What you need to know about ‘Protected Characteristics’ and the risks of getting it wrong

A recent UK employment tribunal ruling has made headlines by recognising Voodoo as a protected belief. While this may surprise some employers, it serves as a timely reminder of the breadth of the Equality Act 2010 – and the legal responsibilities businesses have to their staff.

What Are Protected Characteristics?

Under the Equality Act 2010, it is unlawful to discriminate against employees based on nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

These protections apply throughout the employment relationship, from recruitment to dismissal, and even beyond, in post-employment references. Discriminatory behaviour – whether direct, indirect, or through harassment and victimisation – can result in costly legal claims and reputational damage.

A wake-up call for employers?

In a landmark decision, a UK employment tribunal ruled that Voodoo is a protected religious belief. This ruling underscores that beliefs are widely interpreted under the law, and employers must tread carefully when dealing with employees’ personal beliefs and practices.

For employers, this means policies must be robust, fair, and applied consistently. It is not for businesses to decide what qualifies as a “real” religion or belief – the law does that. Instead, employers should focus on fostering an inclusive workplace that respects all legally protected characteristics.

Why protected characteristics matter to your business

Ignoring or misunderstanding protected characteristics can have serious consequences. Employment tribunal claims can result in unlimited financial penalties in discrimination cases. But beyond the financial risks, workplace discrimination can lead to low morale, which in turn results in a decrease in productivity and increased staff turnover. It can also damage your reputation as an employer making recruitment harder.

Conversely, businesses that embrace inclusivity and fairness benefit from a more engaged workforce, better staff retention, and a stronger employer brand.

How can you reduce risk?

Understanding protected characteristics is just the start. Employers must take proactive steps to mitigate risks, including:

Reviewing policies – Ensure equality, diversity, and inclusion (EDI) policies reflect current law and best practices.

Training staff – Equip managers and employees with training on discrimination and unconscious bias.

Handling complaints properly – Have a clear process for handling discrimination complaints to prevent escalation.

Seeking legal advice – When in doubt, consult an employment law expert to navigate complex situations.

Employers who proactively educate themselves on protected characteristics and take steps to create an inclusive workplace will not only avoid legal pitfalls but will also cultivate a thriving, engaged workforce.

Now is the time to review your policies, train your teams, and ensure compliance. If you need support in safeguarding your business against discrimination claims, our employment law specialists can help.