You can also contact the Equality Advisory Support Service. Protected characteristics meanings Match up. Race discrimination is an offence under The Equality Act 2010. For example if youre Christian, you must not be discriminated against for believing in creationism. The nine protected characteristics - Enhance Digital Teaching Platform Disability. It is against the law to discriminate against someone because of: age disability gender reassignment marriage and civil partnership pregnancy and maternity race This includes smaller religions like Rastafarianism or Paganism. If you want to make a disability discrimination claim, youll need to show your impairment meets the Equality Acts definition of disability. The 9 protected characteristics are defined in the Equality Act 2010, which states that individuals and groups should not be discriminated against on the basis of these characteristics. This includes the sex someone thinks you are. What are the 9 characteristics protected by the Equality Act 2010 The Equality Act says race includes your: It can also include other things related to race - like how you talk, the clothes you wear or your hairstyle. For example, banks are allowed to set age limits on mortgage lending. In considering using the positive action provisions, an employer will need to balance the seriousness of the disadvantage suffered, or the extent to which people with a protected characteristic are underrepresented, against the impact that the proposed action may have on other people. There are lots of reasons that people are mistreated at work. You must not be discriminated against if you belong to an organised religion - for example, if youre Muslim, Hindu or Buddhist. If you need to go to court, its important to act quickly - the time limits can be as little as 3 months from the date you experienced discrimination. You will need a proposed timeline for delivering the actions you want to take forward and decide how you will measure progress. Using protected characteristics to make decisions - Acas They are: age; disability (this can include mental health problems) . Participation may be low compared with the proportion of people with: The Act permits action to be taken to enable or encourage people who share the protected characteristic to participate in that activity. At that stage all of the relevant factors that the employer will need to know to determine whether or not the candidates are truly as qualified as each other should have been established. You cannot discriminate against a person because of their age. Using Government Statistical Service harmonised standards can help employers collect information for all protected characteristics in a way that can be comparable with data from other employers, and national data from the government. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. You should also understand the difference between positive action and positive discrimination (which is unlawful) before making decisions to ensure that any actions you take are lawful. The name of the case is Ms R Taylor v Jaguar Land Rover Ltd. You can read the full employment tribunal decision on GOV.UK. Check your rights while youre on maternity leave. Valla is a platform built to allow people to resolve their own employment issues when they cant afford a law firm. For example, it might be unlawful discrimination if someone at your local leisure centre regularly harasses you and the staff dont do anything to stop it - even though you keep complaining. Jun 18 2021 | Litigation by Rory Lindsay In this article How many protected characteristics are there? In practice, positive action allows an employer faced with making a choice between 2 or more candidates who are of equal merit to take into consideration whether one is from a group that is disproportionately underrepresented or otherwise disadvantaged within the workforce. Positive action in recruitment and promotion can be used where an employer reasonably thinks that people with a protected characteristic are underrepresented in the workforce, or suffer a disadvantage connected to that protected characteristic. Well send you a link to a feedback form. You must not be discriminated against for your philosophical beliefs. This was the first step in developing a Centre for Equalities and . As noted, positive action in recruitment and promotion is only allowed where the action is a proportionate way of addressing the underrepresentation or disadvantage. There are 9 protected characteristics in the Act (see the section on protected characteristics). Why contact Britton & Time Solicitors? You cannot discriminate against someone who is married or in a civil partnership. There are some exceptions to these, depending on the characteristic. The Equality Act 2010 protects people in England, Scotland and Wales from discrimination. A small voluntary organisation has 5 employees, who are all white. Advice for people affected by child abuse. However, it should be acknowledged that some protected characteristics are more readily identifiable than others for instance, a persons sex may be easier to establish than their religion or belief or their sexual orientation and so it may be more difficult to determine if there is any underrepresentation of those with certain protected characteristics. But they can help you work out if you meet the definitions in the Equality Act. Its often a good idea to mention any clear link between the protected characteristics and the way you have been treated.. For example, you mustnt be discriminated against for being an atheist. Employers will make different decisions on how best to collect information from their employees. Ethnic minority candidates were then prioritised for selection. To use positive action provisions in a tie-breaker situation, the employer must first establish that the candidates are of equal merit. More than one group may be targeted by an employer, providing that there is evidence of disadvantage connected to the characteristic, different needs or underrepresentation for each group. Section 159 includes provisions specifically on recruitment and promotion. Youre protected from maternity and pregnancy discrimination while youre pregnant. However, employers should ensure that any criteria do not indirectly discriminate against people who share a protected characteristic for example, a requirement that staff must