The case for socio-economic background as a protected characteristic

In the UK, equality legislation provides protections against discrimination on the grounds of specific characteristics. The Equality Act 2010 enshrines nine protected characteristics, including race, sex, and disability, ensuring individuals are not disadvantaged in employment and wider society. However, socio-economic background remains absent from this framework, despite compelling evidence that individuals from lower socio-economic backgrounds face systemic barriers to advancement, particularly in leadership roles within the public and private sectors.

While discussions around socio-economic status as a legal protection have ebbed in recent years, global economic shifts, cost-of-living crises, and increasing disparities in opportunity have reignited the need for renewed focus. In my opinion, now, more than ever, embedding socio-economic background as a protected characteristic is crucial to ensuring fair access to employment, leadership, and social mobility.

The Current Legal Landscape

The Equality Act 2010 provides a strong foundation for anti-discrimination measures, yet it does not explicitly address socio-economic background as a characteristic requiring legal protection. The public sector duty regarding socio-economic inequalities – passed by the Labour government in 2010 under the act– was never brought into force in England. Some initiatives, such as socio-economic recruitment targets and contextual hiring frameworks, have sought to mitigate inequality. Yet, without formal recognition as a protected characteristic, enforcement and accountability remain inconsistent and limited.

The Case for Protection

1. Systemic Barriers to Opportunity: research indicates that individuals from lower socio-economic backgrounds face obstacles in career progression, with fewer networking opportunities, limited access to elite education, and unconscious bias in hiring. A 2021 Social Mobility Commission report found that only 18% of senior civil servants came from working-class backgrounds, despite this group comprising a significant portion of the UK population (Social Mobility Commission, 2021). Additionally, multiple studies by the Sutton Trust highlight that professionals across a range of industries from engineering to the performing arts from lower socio-economic backgrounds experience a ‘class pay gap,’ even when qualifications and experience are equivalent (Sutton Trust).A report by the Bridge Group found that in the law profession, those from lower socio-economic backgrounds take a year and a half longer on average to reach partner than their colleagues from higher socio-economic backgrounds. Unpaid internships and informal networking further exacerbate these disparities, providing advantages to individuals with existing social capital while excluding those without these connections.The 93% Club, a network dedicated to supporting state-educated students and professionals, has highlighted the significant disadvantages faced by individuals who did not attend private schools, particularly in accessing top careers (The 93% Club). Their work demonstrates that systemic barriers persist even for those with strong academic credentials, reinforcing the need for targeted interventions.

2. Ensuring Fair and Inclusive Leadership: the lack of socio-economic diversity at executive levels reduces the breadth of lived experience in decision-making bodies. Recognising socio-economic background as a protected characteristic would encourage organisations to monitor and address socio-economic disparities in leadership, ensuring diverse perspectives inform public policy and corporate governance.
3. Addressing Social Mobility Stagnation: recent economic downturns have worsened inequality, particularly for younger generations facing barriers to career advancement. Educational disparities further contribute to the problem, as access to prestigious universities—a key determinant of career progression—remains disproportionately limited for individuals from lower socio-economic backgrounds. Contextual recruitment (a hiring approach that considers a candidate’s achievements and potential in the context of their personal, educational, and socio-economic background) data suggests that even when disadvantaged students achieve high academic results, they are still less likely to secure top-tier jobs. Establishing socio-economic background as a protected characteristic would mandate organisations to assess their hiring and progression policies, removing systemic disadvantages and promoting merit-based advancement.

Challenges and Counterarguments

Opponents argue that defining socio-economic background as a protected characteristic is complex due to its fluid and subjective nature. Unlike race or sex, socio-economic background is not always a fixed identity and may change over time. Additionally, some believe that existing policies, such as contextual hiring and apprenticeships, sufficiently address socio-economic based disparities without necessitating legal protection.

However, without a legal mandate, these efforts remain voluntary and lack the enforcement mechanisms needed for widespread impact. Formal recognition would standardise accountability and embed socio-economic diversity into organisational frameworks in the same way as sex and race protections have done.

Conclusion

While previous discussions on socio-economic protection have faded, the current cost of living climate makes it a pressing issue once again. The existing legal framework provides strong anti-discrimination protections but falls short of addressing the deeply embedded barriers tied to socio-economic background.

Recognising socio-economic background as a protected characteristic under the Equality Act 2010 would not only promote fairness and meritocracy, but also ensure that leadership in the UK is reflective of the broader society it serves. As inequality persists, failing to act risks entrenching social immobility and undermining the principles of equal opportunity that underpin the UK’s legal and ethical standards and advancement of our society and values.

Ed spoke to UK Recruiter, discussing why employers should focus on increasing social mobility.

With over 20 years’ experience of delivering leadership and public appointments for the education and wider public sector, Ed Pritchard brings a deep knowledge of the education system and an international network of cross-sector executive, non-executive and political connections.

Having previously developed and led one of the country’s foremost education executive search practices, he has a national reputation for exceptional client delivery. His career has been built on one simple mantra: clients and candidates first. His track record ranges from entire top-team restructures and single leadership roles to high profile public and Crown appointments. His career spans the education, government, health and charity sectors – across the UK and beyond. Ed is a former Chair of an outstanding multi-academy trust and remains involved as a Member. He also provides his sector expertise as an ex-officio advisor to the remuneration committee of a major university.

You can connect with Ed on LinkedIn or email him at ed.pritchard@andersonquigley.com.