protected characteristics are the grounds on which the law prohibits unfair treatment. Section 4 of the Equality Act 2010 lists nine.

What are the nine protected characteristics in the Equality Act?

They are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race, which includes colour, nationality and ethnic or national origins
• religion or belief, including lack of belief
• sex
• sexual orientation

Not every characteristic is protected in every setting. For example, protection against discrimination because of marriage or civil partnership applies in employment, but not in the provisions covering education providers. Age is protected for FE and HE students, but is treated differently in some other contexts. Check the part of the Act that applies to your situation.

How do protected characteristics apply in FE and apprenticeships?

Colleges and training providers must not discriminate against learners on any of the characteristics that apply to education. Employers must not discriminate against apprentices, including on marriage and civil partnership. Pregnancy and maternity matters in practice: an apprentice who becomes pregnant, or a learner who needs to attend appointments, should be treated fairly and flexibly.

Disability is the characteristic most relevant to learner support because it brings the duty to make reasonable adjustments. The public sector equality duty also asks public bodies, including colleges, to consider equality across all of the characteristics in their policies and decisions.

What is a common misconception about protected characteristics?

People often assume that being “protected” means preferential treatment. It does not. It means that you cannot be treated worse because of the characteristic, and for disability that reasonable adjustments must be made. Another misconception concerns data. Information about several protected characteristics, such as race, religion, sexual orientation and health, is also special category data under UK GDPR, which needs extra care when recording it. The two lists are not identical, so do not assume they match.

A third misconception is that SEND is a protected characteristic. It is not, though it often overlaps with disability.

Where can you find the official source?

Section 4 of the Equality Act 2010 lists the characteristics and the Act’s other sections explain where each applies. The Equality and Human Rights Commission publishes plain-English guidance on each. For specific cases, take professional advice, because the detail of protection differs between sections of the Act.