What the law says - Using protected characteristics to make decisions

Under the law (Equality Act 2010), in certain circumstances employers can:

• take action based on a particular protected characteristic
• justify a business decision that affects people with a particular protected characteristic

This can help:

• someone or a group of people who are disadvantaged or underrepresented in the organisation
• the organisation's diversity and inclusion
• to fulfil a specific need for the employer

Employers can do this through either:

• positive action
• objective justification

The protected characteristics under the law are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Contact the Acas helpline

If you have any questions about using protected characteristics to make a decision at work, contact the Acas helpline.