work shift patterns that mean they have to be on-call at certain fixed times might put women, who are more likely to be responsible for childcare, at a disproportionate disadvantage. Its up to a court or tribunal to decide what counts as a philosophical belief. What are the nine characteristics? One of the applicants is over 50 and the other is younger. For example, its discrimination by perception if your colleagues are harassing you by making jokes about you being gay - even though they know youre not. An employers monitoring data on training shows that there is a very low uptake from their female Muslim employees. For example if your colleague discriminates against you, your colleague and your employer are both legally responsible. If you are disabled or have a long-term health condition, youre protected from discrimination if your impairment meets the Equality Acts definition of disability. What is workplace harassment and how is it different from bullying? Action taken to benefit those from a particular protected group that does not involve less favourable treatment of those from another protected group will normally be lawful without the need to consider positive action. Advice can vary depending on where you live. Protected Characteristics | Slater + Gordon First, the police force had set an artificially low threshold in their recruitment tests and it was wrong that all 127 candidates were equally suitable for the job. The positive action provisions in the Act[footnote 2] allow employers to take action that may involve treating one group that shares a protected characteristic more favourably than others, where this is a proportionate way to enable or encourage members of that group to: The positive action provisions are exceptions to the usual requirements of discrimination law that prevent those with a particular protected characteristic being treated differently, either better or worse, from those without that same characteristic. To ensure adherence to the law, employers must have a good grasp on precisely what these characteristics are. "Protected characteristics" what are the nine? | Croner-i Her manager said other members of staff need the extra shifts more and her husband should be supporting her financially. Where one candidate is clearly superior or better qualified for the job than the others, then an employer should offer the position to that candidate irrespective of protected characteristics. Transitioning could include things like changing your name, pronouns or the way you dress - you dont need to have had medical treatment. As set out in the Statutory Code, it could include: Example (from the EHRC Code of Practice on Employment). The Nine Protected Characteristics Explained, you can search for an experienced employment lawyer in your area through Solicitors Guru. If employers have reviewed progress and found that they have met their original aims, they should cease any positive action measures that were designed to meet those aims as they will no longer have a case for treating some groups more favourably than others under the positive action provisions. Check how to take action about discrimination. Check what the time limits are. If youre worried about a situation at work, keep a note of what is happening and try to resolve the problem yourself if you can. However, sometimes businesses and service providers are allowed to treat you differently because of your age. Take 3 minutes to tell us if you found what you needed on our website. In the vast majority of cases, any use of positive action as a tie-breaker between candidates who are of equal merit for a particular post is likely to be at the end of the recruitment process, at the actual point of appointment. You cant take action using the Equality Act. 'Protected characteristics' is the name for the nine personal characteristics that are protected from discrimination under the Equality Act. In late 2017, Office for National Statistics (ONS) began an audit of data sources and publications that are available to understand equalities in the UK today including outcomes for all nine of the protected characteristic groups covered by the Equality Act 2010 1. Protected Characteristics | Croner Using positive action to redress an imbalance for underrepresented groups may have the consequence of relatively worsening the position of other individuals or groups, so there is likely to be some risk of complaints and even legal action against the organisation taking the action. A leading equalities organisation, in partnership with employers in the engineering sector, could offer opportunities exclusively to girls and women to learn more about and promote careers in engineering, through a careers fair attended by women working in the profession. These provisions only apply when the candidates being considered are as qualified and only permitted where it is a proportionate way of addressing the underrepresentation or disadvantage. You cannot demote a woman to a lesser position when she returns from maternity leave, or make it difficult for her to breastfeed. It will take only 2 minutes to fill in. Sex. To work out if youve experienced unlawful discrimination, youll need to check: You were discriminated against because of something about you like your age or race - these things are called protected characteristics, The person or organisation that treated you unfairly is legally responsible for discrimination under the Equality Act, What happened meets the definition of a type of discrimination described in the Equality Act. You need to check if what you experienced counts as one or more of the types of discrimination. Step 3 Consider how you will take action. What are the nine protected characteristics? It may simply involve an employer looking at the profiles of their workforce or making enquiries of other comparable employers in the area or sector as a whole. 