What Is Indirect Discrimination? Everything You Need To Know.

If you feel unsure about what is meant by indirect discrimination, don’t worry. You’re not alone. The Equality Act 2010 legally protects you against any form of discrimination. Therefore, although indirect discrimination is a less obvious form of discrimination, it’s still illegal.

But, how do you know if you’re a victim of indirect discrimination? And what do you do if you are? Our employment solicitors outline everything you need to know in this recent article.

For any further questions, please don’t hesitate to visit our discrimination page or contact one of our specialist solicitors directly on 01273 726951.

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What is indirect discrimination?

Indirect discrimination is when a practice, policy or rule is implemented, which applies to everyone in the same way, but puts certain protected groups at a disadvantage.

A claim is only valid if all of the following applies:

• There’s a policy, practice or rule which applies to everybody in the same way.
• It places people who share a protected characteristic at a disadvantage.
• The person implementing the policy, practice, or rule can’t show there’s a good enough reason for it.

If an organisation can show there is a good reason for its policy, it’s not indirect discrimination. In this instance, it’s known as objective justification.

Indirect discrimination examples:

Highlighted below are three examples of indirect discrimination:

1. There’s a clause in your contract which says you may have to travel around the UK at short notice. It may be difficult for you to do this if you’re a woman with young children, as women are generally more likely to be their children’s carers.

2. Another example of indirect discrimination, maybe a minimum height requirement for a job where height is not relevant to carry out the role. Such a condition would likely discriminate disproportionately against women (and some minority ethnic groups) as they are generally shorter than the average UK man.

3. You require that all your staff work on Sundays. Brining in this rule may discriminate against people of certain religions who cannot work on this day.

What’s the difference between direct and indirect discrimination?

Direct discrimination is where the discriminator treats you differently due to one of your protected characteristics. For example, a younger and an older person have the same web-design qualifications and skills. Still, the employer chose the younger person because they feel a younger person will be more tech-savvy.

In contrast, as highlighted above, indirect discrimination is when the discriminator treats you the same as everyone else, and it puts certain groups at a disadvantage. Say you didn’t get a job because it requires all workers to have a driver’s licence. If your disability prevents you from driving and the requirement to obtain a driver’s licence is unreasonable, it’s indirect discrimination.

Can indirect discrimination be lawful?

In some instances, indirect discrimination can be lawful. The Equality Act 2010 says it’s not indirect discrimination if the person applying the practice, policy or rule, can show a good enough reason for its implementation. The implementor may need to provide this reasoning in court, if necessary.

For example, say Papa John’s pizza needs a delivery driver. Papa John’s states that they want all applicants to have a valid UK motorcycle licence. In this situation, it’s not indirect discrimination against someone with a physical disability that prevents their ability to ride a motorcycle because they can prove this requirement is essential to perform the role.

What do you do if you’re a victim?

After reading this article, if you feel you have grounds to argue indirect discrimination, you have three options, which are:

• Complain directly to the person or organisation discriminating.
• Seek a resolution outside of the courts using alternative dispute resolution methods.
• Approach a solicitor to make a claim in the civil court or at the employment tribunal.