What is the difference between direct and indirect discrimination?
Direct and indirect discrimination are two of the four types of discrimination covered by the Equality Act 2010 (the others being harassment and victimisation); the differences being as follows:
Direct discrimination occurs when an individual is personally discriminated against due to a protected characteristic such as sex, sexual orientation, religion, race, or disability. An example might be if a person is not selected for a job because they are over a certain age or pregnant.
Indirect discrimination occurs when a policy or rule affects a wider group of people (e.g. all employees), but some people are more unfairly affected than others. An example of indirect discrimination might be whereby a job advert discriminates indirectly on age because it asks for people with ten years of experience rather than focusing on their skills and qualifications.
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To ensure your business is able to avoid any potential for direct discrimination or indirect discrimination and to review your HR processes, rules, and procedures for compliance with the Equality Act 2010, speak to one of our expert employment lawyers at LawBite.
Additionally, if your business is facing a discrimination complaint, our team will be able to explain the options available and manage the claim process on your behalf, using alternative dispute resolution methods (ADR) where possible.