In this article
If you feel unsure about the meaning of indirect discrimination, don’t worry – we have you covered. The Equality Act 2010 protects you against any form of discrimination. Whilst indirect discrimination is a less obvious form, 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. You can also contact one of our specialist solicitors on 020 3007 5500.
What is indirect discrimination?
Indirect discrimination occurs when:
- A body implements a practice, policy or rule…
- … which applies to everyone in the same way…
- … but puts certain protected groups at a disadvantage.
A claim is only valid if all 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.
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Who can be a victim of indirect discrimination?
Indirect discrimination covers a lot of protected characteristics. It applies to disadvantages caused by the following:
- Age
- Sex
- Marriage or civil partnership
- Disability
- Sexual orientation
- Pregnancy and maternity
- Race
- Religion or beliefs
- Gender reassignment
Examples of indirect discrimination.
Highlighted below are three examples of indirect discrimination:
Example 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. Women are generally more likely to be their children’s carers.
Example 2 – Another example of indirect discrimination would be a height requirement for a job. This is in spite of height having little influence over the job. Such a condition would likely discriminate against women (and some minority ethnic groups.) This is because they are generally shorter than the average UK man.
Example 3 – You need all your staff to work on Sundays. Bringing in this rule may discriminate against certain religious people.
What’s the difference between direct and indirect discrimination?
Direct discrimination is where the discriminator treats you differently due to a characteristic. For example, a younger and an older person have the qualifications and skills. The employer may choose the younger person because they feel they will be more tech-savvy.
In contrast, indirect discrimination is being treated the same. Yet, it still puts certain groups at a disadvantage. For example, say you didn’t get a job because it requires all workers to have a driver’s licence. Indirect discrimination can apply if you have a disability. If it affects your ability to drive, it may be unreasonable for the company to deny you a job.
Have an indirect discrimination issue?
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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 practice, policy or rule has a good reason for being in place, it is lawful. The implementer may need to provide this reasoning in court, if necessary.
Here's an example...
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. This is not discriminatory to someone with a disability that affects their driving. This is because this requirement is essential to perform the role.
What if you’re a victim?
If you feel you have grounds to argue indirect discrimination, you have three options:
- Complain 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.
If you cannot take the issue up with someone in the organisation, you’ll have to go outside of regular company procedures. This is where option 2 or 3 will come in.
How can Britton and Time Solicitors help?
If you’re facing a form of discrimination, we recommend consulting one of our solicitors. Our solicitor’s guarantee you:
- A fair resolution to your case.
- Clear guidance on your position and available options.
- Expertise in dealing with complex discrimination matters.
- Award-winning service.
For more information, please visit our discrimination page. Also, you can call our solicitors directly on 020 3007 5500.
Very helpful! Thank you
Thank you Dave! I’m glad you found our article on indirect discrimination helpful.
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