Check if you've experienced discrimination

You must not usually be discriminated against because of:

• how old you are 

• an age group you’re in - for example young people, millennials or over-60s 

However, sometimes businesses and service providers are allowed to treat you differently because of your age. For example, banks are allowed to set age limits on mortgage lending.

If you are disabled or have a long-term health condition, you’re protected from discrimination if your impairment meets the Equality Act’s definition of disability.

The Equality Act says you’re disabled if:

• you have a physical or mental impairment

• the impairment has a substantial and long-term effect on your everyday activities

If you want to make a disability discrimination claim, you’ll need to show your impairment meets the Equality Act’s definition of disability.

Some conditions are automatically treated as a disability under the Equality Act, including cancer and HIV.

Check how to show you’re disabled under the Equality Act.

If you’re transgender, you have the protected characteristic of ‘gender reassignment’.

Gender reassignment means you:

• are planning to transition from the sex you were assigned at birth to a different sex

• are in the process of transitioning 

• have already transitioned

Transitioning could include things like changing your name, pronouns or the way you dress - you don’t need to have had medical treatment.

The Equality Act is from 2010 and it doesn’t reflect the language lots of people use to describe their gender or their transition.

If you’re non-binary

The Equality Act says you only have the protected characteristic of gender reassignment if you’re transitioning from one sex to another. It doesn’t mention non-binary people. 

In 2020, a non-binary person successfully argued they had the protected characteristic of gender reassignment at an employment tribunal. 

The judge at the tribunal said the characteristic should include people transitioning away from their assigned sex - even if they aren’t going to transition to a different sex.

Other courts don’t have to follow this decision. This means if you take legal action about discrimination, the judge might decide you don’t have the protected characteristic of gender reassignment.

If you want to make a complaint or legal claim about discrimination, it’s still worth referencing this case. 

The name of the case is Ms R Taylor v Jaguar Land Rover Ltd. You can read the full employment tribunal decision on GOV.UK. The judge’s decision about non-binary people is in paragraph 178 of the 'Reasons' document.

Your employer must not discriminate against you because you’re married or in a civil partnership.

Work is the only place you’re protected from discrimination because of marriage or civil partnership.

If you’ve separated from your partner, you’re still protected until you legally end your marriage or civil partnership.

If you’re not married or in a civil partnership, you don’t have this protected characteristic - for example, if you’re in an unmarried relationship or you’re divorced.

You’re protected from maternity and pregnancy discrimination while you’re pregnant. The protection starts as soon as your pregnancy begins.

At work, your protection ends either:

• when your maternity leave ends - if you’re entitled to it

• 2 weeks after your baby is born - if you’re not entitled to maternity leave

Your employer also can’t discriminate against you because you’re planning to take maternity leave, or because you took it in the past. Check your rights while you’re on maternity leave.

Outside of work, your protection ends 26 weeks after your baby is born.

After the protected period ends

If you experience discrimination after you stop being protected from pregnancy discrimination, you might be able to claim sex discrimination.

You must not be discriminated against because of your race. 

The Equality Act says race includes your:

• colour

• nationality

• ethnic or national origins

It can also include other things related to race - like how you talk, the clothes you wear or your hairstyle.

Nationality

Your nationality is the country where you have citizenship. You might be a citizen of more than one country - for example, you could have British and Armenian dual citizenship. 

Ethnic and national origins

Ethnic and national origins can include lots of different things like:

• the country or region where you were born or grew up

• where your parents or other family members came from

• the ethnic group you belong to - for example, if you’re Caribbean, Jewish or Irish Traveller

It’s still race discrimination even if the discrimination isn’t about your actual ethnic or national origins. For example, it’s race discrimination if you’re Bangladeshi and someone uses anti-Pakistani slurs against you.

You must not be discriminated against if you belong to an organised religion - for example, if you’re Muslim, Hindu or Buddhist. This includes smaller religions like Rastafarianism or Paganism.

You also must not be discriminated against for belonging to a specific denomination or sect - for example if you’re Jewish and you’re Orthodox or Liberal.

Your religious beliefs are also protected. For example if you’re Christian, you must not be discriminated against for believing in creationism.

You’re also protected if you don’t have any religion or religious beliefs. For example, you mustn’t be discriminated against for being an atheist. 

Philosophical beliefs

You must not be discriminated against for your philosophical beliefs. It’s up to a court or tribunal to decide what counts as a philosophical belief. 

If you want to show your beliefs are philosophical, you need to show:

• you genuinely hold the belief

• it’s a moral, ethical, personal or philosophical belief - not an opinion based on facts 

• it’s about an important aspect of human life and behaviour

• it’s serious and important

• it’s worthy of respect in a democratic society and compatible with human dignity

Some things courts have decided are philosophical beliefs include:

• belief in climate change

• anti-fox hunting beliefs

Some things that courts have decided are not philosophical beliefs include:

• believing the Holocaust didn’t happen

• being a member of a political party

You must not be discriminated against because of your sex. The Equality Act says your sex means if you’re a man or a woman.

If you’re transgender

Legally, your sex is the sex registered on your birth certificate. 

You can change the sex on your birth certificate if you have a gender recognition certificate. 

Non-binary is not legally recognised as a sex in the UK.

If you’re intersex

Your sex must still be registered as male or female on your birth certificate. Intersex people are not legally recognised in the UK and intersex is not a protected characteristic under the Equality Act. You can get advice and community support for intersex people on the ICON website.

The Equality Act defines your sexuality as your sexual orientation to men, women or both. 

You must not be discriminated against because you’re lesbian, gay, bisexual or straight. 

If you’re not lesbian, gay, bisexual or straight

The Equality Act is from 2010 and it doesn’t reflect the language lots of people use to describe their sexual orientation. 

If your orientation isn’t covered by the Equality Act, you might still be protected. For example if you’re pansexual, you might be able to claim protection as a bisexual.

If you’re asexual, you’re not currently protected from discrimination as an asexual. However, you might still be protected as lesbian, gay, bisexual or straight - for example if you’re asexual and you’re in a relationship.