UK Employment Insights: Grounds for Discrimination Under the Equality Act 2010

Amelia Bunce, Trainee Solicitor

Amelia has been supporting John Randle in the family team, dealing with all aspects of family law, specialising in high-net-worth divorces. She also works on contentious and non-contentious employment matters, and personal injury claims – including those arising in connection with historic child abuse.

What is the Equality Act 2010?

The Equality Act 2010 (the ‘Act’) was introduced in the United Kingdom to simplify and strengthen existing discrimination laws. It replaced a patchwork of legislation, including the Disability Discrimination Act, and brought all the protections into one single framework.

The Act offers protection from direct and indirect discrimination, harassment, and victimisation across a wide range of settings, including workplaces, education, public services (such as hospitals, shops, and restaurants), associations, and public transport.

To bring a claim under the Act, a person must have experienced discrimination based on one of the protected characteristics listed below.

The Protected Characteristics

1. Age

This covers people of a specific age or within a specific age range. For example, an employer may discriminate against a candidate for being too young or too old for a role.

2. Disability

Protection from disability discrimination is a more complex area of law.

In short, an employer cannot discriminate against someone because of a disability. A person is considered disabled under the Act if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Disability discrimination can also occur if an employer or public body fails to make reasonable adjustments, as required under section 20 of the Act.

3. Race

Race discrimination includes protection based on colour, nationality (e.g. British), or ethnic or national origins (for example, people of Chinese heritage).

4. Religion or belief

The Act protects people from discrimination based on religion or belief – or a lack thereof. This includes both religious beliefs (such as Christianity, Islam, Judaism, Buddhism, and other recognised religions) and philosophical beliefs.

To qualify as a philosophical belief, the belief must:

• Be genuinely held & not simply be an opinion or viewpoint;
• Concern a weighty and substantial aspect of human life and behaviour;
• Be serious, cohesive, and important;
• Be worthy of respect in a democratic society; and
• Not conflict with the fundamental rights of others.

5. Sex

This characteristic relates to being either male or female. A person may rely on this protection if they believe they are being treated unfairly at work due to their sex.

Please note: Following the Supreme Court decision in Women Scotland v The Scottish Ministers, transgender individuals are considered to be the sex they were assigned at birth for the purposes of the Equality Act, even if they have obtained a gender recognition certificate.

A person may also be indirectly discriminated against due to sex. For example, if a company has a policy of not allowing flexible working, and a parent’s request for such an arrangement is refused, this may disproportionately affect one sex and potentially amount to indirect discrimination. This is a legally complex area, and professional advice should always be sought.

6. Sexual orientation

People are protected under the Act regardless of whether they are heterosexual, homosexual, or bisexual. For instance, an employer cannot discriminate against an employee because they are gay.

7. Gender reassignment

This refers to the process of transitioning from one gender to another. Protection under the Act applies to individuals who are proposing to undergo, are undergoing, or have undergone gender reassignment.

8. Marriage/civil partnership

This characteristic protects individuals in both same-sex and opposite-sex marriages and civil partnerships. It is unlawful to discriminate against someone because of their marital or partnership status – for example, if only single employees are promoted due to assumptions about availability or commitment.

9. Pregnancy/maternity

Individuals are protected from unfavourable treatment because of pregnancy, maternity leave, or pregnancy-related illness. This can include:

• Demotion;
• Loss of bonuses or benefits while on leave;
• Being passed over for a role because of pregnancy or maternity leave.

There are also enhanced protections from redundancy during pregnancy, maternity leave, and shortly after returning to work.

Discrimination Claims: What You Need to Know

Discrimination claims are often technical and challenging. The burden is on the Claimant to show:

• That the discrimination related to a protected characteristic, and
• That they were treated less favourably or unfavourably as a result.

The Respondent (or Defendant) may be able to raise a defence – for example, that the treatment was justified as a business necessity. Ultimately, each case will be assessed on its individual facts.

Beware of Time Limits!

If you’re considering a discrimination claim, it’s essential to act quickly:

• Employment Tribunal claims must be brought within 3 months less one day of the last discriminatory act.
• Civil court claims must be filed within 6 months.