This article applies to England, Wales and Scotland.
In brief: The nine protected characteristics in section 4 of the Equality Act 2010 are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Worse treatment at work because of one may be unlawful discrimination. The tribunal time limit is 3 months less one day, rising to 6 months from 1 October 2026.
Last updated: September 2026
By Yerty | Written from the Equality Act 2010, Acas guidance and Ministry of Justice tribunal statistics.
Something happened at work and you have a feeling it was about who you are rather than what you did. Before anything else, the question most people ask is whether the law actually covers their situation.
The Equality Act 2010 only protects you from discrimination if the treatment relates to one of nine specific characteristics. This guide sets out what those nine are in the Act's own words, how the definitions work in practice, what happens if you were wrongly assumed to have one, and what to do if you think one of them applies to you.
Important: This guide provides information about UK employment law. Yerty is not a law firm and does not provide legal advice. Every situation is different. If you believe you have been discriminated against at work, consider speaking to a solicitor for advice specific to your circumstances.
What are the nine protected characteristics?
Section 4 of the Equality Act 2010 lists them in full:
"The following characteristics are protected characteristics— age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation." Equality Act 2010, section 4
That is the whole list. If what happened to you is not connected to one of these nine, the Equality Act does not apply, though other laws might (see the section on what is not covered below).
Everyone has several of them. You have an age, a sex, a sexual orientation and a religion or belief (which includes having none). The characteristics are not a special status for certain groups; they are categories that apply to everybody, and the Act protects anyone treated worse because of them.
Which one applies to my situation?
The Act defines each characteristic in sections 5 to 12. Below is what the Act says for each, with the section you can check.
| Characteristic | What the Act says | Section |
|---|---|---|
| Age | A "particular age group", which can be a specific age or "a range of ages" | s.5 |
| Disability | "A physical or mental impairment" that "has a substantial and long-term adverse effect on [the person's] ability to carry out normal day-to-day activities" | s.6 |
| Gender reassignment | A person who "is proposing to undergo, is undergoing or has undergone a process (or part of a process)" of reassigning their sex | s.7 |
| Marriage and civil partnership | A person who "is married or is a civil partner" | s.8 |
| Pregnancy and maternity | Defined through the work provisions in s.18: unfavourable treatment because of pregnancy, pregnancy-related illness, or maternity leave | s.18 |
| Race | "Race includes— colour; nationality; ethnic or national origins" | s.9 |
| Religion or belief | "Any religion", including "a lack of religion", and "any religious or philosophical belief", including "a lack of belief" | s.10 |
| Sex | "A man or ... a woman" | s.11 |
| Sexual orientation | Orientation "towards persons of the same sex, persons of the opposite sex, or persons of either sex" | s.12 |
A few of these need more explanation than the table allows.
Disability is the one that generates the most questions, because it is defined by effect rather than by diagnosis. The test is whether the impairment has a substantial and long-term effect on day-to-day activities. "Long-term" generally means it has lasted, or is likely to last, at least 12 months (Schedule 1 to the Act). A condition your employer treats as minor may still meet the definition. Section 6(4) also covers people who have had a disability in the past. If your situation involves a health condition, you may want to read how disability discrimination claims are decided at tribunal.
Race is wider than many people assume. Nationality and national origin are inside it, so treatment because someone is, say, Polish or Nigerian is race discrimination under the Act. Our analysis of race discrimination outcomes at tribunal covers how these claims tend to be decided.
Religion or belief includes philosophical beliefs, not only religious ones, and also includes having no belief. Tribunals apply tests to decide whether a particular belief qualifies, so this is an area where the facts matter a great deal. Acas has guidance on religion or belief discrimination that may help you consider whether your belief is likely to count.
Pregnancy and maternity works differently from the other eight. Under section 18 the test is whether you were treated "unfavourably", and there is no need to compare yourself with how someone else was treated. Our data on pregnancy discrimination claims at tribunal sets out what typically happens in these cases.
Does it count if I don't actually have the characteristic?
Often, yes. The direct discrimination test in section 13 says a person discriminates "if, because of a protected characteristic" they treat you less favourably than others. The wording is "because of a protected characteristic", not "because of your protected characteristic".
