The legal position
The Equality Act framework includes direct and indirect discrimination, harassment and victimisation, with distinct legal tests. Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Indirect discrimination can arise from an apparently neutral rule that disadvantages a protected group and an individual, unless justified under the applicable test. Disability also brings specific protections and reasonable-adjustment duties.
Source and attribution [1]Using it in practice
Review how a decision is made and who it affects. Ask whether criteria are necessary for the actual work, whether alternatives exist and whether an adjustment is needed. Keep decision evidence and provide a way to challenge errors. Use appropriately protected equality information to examine patterns, while avoiding unsupported conclusions from very small groups. Seek current specialist guidance for sensitive or contested applications of the law.
An example, not a reported case
Worked example · illustrative
A promotion process requires attendance at late-evening networking sessions. HR asks whether attendance predicts the capability needed for the role and who may be excluded. It tests alternatives such as documented project contributions and structured assessment. The review does not assume that a rule is fair merely because the same words apply to everyone.
What to watch for
Protected characteristics do not all operate identically across every provision. Northern Ireland has a separate equality-law framework; this overview is not a substitute for case-specific advice.
Take it into your next conversation
Three useful questions.
- What does this criterion actually measure?
- Who may be disadvantaged?
- Is a less exclusionary approach available?
Related terms
Go to the evidence
Sources & attribution
[1] Acas. Discrimination and the Equality Act 2010. ↗
Official guidance supports the legal overview. Application notes and examples are original editorial material, not individual legal advice. Check the linked source for changes and the full qualifications.
Published 2026-09-20 · Reviewed 2026-09-20. Editorial approach