Indirect discrimination can be more difficult to spot than direct discrimination. It’s when you’re treated in the same way as other people at work, but it has a worse effect on you because of who you are - for example, because of your religion or because you’re a woman.
Indirect discrimination is unlawful under the Equality Act 2010. If you've experienced unlawful discrimination at work, you may be able to do something about it.
Read this page to find out more about indirect discrimination at work.
When is it indirect discrimination? Indirect discrimination is when an employer has a practice, policy or rule which applies to other people at work in the same way and so seems fair, but it has a worse effect or particularly disadvantages you and other people like you because of who you are.
You can challenge a workplace practice, policy or rule, if it disadvantages you because of your:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation
The Equality Act calls these things protected characteristics.
In some situations, an employer can justify indirectly discriminating against you. This will be allowed where the employer has a good business reason for applying the policy, rule or practice and they've considered its impact on people who share your situation.
When might it not be indirect discrimination?Justifying discriminationIf you make a complaint about indirect discrimination, your employer may be able to justify discriminating against you. To justify discrimination, they would have to show they have a good business reason for discriminating against you. The Equality Act calls this a legitimate aim. The employer can't just say they have a good business reason for discriminating against you, they must be able to show it.
Examples of reasons employers often use to try to justify discrimination are:
ensuring the health and safety of its employees
running a profitable business
business efficiency and reducing costs.
But something may not be a good enough business reason if the employer could have done things in a less discriminatory way. This means the employer must show they thought about the discriminatory effects of the decision or action they took and that it was necessary to act in that way. The Equality Act says the employer must show the decision is a proportionate means of achieving the legitimate aim.
Your employer can’t justify discriminating against you just by saying it’s necessary to reduce costs. However, costs can be taken into account as part of the justification if the employer can show there are other good business reasons for the discriminatory treatment.