Recognising protected characteristics: what employers need to know

From Equality Act compliance to supporting neurodiversity and creating a safe workplace.

If you manage people, you probably know that protected characteristics exist. What's often less clear is what the law expects you to do with that knowledge day to day. Do you need to spot them? Wait to be told? Something in between?

This page is a plain-English reference to help. It covers the nine protected characteristics,, where the protection applies, and a question many guides skip: do employers need to recognise a characteristic, or is it up to the employee to tell you?

We're Brain in Hand, a coaching platform that helps neurodivergent people, including autistic and ADHD people, achieve more at work. Over half of our team is neurodivergent, so this topic is close to home for us.

A quick note: this page is general information, not legal advice. If you're dealing with a specific situation, it's worth speaking to an employment law professional or contacting Acas.

What are protected characteristics?

Protected characteristics are specific personal traits legally safeguarded from discrimination, harassment, and victimisation. In England, Scotland and Wales, they come from the Equality Act 2010. Northern Ireland has its own equality laws.

There are nine of them. The Act protects people from direct discrimination, indirect discrimination, harassment and victimisation connected to these characteristics. In practice, that means decisions about hiring, pay, training, promotion and dismissal shouldn't be influenced by them.

We've covered the Act itself in more detail in our guide to the Equality Act 2010, so we won't repeat all of that here.

The nine protected characteristics

Here's a quick reference. Each row covers what the characteristic means in plain terms and one thing worth knowing at work.

Do employers need to recognise them, or is it on the employee to disclose?

This is the question we hear most from managers, and the honest answer is: a bit of both, and neither completely.

Nobody has to tell their employer about a protected characteristic. And employers aren't expected to guess. But employers are still responsible for treating people fairly, whether or not anyone has disclosed. 

Why disclosure isn't always simple

Let's start with neurodivergence, because it shows the challenge clearly.

Many neurodivergent conditions appear invisible. A manager can't see them, and the person may not have a diagnosis, or may be waiting for one. Choosing to share is rarely a simple yes or no. It can be tied up with:

There is encouraging news too. In the UK, the City & Guilds Neurodiversity Index 2025 found that 55% of people who had shared their condition at work got an "okay to good" response, up from 42% the year before. Things are moving in the right direction, and employers play a big part in that.

What the law says

The protection of the Equality Act applies whether or not an employer has formally "recognised" a characteristic. Someone is covered because of who they are, not because of what the employer has noted down.

For disability, the duty to make reasonable adjustments applies when an employer knows, or could reasonably be expected to know, that someone is disabled. Acas explains that this can be the case even if the person hasn't said anything directly. For example, a manager might notice repeated difficulties, changes in how someone is coping, or time off that suggests they could benefit from support.

In that situation, Acas guidance suggests talking to the person about what you've noticed and asking what would help. It also advises against trying to diagnose someone or asking direct questions such as whether they have a particular condition. Only a medical professional can diagnose.

A more helpful question to ask

So rather than asking "how do I spot a protected characteristic?", it can help to ask, "how do I treat everyone fairly, and make it easy for people to tell me what they need?"

In practice, that can mean:

Not making assumptions. Don't assume someone isn't neurodivergent because they seem confident or perform well. Equally, don't assume someone is because of how they work.

Making it feel safe to speak up. Ask everyone what helps them do their best work, not just people you think might need something. Make it clear who to talk to, and be clear about how information will be kept private.

Not asking for proof before being fair. Someone doesn't need to hand over a diagnosis for you to have a supportive conversation. Our guide to reasonable adjustments answers the "do you need a diagnosis?" question in more detail.

Where does this apply at work?

Protection runs through the whole employment journey. That includes:

- Recruitment. Job adverts, shortlisting, interviews and job offers.

- Terms and conditions. Pay, hours, benefits and contracts.

- Day-to-day working life. Training, development, opportunities and how people are treated by managers and colleagues.

- Promotion and transfers. Who is put forward, and why.

- Dismissal and redundancy. How decisions are made and how they're explained.

The Equality Act also applies outside work, in areas such as education, using services and renting or buying property. This page focuses on the workplace.

For disabled applicants, adjustments can start before day one. 

What isn't a protected characteristic?

Some things are often assumed to be protected when they aren't. Here are a few common ones.

Socioeconomic status. Someone's background, income or where they grew up isn't a protected characteristic under UK law.

Political opinion. Supporting a political party isn't protected in itself. Some deeply held beliefs can qualify as philosophical beliefs, but they need to meet specific legal tests.

General appearance and dress preferences. Personal style isn't protected, unless it's linked to a protected characteristic. Religious dress is a common example.

Not being on the list doesn't mean anything goes. Other laws and good employment practice still apply, and treating people with respect is the right thing to do anyway.

Summary

There are nine protected characteristics, and the table above gives you a quick reference for each. The key point from this page is that nobody has to tell you about a characteristic for the law to protect them, and you're not expected to guess.

That's especially true for neurodivergence, where many people have good reasons for keeping things private. What helps most is being consistent: don't assume, make it safe to talk, and don't ask for proof before being fair.

Respecting protected characteristics isn't about identifying or labelling people. It's about treating everyone fairly, every day.