UK employment law distinguishes between several types of discrimination. The two most common are direct discrimination and indirect discrimination, both prohibited under the Equality Act 2010.
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic compared to how someone without that characteristic would be treated. For example:
- Not shortlisting a candidate because of their age
- Paying a woman less than a man for the same role purely because of her sex
- Refusing to promote someone because of their race
Direct discrimination is almost never justifiable, except in cases of age discrimination where an employer can show the treatment is a proportionate means of achieving a legitimate aim.
Indirect Discrimination
Indirect discrimination happens when an employer applies a provision, criterion, or practice (PCP) that appears neutral but puts people with a particular protected characteristic at a disadvantage. For example:
- Requiring all staff to work full-time may indirectly discriminate against women who are more likely to have childcare responsibilities
- A "no headwear" policy may indirectly discriminate against certain religions
- Requiring five years' UK experience may discriminate against certain nationalities
Indirect discrimination can be justified if the employer can demonstrate the PCP is a proportionate means of achieving a legitimate aim.
Other Types
The Equality Act also covers harassment, victimisation, and discrimination arising from disability. Employers should have clear workplace policies addressing all types.
Our discrimination claims specialists can help you prevent and manage these issues. Get expert advice.