HR Advice Hub

What Is a Protected Characteristic? (And Why It Matters for Employers)

If you employ people, you’ve probably heard the term protected characteristics - but what does it actually mean in practice?

Put simply, protected characteristics are specific personal attributes that are protected under UK law. Employers must not treat someone unfairly because of one of these characteristics.

It’s an important part of creating a fair, respectful workplace, and something every employer should have a basic understanding of.

What Are the Protected Characteristics?

Under the Equality Act 2010, there are nine protected characteristics:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

These characteristics are protected throughout the employment lifecycle - from recruitment and onboarding to day-to-day management and leaving the business.

Why This Matters for Employers

Understanding protected characteristics isn’t just about legal compliance - it’s about making fair, consistent decisions. As an employer, this applies to things like:

• Recruitment and selection decisions

• Promotions and development opportunities

• Managing absence or performance

• Handling grievances or complaints

• Workplace policies and practices

If decisions are influenced (even unintentionally) by a protected characteristic, this can lead to claims of discrimination. Having awareness helps you:

• Make fair, objective decisions

• Reduce risk to your business

• Create a more inclusive and respectful workplace

What Does This Look Like in Practice?

Discrimination isn’t always obvious, and it’s not always intentional. Some examples might include:

• Not offering an interview because of someone’s age

• Making assumptions about someone’s ability due to a health condition

• Treating pregnancy-related absence differently to other absence

• Allowing workplace behaviour that could be seen as offensive or exclusionary

Often, these situations arise from misunderstanding rather than intent - which is why awareness is so important.

Common Mistakes to Avoid

A few common pitfalls for employers include:

• Making assumptions about individuals based on personal characteristics

• Applying policies inconsistently across your team

• Not addressing inappropriate behaviour early

• Lacking clear documentation or processes

Keeping things fair, consistent and well-documented goes a long way in reducing risk.

Keeping Things Simple and Fair

You don’t need to be a legal expert to manage this well. In most cases, it comes down to:

• Treating people consistently

• Making decisions based on facts, not assumptions

• Having clear policies in place

• Being open to conversations and adjustments where needed

A practical, people-focused approach is often the most effective.

Need HR Support?

If you’re unsure how protected characteristics apply in your workplace, or you’re dealing with a situation where things feel unclear, getting advice early can help you handle things confidently.

If you’d like support reviewing your policies or managing people issues fairly and consistently, BloomHR is here to help. Contact us for more information.