Protected Characteristics
There are nine protected characteristics in the Equality Act. Discrimination occurring as a result of one or more of these characteristics is unlawful under the Act.
The Protected Characteristics are:
AGE
A person belonging to a particular age (e.g. 65-year-olds) or range of ages (e.g. 18- to 30 year olds).
The Equality Act 2010 says that you must not be discriminated against because:
- you are (or are not) a certain age or in a certain age group
- someone thinks you are (or are not) a specific age or age group, this is known as discrimination by perception
- you are connected to someone of a specific age or age group, this is known as discrimination by association
Age groups can be wide-ranging, such as ‘people under 50’ or over 18s', and can also be specific e.g. ‘people in their mid-40s’. Terms such as ‘young person’, ‘elderly’ and ‘pensioner’ can also indicate an age group.
DISABILITY
The Equality Act defines a person having a disability if she or he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.
UWS is a Disability Confident employer, meaning we are committed to playing a leading role in changing attitudes, behaviours, and organisational culture within UWS, our networks and communities, and championing inclusivity.
GENDER REASSIGNMENT
This is the process of transitioning from one sex to another.
An individual does not have to have undergone any specific treatment or surgery to change from their birth sex to their preferred gender, as changing physiological or other gender attributes is a personal process rather than a medical one. Any stage in the transition process – from proposing to reassign their gender, to undergoing a process to reassign gender, or having completed it, is protected under the Act.
Find out more about Gender reassignment discrimination.
Watch a video about gender reassignment discrimation
Find out how to maintain your student record and change your name.
MARRIAGE OR CIVIL PARTNERSHIP
Marriage is a union between a man and a woman or between a same-sex couple.
Same-sex couples can also have their relationships legally recognised as 'civil partnerships'. Civil partners must not be treated less favourably than married couples (except where permitted by the Equality Act).
Find out more about marriage and civil partnership discrimination.
PREGNANCY AND MATERNITY
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
Find out more about pregnancy and maternity in the workplace.
Read the University’s Guidance for Students with Parental Responsibilities.
Find out more about pregnancy and maternity related Policies, Procedures & Guidance at UWS.
RACE/ETHNICITY
Refers to the protected characteristic of race. to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.
In the Equality Act, race can represent colour, or nationality (including your citizenship). It can also mean ethnic or national origins, which may not be the same as current nationality, e.g., having Chinese national origins, residing in Britain with a British passport.
A racial group can be made up of two or more distinct racial groups, for example black Britons, British Asians, British Sikhs, British Jews, Romany Gypsies, and Irish Travellers.
The Equality and Human Rights Commission also offers useful advice on race discrimination.
RELIGION OR BELIEF
Religion refers to any religion, including a lack of religion. Belief refers to any religious or philosophical belief and includes a lack of belief. Generally, a belief should affect your life choices or the way you live for it to be included in the definition.
SEX
In the Equality Act, sex can mean either male or female, or a group of people like men or boys, or women or girls.
SEXUAL ORIENTATION
Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.
DISCRiMINATION
Discrimination can occur in one of the following forms:
- direct discrimination - treating someone with a protected characteristic less favourably than others
- indirect discrimination - rules or measures that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
- harassment - unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them
- victimisation - treating someone unfairly because they’ve complained about discrimination or harassment
It can be lawful to have specific rules or arrangements in place, as long as they can be justified.
You’re also protected from discrimination if:
- you’re associated with someone who has a protected characteristic, for example a family member or friend
- you’ve complained about discrimination or supported someone else’s claim
You can find out more about your rights under the Equality Act using the following links:
- Equality Act 2010 (legislation.gov.uk)
- The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
- The Equality Act FAQ’s
Citizens Advice and the Government Equalities Office have produced two guides to some of your rights under the Equality Act:
- Equality Act 2010: What do I need to know? A summary guide to your rights.
- Equality Act 2010: What do I need to know as a carer?
Find out more about the Equality Act 2010 and your rights in BSL.
For further advice, support, or information relating to each characteristic, please email equality@uws.ac.uk.
OTHER PRIORITY Student GROUPS
Care Experience/ Estranged/Students Carers/Asylum Seekers/Military Veterans.
Our named contacts for these students are Alison Hillis and Mary Young. You can contact them via email at WeCare@uws.ac.uk
For further information visit our webpage, Care-experienced, carer or estranged student.