Acas explains that this covers "discrimination by perception": being treated worse because someone thinks you have a characteristic when you do not. If a manager assumes you are gay, or older than you are, or from a particular ethnic background, and treats you worse for it, the fact that they were wrong is no defence. Acas confirms this applies to every characteristic except marriage and civil partnership, and pregnancy and maternity (Acas: direct discrimination).
What if it was because of someone I'm connected to?
The same section 13 wording also covers "discrimination by association". If you were treated worse because your child is disabled, your partner is of a particular religion, or a close friend is trans, that may be direct discrimination even though the characteristic belongs to someone else.
Carers are the group this most often affects. There is no protected characteristic of "carer", but a parent refused a shift change because of the time they spend caring for a disabled child may be able to show they were treated less favourably because of the child's disability. As with perception, Acas states that association does not apply to marriage and civil partnership or to pregnancy and maternity.
What is not a protected characteristic?
Because the list in section 4 is closed, a lot of unfair treatment falls outside it. None of the following is a protected characteristic on its own:
- being a parent or a carer (though see association above)
- social class or economic background
- weight or appearance
- having a criminal conviction
- being a trade union member (protected under separate legislation, not the Equality Act)
- being an agency worker or part-time worker (separate regulations apply)
- caste (section 9(5) gives ministers a power to add it to race, which has not been used)
Two points of caution. Unfair treatment that is not discrimination may still be something else: a breach of contract, an unlawful deduction, or, if it ends in dismissal, unfair dismissal. And treatment that looks like it is about something unprotected is sometimes about something protected underneath. A policy about appearance may affect people of a particular religion; a rule about hours may hit women more than men. That is where indirect discrimination under section 19 comes in.
Does the treatment have to be "because of" the characteristic?
Having a protected characteristic is the first requirement, not the whole test. The Act sets out four main kinds of prohibited conduct at work:
- Direct discrimination (s.13): less favourable treatment because of a protected characteristic.
- Indirect discrimination (s.19): a rule or practice applied to everyone that puts people who share your characteristic at a particular disadvantage, and puts you at that disadvantage, unless the employer can justify it.
- Harassment (s.26): unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Harassment does not apply to marriage and civil partnership or pregnancy and maternity, though conduct related to pregnancy will usually be related to sex.
- Victimisation (s.27): being treated badly because you complained about discrimination or supported someone else's complaint. You do not need a protected characteristic at all for this one.
For disability there are two further routes: discrimination arising from disability (s.15) and the duty to make reasonable adjustments (s.20).
In practice, the difficulty is rarely showing you have a characteristic. It is showing the link between the characteristic and what happened, which is why the disability and sex discrimination data articles focus on how tribunals reason about that link.
How common are discrimination claims?
More common than most people expect. In the Ministry of Justice figures for January to March 2026, disability discrimination alone made up 16% of all jurisdictional complaints received in single employment tribunal claims, second only to unfair dismissal at 23% (Tribunal Statistics Quarterly, January to March 2026). Across the year 2025/26 the tribunal received around 50,000 single claims, a 39% rise on the previous year.
Most claims include more than one complaint. A discrimination complaint is frequently brought alongside unfair dismissal or an unpaid wages claim about the same events. For the wider picture, see our employment tribunal statistics guide.
How long do I have to bring a claim?
Act quickly. For discrimination claims the time limit is currently 3 months less one day from the act you are complaining about, or from the last act in a continuing series. Tribunals can extend it where "just and equitable", but they refuse more often than they allow.
Before you can submit a claim you must notify Acas and go through early conciliation. The time you spend in conciliation is added to the deadline, and since 1 December 2025 conciliation can last up to 12 weeks.
Change from 1 October 2026. Under the Employment Rights Act 2025, the time limit for most tribunal claims, including discrimination, increases to 6 months less one day. Acas confirms this only applies where your time limit starts on or after 1 October 2026 (Acas: employment tribunal time limits). If the problem happened before that date, the 3-month limit still applies to it, even if you contact Acas after 1 October.
Working out which limit applies, and when the clock started, is the single most important thing to get right. If you are close to a deadline, contact Acas first and work out the detail afterwards.
