The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.
Cases considering section 4 54
Kristie Higgs v Farmor's School
Religion or belief is a protected characteristic. Read with section 13, it extends to manifestation of belief but subject to objective justification under the Page approach (see paras [47]; [54]-[56]; [83]-[88]).
Dr David Mackereth v The Department for Work and Pensions & Anor
Section 4 identifies religion or belief as a protected characteristic. The court held that the claimant’s specific beliefs or lack of belief, rather than Christianity in the abstract, had to satisfy the statutory definition. (see paras [107]-[120])
Cornerstone (North East) Adoption And Fostering Service Ltd, R (On the Application Of) v The Office for Standards In Education, Children's Services And Skills
Defines sexual orientation and religion or belief as protected characteristics for the purposes of the Act. The judgment applied those protected characteristics to the recruitment policy. (see paras [78], [179]-[180])
- Goloshvili, R (On the Application Of) v Secretary of State for the Home Department
- Diocese of Menevia & Ors, R (on the application of) v City and County of Swansea Council
- R v Secretary of State for Work and Pensions
- R v Secretary of State for Justice
- Akerman-Livingstone v Aster Communities Limited
- CKT & Anor, R (on the application of ) v Twyford Church of England Academies Trust & Ors
- Allison Bailey v Stonewall Equality Ltd & Ors
- Huda Ammori, R (on the application of) v Secretary of State for the Home Department
- Page v NHS Trust Development Authority
- Gray v Mulberry Company (Design) Ltd
- Ali v Capita Customer Management Ltd (Rev 2)
- Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust
- In the matter of M (Children)
- Chief Inspector of Education, Children's Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 2)
- Greater Manchester Police v Bailey
- Naeem v The Secretary of State for Justice
- Coll v Secretary of State for Justice
34 more judgments, and what each says about section 4, are in the case-law panel in the full Act.
34.This section lists the characteristics that are protected by subsequent provisions in the Act.
35.The protected characteristics listed are the same as those protected by previous discrimination legislation in Great Britain.