Equality at work

The nine protected characteristics and the four kinds of discrimination.

What it means

The Equality Act 2010 protects against discrimination on nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Why it matters

Discrimination claims need no qualifying service, have no cap on compensation, and can be brought by job applicants as well as employees. That combination makes them the most serious employment risk most small businesses carry.

What it looks like in practice

Four main forms: direct discrimination, indirect discrimination (a neutral rule with a disproportionate effect), harassment, and victimisation. Disability adds a duty to make reasonable adjustments and a claim for discrimination arising from disability.

What to watch out for

Recruitment. Questions about health, plans to have children, or availability that assume caring responsibilities are where small employers most often create a claim before anyone is even hired.

Where to get proper advice

ACAS and the Equality Advisory and Support Service. An employment solicitor before dismissing anyone where a protected characteristic is in play.