What could I claim?
Compensation for discrimination is uncapped. There is no upper limit of the kind that applies to ordinary unfair dismissal. An award can include your financial losses, such as lost earnings, and a separate sum for injury to feelings, which tribunals assess in bands depending on the seriousness and duration of the treatment.
What a tribunal actually awards depends on the facts, the evidence and the claim type. Our data articles on disability, race, sex and pregnancy discrimination set out what published tribunal decisions show.
What to do next
If one of the nine characteristics applies to you and you think it was the reason for how you were treated, the options usually considered are:
- Write down what happened while it is fresh, with dates, names and what was said. Keep copies of any messages.
- Consider raising a grievance with your employer. It is not a legal requirement before a claim, but tribunals expect to see that you tried to resolve things, and it can strengthen a later case.
- Check your deadline using the section above, and contact Acas before it runs out.
- Decide whether to submit an ET1 claim to the tribunal once conciliation ends. Our guide to the ET1 form explains how.
You don't need to be a legal expert to work through this. For complex cases, or where a lot of money is at stake, you may still want to speak with a solicitor.
Frequently Asked Questions
What are the 9 protected characteristics in the UK?
Under section 4 of the Equality Act 2010 they are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Race includes colour, nationality and ethnic or national origins, and religion or belief includes having no religion or belief.
Is being a carer a protected characteristic?
No. Caring responsibilities are not on the section 4 list. However, if you were treated worse because of the disability of the person you care for, that may be direct discrimination by association under section 13 of the Equality Act 2010, because the treatment was still because of a protected characteristic.
Is mental health a protected characteristic?
Not by name, but a mental health condition can be a disability under section 6 if it has a substantial and long-term adverse effect on your day-to-day activities. Long-term generally means 12 months or more. Depression, anxiety and PTSD have all been found to meet the definition in tribunal cases, depending on their effect.
Can I claim discrimination if my employer only thought I had a characteristic?
Yes, for most characteristics. Acas calls this discrimination by perception. If you were treated worse because your employer assumed you were, for example, a particular age, sexual orientation or religion, the Equality Act can still apply. It does not apply to marriage and civil partnership or pregnancy and maternity.
Is nationality covered by race discrimination?
Yes. Section 9 of the Equality Act 2010 states that race includes colour, nationality and ethnic or national origins. Treatment because of where you were born, your citizenship or your national background falls within race discrimination, whether the person treating you is of a different nationality or the same one.
What is the time limit for a discrimination claim?
Currently 3 months less one day from the act complained of, or the last in a series. Time in Acas early conciliation extends it. From 1 October 2026 the limit rises to 6 months less one day, but only where the problem happened on or after that date.
Is there a cap on discrimination compensation?
No. Unlike ordinary unfair dismissal, discrimination awards are uncapped. Compensation can cover financial losses and a separate award for injury to feelings. The Ministry of Justice publishes annual figures on awards by discrimination type, and the largest awards in recent years have been in disability and race discrimination cases.
Does the Equality Act protect me if I've been discriminated against for being a trade union member?
Not under the Equality Act. Trade union membership is not one of the nine characteristics. Detriment or dismissal because of union membership or activities is protected separately under the Trade Union and Labour Relations (Consolidation) Act 1992, with its own rules and time limits.
Sources
- Equality Act 2010, Part 2 Chapter 1 (sections 4 to 12), legislation.gov.uk — https://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/1
- Equality Act 2010, sections 13, 18, 19, 26 and 27, legislation.gov.uk — https://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/2
- "Direct discrimination", Acas, 2026 — https://www.acas.org.uk/discrimination-and-the-law/direct-discrimination
- "Employment tribunal time limits", Acas, 2026 — https://www.acas.org.uk/employment-tribunal-time-limits
- "Employment Rights Act 2025", Acas, 2026 — https://www.acas.org.uk/employment-rights-act-2025
- "Tribunal Statistics Quarterly: January to March 2026", Ministry of Justice, June 2026 — https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2026/tribunal-statistics-quarterly-january-to-march-2026
- "Protected characteristics", Equality and Human Rights Commission — https://www.equalityhumanrights.com/equality/equality-act-2010/protected-characteristics