Protected characteristics

The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct relating to certain listed characteristics which people may possess. Some protections relate specifically to only one of those characteristics.

This topic provides information on the characteristics that are protected under EqA 2010, s 4. It also considers trans and other gender issues.

Age

EqA 2010, s 5 provides that, in relation to the protected characteristic of age:

  1. any reference in EqA 2010 to a person who has a particular protected characteristic means a person of a particular age group

  2. a reference to persons who share a protected characteristic means persons of the same age group

  3. a reference to an age group means a group of persons:

    1. who are all of a particular age

    2. who all fall within a particular range of ages

While the most common forms of age discrimination will typically adversely affect those who are older, the protection applies in relation to inequality of treatment with regard to any age. Hence the possibility of discrimination against the young should

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Latest Employment News

Employment weekly highlights—5 June 2025

This edition of Employment weekly highlights includes: (1) an analysis of the recent immigration White Paper by Ben Maitland of Vanessa Ganguin Immigration Law, (2) an analysis of reforms to reduce discrimination in the Local Government Pension Scheme by David Gallagher and Daniel Fowler at Fieldfisher, (3) an EAT decision that a claimant’s aversion to wearing a mask lacked the necessary cogency, seriousness, and cohesion to qualify as a protected philosophical belief, (4) an ET decision that a teacher’s dismissal was not the result of her whistleblowing over the school’s policy on trans children, (5) an analysis of a Court of Appeal decision that UK gender recognition certificates do not allow gender to be recorded as non-binary by Harini Iyengar at 11KBW, (6) a report from the Institute for Public Policy Research on the challenges surrounding surveillance in the workplace, (7) the publication of the latest UK Stewardship Code by the Financial Reporting Council, (8) new guidance and legislation on amendments to non-disclosure agreements (NDAs) under the Victims and Prisoners Act 2024, (9) a successful appeal to the EAT against a ‘gisting order’ in an unfair dismissal claim amid national security concerns, (10) two new Practice Notes on providing toilet, washing and changing facilities in the workplace following the Supreme Court decision in For Women Scotland v Scottish Ministers, and on the right to disconnect produced in partnership with Rosie Moore and Simon Swaine of Lewis Silkin, (11) dates for your diary, and (12) other news items of interest to employment practitioners.

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