9 Protected characteristics. Discrimination means treating someone 'less favourably' than someone else, because of: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation These are called 'protected characteristics'. Before you take action about discrimination, you need to decide what outcome you want and the best way to achieve it. This is not unlawful discrimination against male staff if the employer can demonstrate that womens representation in senior management is disproportionately low and that the company does not have a general policy of treating women more favourably than men when it comes to recruitment and promotion. Check if youre protected from disability discrimination, Equality Advisory Support Service discrimination helpline. U.S. federal law protects individuals from discrimination or harassment based on the following nine protected classes: sex, race . All rights reserved. Positive action allows additional help to be provided for groups of people who share a protected characteristic (for example, race, sex, or sexual orientation) in order to level the playing field. If are an Indian woman being treated unfairly, is it because of race or sex discrimination? Protected characteristics and personal information college.police.uk 3 Protected characteristic Prefer not to say % Age 7.1% Gender identity 10.4% Sex 10.6% Pregnancy and maternity 10.9% Ethnicity 11.7% Gender reassignment 11.8% Disability 12.3% Marital status and civil partnership 13.6% Sexual orientation 15.5% Religion 15.5% Therefore, when undertaking measures under the positive action provisions under section 158 or 159 of the Act, it would be advisable for employers to indicate that they intend to take the action only so long as the relevant conditions apply, rather than indefinitely. There are time limits for taking legal action about discrimination. Disability is defined as any physical or mental impairment that has a long-term impact on a persons ability to perform day-to-day activities. Dont worry we wont send you spam or share your email address with anyone. An employer with a factory in Oldham employs 150 people but only 10% are Asian. It can be confusing for employers and employees to know how each characteristic is protected by law. You have accepted additional cookies. The scope of this characteristic can be wide-ranging in practice. Although, historically, these issues have tended to apply most commonly to women and ethnic minorities, any group of people who share a protected characteristic is within the scope of positive action if there is a reasonable belief that they suffer a disadvantage connected to their characteristic, have different needs, or are underrepresented in a setting. Ethnic and national origins can include lots of different things like: the country or region where you were born or grew up, where your parents or other family members came from, the ethnic group you belong to - for example, if youre Caribbean, Jewish or Irish Traveller. Being disabled means you have a physical or mental health condition that has a substantial and long-term negative effect on your day-to-day life. Protected characteristics | Equality, diversity and inclusion | About Race. Your employer must not discriminate against you because youre married or in a civil partnership. If your orientation isnt covered by the Equality Act, you might still be protected. Proportionate has the same meaning as it has for general employment positive action see What does proportionate mean. The bank could decide to take positive action and give the job to the younger candidate. The Nine Protected Characteristics Explained - Solicitors.Guru The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Employers must do all they reasonably can to protect people from discrimination and take steps to prevent disability discrimination at work. For example, the employer could undertake additional and targeted communications to promote their senior leadership scheme to their LGBT employees, including hosting a dedicated session for their LGBT staff network. The Act does not limit the action that could be taken, provided it satisfies the statutory conditions and is a proportionate way of achieving the aim of overcoming a genuine disadvantage. Positive discrimination is unlawful in Great Britain. Implementing positive action lawfully: checklist for employers. We recommend that employers have read and understood the positive action chapter in the Code of Practice on Employment, in addition to this guidance. The Equality Act says you only have the protected characteristic of gender reassignment if youre transitioning from one sex to another. Discrimination based on a persons sex is an offence. Equality Act 2010 - Wikipedia Protected Characteristics | St. Gabriel's Catholic Primary School You can change your cookie settings at any time. If you are satisfied that you have a good reason for taking positive action, you should think about what type of action you want to take and how this will address the barriers you have identified. When thinking about proportionality, an employer should consider if there are alternative measures that could achieve the same effect that are less likely to result in the less favourable treatment of other people. What exactly are these protected characteristics? If youve separated from your partner, youre still protected until you legally end your marriage or civil partnership. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. However, your employer wont be liable for discrimination if they dont know youre disabled. Employers should establish a set of criteria against which candidates will be assessed when applying for a job. This guidance sets out how employers can make use of general positive action followed by how they can use positive action when it comes to recruitment and promotion. This could include, for example, providing a leadership scheme to help an underrepresented group achieve more senior positions in an organisation or providing tailored training for a group because they have specific requirements. Proportionate refers to the balancing of all the relevant factors. Whatever stage youre at when dealing with unfair treatment at work, Valla can help. Complain to the person or organisation - for example by following their formal complaints procedure, Check if you can get help to solve the problem - for example through mediation or an ombudsman, Take the person or organisation to court - if you cant solve the problem without going to court. The other candidate is a man who has no formal qualifications but has several years experience of working in leisure centres. Having interviewed both candidates, the employer decides that both could do the job to the same standard. