Protected Characteristics definitions

This appendix defines the Protected Characteristics as taken from the Equality Act 2010, referenced in our Equality Scheme.


‘Protected characteristics’ mean the characteristics of a person which are protected by the Equality Act 2010.

Age

  1. A reference to a person of a particular age group.

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

  3. A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

Disability

  1. A person has a disability if the person has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

  2. A reference to a disabled person is a reference to a person who has a disability.

  3. A reference to persons who share a protected characteristic is a reference to persons who share the same disability.

Gender Reassignment

  1. A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.

  2. A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

Marriage and Civil Partnership

  1. A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner.

Pregnancy and Maternity

  1. Unfavourable treatment and victimisation of a pregnant woman.

  2. Unfavourable treatment and victimisation during maternity. 

Race

  1. Colour.

  2. Nationality.

  3. Ethnic or national origins.

  4. A reference to persons who share a protected characteristic is a reference to persons of the same racial group.

  5. A racial group is a group of persons defined by reference to race; and a reference to a person’s racial group is a reference to a racial group into which the person falls.

  6. The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.

Religion or Belief

  1. Religion means any religion and a reference to religion includes a reference to a lack of religion.

  2. Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.

Sex

  1. Refers to a man or to a woman.

  2. A reference to persons who share a protected characteristic is a reference to persons of the same sex.

(Note: The UK Government definition of sex is that referring to the biological aspects of an individual as determined by their anatomy, which is produced by their chromosomes, hormones and their interactions. This is generally male or female. Sex is something that is assigned at birth.)

Sexual Orientation

  1. Sexual orientation means a person’s sexual orientation towards:

    • persons of the same sex

    • persons of the opposite sex, or

    • persons of either sex.

  2. In relation to the protected characteristic of sexual orientation a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation.