Indirect discrimination Definition

GLOSSARY

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What does Indirect discrimination mean?

The concept whereby an employer applies a provision, condition or practice which disadvantages a particular group of people on grounds of one of their protected characteristics such as age or disability.

Indirect discrimination is one of the types of statutory discrimination. An employer is under a duty to ensure that any indirect discrimination is removed from the work environment. A person who suffers indirect discrimination is entitled to bring a claim against the employer.

Employment

View the related checklists about Indirect discrimination

Statutory claims that may be validly settled by a settlement agreement—checklist

Statutory claims that may be validly settled by a settlement agreement—checklist Most of the claims that may be brought in the employment tribunal derive from a jurisdiction created by statutory provisions. Each such set of statutory provisions will include a provision that prevents the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. These provisions are usually referred to as 'contracting-out provisions', and they appear in similar form in a wide variety of employment legislation, eg in the Employment Rights Act 1996 (ERA 1996), Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) and the Equality Act 2010 (EqA 2010). They are designed to protect claimants (or potential claimants) by preventing them from signing away their right to bring or pursue a claim without adequate safeguards having been observed. The basic rule is that any agreement reached...

Key policies for an organisation—checklist

Key policies for an organisation—checklist This Checklist identifies typical key policies an organisation should consider implementing and provides links to Lexis+® UK precedents you could use or adapt. Having effective policies and procedures in place will help a business to manage risk and will also help to demonstrate compliance in areas where having a policy is a regulatory requirement. NOTE: This Checklist is not intended to be an exhaustive list of every policy an organisation should have. Additional or alternative policies may be required to suit your organisation or to meet any industry or sector-specific regulatory requirements. General human resources policies Policy Aim of this policy Lexis+® UK precedents you could use or adapt (available subject to subscription) ☐ Adoption leave policy To set out an organisation’s policy on adoption leave and pay. Policy—adoption leave ☐ Anti-harassment and bullying policy To prevent bullying and harassment of employees in the workplace and/or on company business elsewhere (including at social events). Policy—harassment and bullying ☐ Carer’s leave policy To set out...

Indirect discrimination

This Practice Note considers unlawful indirect discrimination under the Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law prohibiting direct discrimination aims to achieve formal equality of treatment: there must be no less favourable treatment between otherwise similarly situated people on grounds of a protected characteristic•the law prohibiting indirect discrimination looks beyond formal equality towards a more substantive equality of results: criteria which appear neutral on their face may have a disproportionately adverse impact upon people of a particular protected characteristicThe main difference between the two is that indirect discrimination can be justified if it is a proportionate means of achieving a legitimate aim; direct discrimination cannot be justified, except in the case of age.For information on direct discrimination generally, see Practice Note: Direct discrimination.In the context of the protected characteristic of sex, examples of indirect discrimination might include:•an employer specifying that all workers must be at least...

Justification in discrimination claims

This Practice Note examines what is meant by justification, sometimes referred to as the ‘justification defence’, in the context of discrimination under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case lawDomestic laws that have been made to implement UK obligations under EU law, such as the obligation to implement a Directive (eg Directive 2000/78/EC, the Equal Treatment Framework Directive) are assimilated law. For further information, see Practice Note: Assimilated law.A proportionate means of achieving a legitimate aimUnlike direct discrimination (except direct age discrimination—see Age: both direct and indirect discrimination may be justified, below), indirect discrimination can be justified (see Practice Note: Indirect discrimination). The justification defence will be made out if the respondent can show that the provision, criterion or practice (PCP) amounting to indirect discrimination was a proportionate means of achieving a legitimate...

Discover our 138 Practice Notes on Indirect discrimination

List of issues to be determined

List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it...

ET1 grounds of claim—religion or belief: direct or indirect discrimination, harassment

ET1 grounds of claim—religion or belief: direct or indirect discrimination, harassment [Insert in para 8.2 of claim form ET1:] 1 The Claimant has been employed by the Respondent as a poultry processor since [insert date]. She is a Catholic. 2 On or about [insert date], the Respondent announced the introduction of a new rolling shift system, which would require all poultry processors to work on Sunday one week in every four. The Claimant objected to the new system on the basis that she attends religious services every Sunday. She explained her difficulty to her manager, Mr A, on or about [insert date]. He said “I didn’t realise you were a left-footer. Never mind, you can just confess to the old padre, eh?” The Claimant was offended and upset by these remarks. 3 The Respondent has implemented the new shift system and has required the Claimant to work on Sundays. 4 On or about [insert date], Mr A was arranging a party for poultry processors in the Claimant’s team. He did...

Dive into our 24 Precedents related to Indirect discrimination

Does an employer have to allow paid or other leave when an employee suffers a family bereavement?

Does an employer have to allow paid or other leave when an employee suffers a family bereavement? There is no specific statutory right to paid or unpaid time off for compassionate leave, except in the limited circumstances set out in the statutory right to time off for dependants (sometimes known as 'emergency leave'). However other statutory provisions may dictate the manner in which an employer responds in circumstances where an employee suffers a bereavement and these are discussed below. The first step is to check whether the employer already has in place a bereavement policy or another policy (such as a compassionate leave policy, an absence from work policy, or leave policy) which covers the situation. The employer should obviously follows the terms of, and guidance in, any such policy. Right to unpaid time off for dependants Although not amounting to as much as a right to bereavement or compassionate leave, there is a statutory right for employees (not workers) to reasonable unpaid time off to care for 'dependants'...

Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall?

Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall? The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also assumes that 'bank holiday' includes traditional public holidays, such as Good Friday and Christmas Day, which are not, in technical terms, 'bank' holidays. For further information in relation to bank holidays generally, see our Practice Note Holiday—Bank holidays and public holidays. For further information in relation to part-time workers generally and holiday arrangements for such workers, see our Practice Notes: • Part-time workers • Holiday—Part-time workers, annualised hours and other atypical working arrangements Bank holidays There is no statutory right to paid public holidays (or time off in lieu of them)—see Holiday—Whether there is a right to take a bank or public holiday as paid leave. However, many employers grant public holidays as holiday in...

See the 43 Q&As about Indirect discrimination

Public Law weekly highlights—24 October 2024

This week's edition of Public Law weekly highlights includesa number reports from Parliamentary committees, including on the Product Regulation and Metrology Bill which had second reading in the Lords. Also covered are private members’ bills, and a speech on judicial review by Mr Justice Fordham. Judicial review cases include Coulthard on the legality of immigration detention policies; the Welsh Language Commissioner’s challenge about withdrawal of a Welsh language scheme, and a challenge to the Stonehenge tunnel project. This edition also includes further updates on Brexit, Post-Brexit transition guidelines, Brexit SIs,Equality and human rights and other Public law news.

Home Office publishes Equality Impact Assessment on MIR

The Home Office has now published the equality impact assessment (EIA) for the changes to the minimum income requirement (MIR) policy for family applications introduced in April 2024 by the previous Conservative government (27 September 2024). The updated EIA is stated to include additional information sources and to address changes to the Immigration Rules in March 2024, and appears to have been updated around that time (under the previous administration). The EIA concludes that there could be negative discriminatory impacts, but the policy is Equality Act 2010 compliant. It is particularly interesting as it highlights the way in which the policy behind the MIR has changed from its post-2012 incarnation.

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