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. If the pass mark in an assessment centre is set at 70% and one candidate scores 71% and another scores 91%, treating those candidates as being of equal merit may be vulnerable to legal challenge. If one candidate is superior to another the position should be offered to that candidate. Since Nisha got married, her manager has stopped giving her weekend shifts and wont let her do overtime. To establish whether there is any basis to implement a positive action programme, employers should collate evidence, for example through their monitoring data, and analyse that evidence to decide on the most appropriate course of action to take. The protected characteristics are: Positive action applies to all the protected characteristics above. Age discrimination | Equality and Human Rights Commission This could make it unlawful to continue to take the action. You can get advice and community support for intersex people on the ICON website. All suitably qualified candidates must be considered on their individual merits for the post in question. The organisation acknowledges that it would prefer to have an ethnically diverse workforce but feels that, because of its size, it would not be proportionate to use positive action provisions in recruitment to address this, especially as ethnic minorities are represented in similar organisations throughout the sector. by Leeshirley. In order to do this lawfully, you should understand what the legislation allows and familiarise yourself with the full guidance. If positive action continues indefinitely, without any review, it may no longer be proportionate, as the action taken may have already remedied the situation the positive action was initially taken to resolve. Also, in the particular case of disability, it is lawful for an employer to treat a disabled person more favourably than a non-disabled person without needing to rely on positive action. The Employment Tribunal found that Cheshire Police Service directly discriminated on grounds of sex, race and sexual orientation against Mr Furlong, who was a white, heterosexual male. In other words, they are of equal merit for the role even if each would bring a different set of skills and experiences to the job. To avoid positive discrimination, an employer should follow the steps set out in this guidance. If youre raising a complaint - either informally or through a formal grievance procedure - you should focus on setting out the facts of how you have been treated, and the impact it has had on you. by Esquires259. Check if you've experienced discrimination - Citizens Advice The Equality Act defines your sexuality as your sexual orientation to men, women or both. Discrimination by perception applies to all protected characteristics except: This means its not discrimination if someone treats you unfairly because they mistakenly think youre pregnant, married or in a civil partnership. However, you might still be protected as lesbian, gay, bisexual or straight - for example if youre asexual and youre in a relationship. Non-binary identities are not specifically mentioned in the Equality Act, either. However, if you are being discriminated against because you are intersex, sex discrimination or disability discrimination may be relevant.. This can be helpful if you want to analyse your specific situation. The nine protected characteristics under the Equality Act 2010 are: Under the Act is it an offence to discriminate directly or indirectly based on these characteristics. You can take proportionate action that aims to reduce disadvantage, meet different needs and increase participation. Check if you have a different type of legal complaint or if you can solve the problem another way. This sort of intervention would not be unlawful discrimination because it would be a targeted, proportionate intervention to deal with the low participation of women in engineering. In this case, you should mention all relevant characteristics until you get clearer evidence of which of the protected characteristics are relevant. The former only applies in relation to the process of deciding between equally qualified candidates. You might be a citizen of more than one country - for example, you could have British and Armenian dual citizenship. Check how toshow youre disabled under the Equality Act. It might still be discrimination - for example, if a social worker treats you unfairly because of your wife and childs ethnicity. If youve been treated unfairly or harassed, you should check if what happened is covered by the Equality Act 2010. by Juliemilner. Employers should have evidence that indicates this, althoughit does not need to be sophisticated statistical data. The nine protected characteristics The Equality Act 2010 protects nine characteristics: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation. This guide applies to Employment Law in England, Scotland and Wales. UK law protects people who are discriminated against because of certain personal attributes. Rather, the general positive action provisions may be applicable, provided the statutory criteria are met. Quick view: Protected characteristics under the Equality Act - Lexology Discrimination and Protected Characteristics Group sort. Flash cards. One candidate has a mobility impairment, another has a learning disability and the third has no form of disability. Here is a short summary of the things you should consider when thinking about using positive action in your organisation: Step 1 Consider why you want to take action. Thank you, your feedback has been submitted. To understand how the nine characteristics are protected, it is important to look at them in isolation. Learn more. This is sometimes called either a tie-breaker or the tipping point. Additionally, it could involve looking at national data such as labour force surveys for a national or local picture of the work situation for particular groups who share a protected characteristic. Some things courts have decided are philosophical beliefs include: Some things that courts have decided are not philosophical beliefs include: You must not be discriminated against because of your sex. This is called discrimination by perception. Every person has some of these characteristics. are planning to transition from the sex you were assigned at birth to a different sex. If they do know, or could reasonably be expected to know, that you are disabled, the Equality Act protects you in many different ways..
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