What Types of Discrimination are Not Covered in the Equality Act 2010?

The Equality Act 2010 is a law in England, Scotland, and Wales. It pulls together previous equality laws into one piece of legislation. It aims to stop unfair treatment and promote a fair and equal society. The Act lists protected characteristics, like age, disability, and race. Discrimination against these characteristics is forbidden at work, in education, and when using services.

But the law does not cover every type of discrimination. Some groups and situations fall outside it. Some people experience unfair treatment that the Act does not protect. This can create confusion or disappointment. People often expect that more types of discrimination are against the law.

This guide covers what types of discrimination are not covered by the Equality Act. It highlights gaps in the law and discusses areas where people might expect protection but do not get it.

Protected Characteristics Under the Act

First, it is helpful to know exactly what is protected. The Act covers:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including nationality, ethnicity, and colour)
• Religion or belief
• Sex
• Sexual orientation

Discrimination outside these characteristics is not covered by the Act.

Appearance-Based Discrimination

The law gives no protection against discrimination based on personal appearance. This means:

• Height
• Weight
• Attractiveness
• Facial features

Employers can treat someone less favourably just because of their looks, unless it links to a protected characteristic like disability. People often think this kind of discrimination is unfair, but the law does not prevent it.

Being refused a job because of tattoos, piercings, or unusual hairstyles is allowed, unless those styles are part of religious practice. Employers may have dress codes or ‘professional appearance’ policies. These are legal unless they indirectly discriminate against a protected group.

Socio-Economic Status

The law does not protect people from discrimination based on wealth, class, or family background. If someone faces unfair treatment due to:

• Poverty or financial position
• Social class
• Occupation of parents

this is not unlawful under the Equality Act.

For example, turning down a job candidate because they went to a state school, rather than a private school, is not unlawful discrimination. Some think this type of bias widens social divides. The law offers no remedy in such cases.

Political Belief or Affiliation

The Equality Act does not protect political beliefs or party membership. For example:

• Supporting a particular political party
• Holding left- or right-wing views
• Being an activist for a political cause

Unfair treatment at work or in public life for political opinions is not covered. There are rare exceptions, where a belief has the same threshold as religion or belief under the Act. But everyday political opinion is not included.

Personality and Character Traits

Prejudice against someone for character or personality is not covered. This includes:

• Being shy or outgoing
• Being considered difficult or too quiet
• Work ethic or sense of humour

An employee who is treated less well because they are introverted, or because they stand out at work, is not protected by the Equality Act. The law does not require employers or service providers to act neutrally towards all personalities.

Non-Protected Relationship Status

The Act covers marriage and civil partnership. Unmarried couples who are only living together, divorced people, and those in casual relationships are not protected. Discrimination because:

• Someone is single,
• In a boyfriend/girlfriend relationship outside marriage,
• Divorced or separated,

is not covered, except in indirect cases where it links to another protected characteristic.

For example, turning away a single person from a rental property is not discrimination. People living together but not in civil partnership or marriage do not have specific legal protection.

Criminal Record or Past Behaviour

People who have previous convictions or criminal records are not protected under the Equality Act. This affects:

• Job applicants refused work due to criminal history
• Employees dismissed because of past offences

The law allows employers to turn someone down for jobs because they have a criminal record, except in certain special cases (for example, spent convictions under the Rehabilitation of Offenders Act). But the Act does not treat this as discrimination.

Language or Accent

Being treated unfairly due to the language you speak or your accent is not directly protected unless it relates to race or nationality discrimination. For example:

• Preferring those with local or “standard” accents
• Negative treatment for speaking with a strong regional accent

This only becomes illegal discrimination if it links directly to nationality, ethnicity, or race. Discrimination purely because of accent or dialect, with no racial aspect, is not covered.

Hobbies and Interests

People with particular pastimes or interests are not protected. Discrimination for:

• Playing video games
• Enjoying sports
• Being part of a club or hobby group

does not fall under the Act. Employers and service providers can lawfully treat people less well based on their personal interests, so long as it does not link to a protected characteristic.

Appearance of Disabilities Not Covered by the Act

The Act protects those with a ‘disability’. This usually means a long-term physical or mental impairment that has a substantial adverse effect on daily activities.

Milder conditions, short-term problems, or subjective views of poor health are not always covered. Sometimes people do not meet the legal definition of ‘disability’ and can face unfair treatment without legal protection.

