Protected Characteristics 4.18.3

Question 1

List as per The Equality Act 2010

Answer 1

Age - not protected in Criminal Law in regards to offences
Disability
Gender reassignment
Marriage and civil partnerships - not protected in Criminal Law in regards to offences
Race
Religion or belief
Sex - not protected in Criminal Law in regards to offences
Sexual orientation

Pregnancy and Maternity are dealt with separately in the Act

Question 2

Age (s5) 4.18.3.1

Answer 2

Any grouping could be protected

Provisions are made where age discrimination IS permitted:

Financial services
Age based state allowances/benefits
Private clubs or associations catering for a particular age group
Positive action measures
Objective justification 

Persons aged 18 and under do not benefit from the protections in goods, services and public functions

Question 3

Disability (s6) 4.18.3.2

Answer 3

Includes this who have had, as well as continue to have a disability

Schedule 9 fleshes out the nature of disability to include:
Physical
Sensory impairment (sight/hearing)
Mental impairment (includes learning difficulties, Aspergers, dyslexia, MH issues, etc.)
Long term illness such as cancer or HIV are included

The focus is on “evidence of long-term* adverse effect”

*Long term - has lasted/likely to last 12 months or the lifetime of the person affected

Question 4

Gender Reassignment (s7) 4.18.3.3

Answer 4

In respect of anyone having completed, is undergoing or at the beginning of their process (Male-female or female-male)

Legal principal in law is - gender assigned at birth - PI may result in discrimination in respect of the police service and offering go employment

Question 5

Marriage and Civil Partnership (s8) 4.18.3.4

Answer 5

Not being married or in civil partnership - not protected

The Marriage (same sex couples) Act 2013 confers the same rights on those of same sex in a marriage - applies to all existing and new law in England and Wales

Question 6

Race (s9) 4.18.3.4

Answer 6

Covers colour, nationality or ethnic/national origins
(held that discrimination based on country of origin can be discriminated against)
Groups within national origins can be protected (Jews, Romany Gypsies and Irish Travellers, for example). However, held that Scots, Wesh and English are NOT an ethnic group.
Caste is included (Brahmin, Kshatriyas and Shudra communities).

Question 7

Religion or Belief (s10) 4.18.3.6

Answer 7

In line with ECHR Article 9 (freedom of thought, conscience and religion).

There must be a clear structure and belief system

Denominations or sects within a religion included (ie Protestants and Catholics within Christianity)

Held that prohibition of visible wearing of symbols in breach.

Held that NOT in breach where other grounds or protected characteristics infringed (ie Health and safety or refusal to accept same sex marriage as ‘against god’).

‘Belief’ in climate change can be seen as a protected characteristic under this section

Question 8

Sex (s11) 4.18.3.7

Answer 8

Seeks to ensure parity and non-discrimination based on shared physical characteristics.

For equal pay, for instance, need to demonstrate like for like work (held that where an officer could not complete night shift due to child care issues - was NOT entitled to same pay as officer able to complete those same shifts without restriction)

Question 9

Sexual Orientation (s12) 4.18.3.8

Answer 9

Where the person is attracted to same sex, opposite sex or both - by extension this may also include non-binary, asexual or demi-sexual.