Examples:

• A minor injury that lasts a few weeks
• Stress that does not affect day-to-day life long term

If these do not fit the disability definition, the law does not protect people experiencing discrimination due to them.

“Reverse” Discrimination

People sometimes think the Act protects against discrimination by underrepresented or disadvantaged groups against more powerful ones. The law is designed to protect everyone equally if they hold a protected characteristic. But the Act allows measures such as positive action (special help to minorities) which are not unlawful discrimination.

For example:

• Female-only training opportunities can sometimes be legal if designed to help equalise workplace representation.

Being excluded because you are not part of a minority or protected group does not always count as unlawful discrimination.

Medical Conditions Not Counted as ‘Disability’

Some health conditions are excluded from protection. For example, addiction to non-prescribed drugs or alcohol is not classed as a ‘disability’ under the Act. Discrimination for these is not covered. Some conditions with very minor or short-term impacts do not count either.

You may have a medical issue that significantly affects your life for a short time – such as a broken leg. If it will heal within a year and you expect a full recovery, the law does not classify this as a disability. The sponsor of a sports team, for instance, could legally sack a player for being temporarily unable to play due to injury, if their contract allows for this.

Immigration Status

Discrimination for being a migrant, asylum seeker, or having restricted immigration status is a grey area. The Act covers ‘race’, which includes nationality. But specific issues tied to the right to live or work in the UK are not included. Employers and landlords are allowed to check immigration status.

Examples:

• Refusing to offer a service to someone from abroad, if not based on race, can be lawful.
• Denying work to those with limited right to work in the UK is not covered.

Number of Working Hours and Working Patterns

The law protects against discrimination relating to pregnancy, maternity, and part-time work in some ways. But working patterns such as shift length, compressed weeks, or zero-hours jobs are not characteristics protected under the Act. People can be treated differently because of the hours or patterns they work—unless this links to another protected group.

Health and Lifestyle Choices

Making choices about health, such as smoking, drinking, or diet, are not protected by law. An employer can refuse to hire smokers. A landlord could object to tenants who keep a particular diet or take part in extreme sports, unless this diet is part of a protected religion or belief.

Non-Religious Beliefs Not Meeting Legal Tests

The Equality Act covers religion and ‘philosophical belief’. To qualify, a belief must:

• Be genuinely held
• Concern a weighty and substantial aspect of human life
• Have a certain level of seriousness and importance

Some personal beliefs are too trivial or narrow to count. For example:

• Support for a particular football team
• Belief that people should eat a certain food for health

Beliefs that do not meet the legal threshold will not be protected. Someone sacked for being a football fan cannot claim discrimination.

Club and Association Membership

Belonging or not belonging to clubs or informal groups, unless linked to a protected characteristic, is not covered. Discrimination for being a member of a sports team, neighbourhood group, or private club is lawful under the Act.

Regionalism and Local Prejudice

Sometimes people face bias for being from a particular town or region within the UK, such as being from the North or South, or from a specific county. Regional accent and culture, unless directly tied to ethnic origin, are not protected. Treating someone unfairly because of their local roots is allowed in most cases.

Being Overqualified or Underqualified

Employers may reject candidates for being too qualified or not qualified enough without breaking the law. These characteristics do not have protection.

Lack of Experience or Skills

Treating candidates less favourably because of their level of experience or skill is legitimate, unless it relates to age or disability.

Family Circumstances Not Covered

The Act does not protect people facing discrimination because they:

• Have no children
• Grow up without parents
• Care for siblings or other relatives

Except where parenthood ties to sex or marital status, the Act gives no right to complain.

Final Thoughts

The Equality Act 2010 covers certain specific types of discrimination, mainly those related to identity characteristics like race, sex, age, disability, and religion. Many other types are outside the law. Discrimination based on looks, social class, political views, lifestyle, experience, criminal record, and some local or personal factors is not illegal.

If you face unfair treatment for reasons not included in the law, there may be little protection unless it links to a characteristic the Act covers. Some people and groups campaign for more types to be protected. At present, the law leaves gaps.

Always check if your situation relates to the protected characteristics. If it does not, fairness and workplace policies may be the only help available. Speak to your employer, union, or advisory body if unsure.

If you want to learn more about what is and is not protected, consider seeking independent advice. Knowledge of your rights is valuable when seeking fair treatment.