indirect discrimination equality act
1 Direct discrimination. This protects you from being treated badly because of something connected to your disability, such as having an assistance dog or needing time off for medical appointments. The Equality Act also protects people from discrimination arising from disability. If you cannot point to another person who has been treated better, it is still direct discrimination if you can show that a person who did not have your protected characteristic would have been treated better in similar circumstances. Direct age discrimination is defined as treating someone less… Disability discrimination . The following article explains indirect discrimination more thoroughly, detailing when it occurs, what legislation protects victims of discrimination and how an offence can be proven. United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. It covers the nine protected characteristics—of which age is one. In the UK, all kinds of discrimination, including direct and indirect discrimination, are prohibited by the Equality Act of 2010. If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service. Indirect discrimination occurs when: 1. Let's go through all of them. This is also discrimination. Accordingly in Colemanthe mother of a disabled child could claim for discrimination if her employer treated her less favourably (or harassed her) because of her child’sdisability. My company has requested we confirm in writing that we agree to be furloughed. The Equality Act 2010 calls this indirect discrimination. Top tips. It occurs when a policy applies, on the face of it, to everyone equally, however, in practice, it is such that some individuals are placed at a particular disadvantage by virtue of sharing a characteristic which is protected by the Equality Act. Indirect discrimination occurs when a company’s policies, procedures or rules which apply to everyone has the effect that people … It is illegal. Textphone: 0808 800 0084. Discrimination arising from disability (GB, Equality Act only). The Equality Act 2010 came into force in October 2010 and replaced various other previous legislation, including the Disability Discrimination Act (DDA). Indirect discrimination happens where a worker or group of workers or job applicants are treated less favourably as a result of requirements that they might find hard to satisfy. Phone: 0808 800 0082 Discrimination can occur in a number of different ways, with the most obvious being direct discrimination which refers to a person being treated less favourably because of who they are. Read this page to find out more about indirect discrimination. It is possible to be discriminated against by someone who shares the same protected characteristic as you. This is where someone treats you worse than others because of your disability. S. 5 Equality Act 2010 N Slewyn, Selwyn’s Law of Employment (16th edn; Oxford University Press, Oxford, 2011) p.141 S.13 Equality Act 2010 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11 per Lord Scott of Foscote . To get started simply click the link below. What does the Equality Act 2010 states about indirect discrimination? Section 19: Indirect discrimination Effect. The Equality Act sets out that if the person who applies the rule, policy or practice can demonstrate there was a good reason for it, they will not be liable for committing an offence. Narrow your search down to a particular town or county to find local solicitors that practice Employment law. Direct discrimination. People who share protected characteristics are disadvantaged 3. A policy, rule or practice is in place that applies to all people in the same way; and, People who share protected characteristics are disadvantaged, A person or group of people are personally disadvantaged, The person who applies the rules or procedures cannot demonstrate an adequate reason for it. Indirect discrimination definition. Direct discrimination. This is a publicly funded and independent service who seek to improve the relationship between employers and their... Can an ex employer (salon) stop me using pictures taken of clients hair on my own instagram account? It is unlawful unless the practice or criterion is objectively justified. Examples of indirect discrimination in the workplace. Direct discrimination. 9am to 7pm Monday to Friday Satish has recently moved to the UK from India. A person can only challenge or contest a practice, policy or rule that they believe to be indirectly discriminatory if they are personally affected by it. ... How employers can improve equality, diversity and inclusion in their workplace and what the benefits are. The legitimate aim cannot be discriminatory, though. Do Volunteers Have Any Employment Rights? In order to determine whether there has been indirect discrimination it is obviously important to understand when it can potentially arise. 19 Indirect discrimination | Equality Act 2010 | Legislation (1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. Sexual harassment is unacceptable, both on a moral and legal basis. To demonstrate that others have been affected, it will be necessary to show that people who share the protected characteristic are also at a disadvantage when compared to other people who are subject to the same rule, practice or policy. To be unlawful, the treatment must have happened in one of the situations that are covered by the Equality Act. Whilst I understand the need to furlough temporarily,... Use our find a solicitor service to find and compare the best Employment solicitors from around the UK. This section defines indirect discrimination for the purposes of the Act. If this happens, the person or organisation applying the policy must show that there is a good reason for it. To help prevent and protect victims of sexual harassment, laws are in place to encourage people to act appropriately and penalise those... ACAS is the abbreviated name given to the Advisory, Conciliation and Arbitration Service. Type: Employment law manual Disability discrimination Under this act, you can seek legal action against either a company or an individual if you have evidence that they are being discriminatory towards you in their words or actions. Indirect discrimination is defined at section 19 of the Equality Act 2010 and applies where a provision, criterion, or practice is applied to all, but in doing so puts a person with a protected characteristic at a particular disadvantage compared to others without the protected characteristic. If you are treated worse due to any other protected characteristic, it is unlawful direct discrimination whether or not the organisation or employer has a reason for it. No contract was given/signed, Pictures where taken within a public salon. At other times, a person may be treated in the same way as everybody else, but it has a different effect on them because of their age, sex, religion or sexual orientation for example. Now that you know what indirect discrimination is, we’re going to explain the different forms it can take in the workplace. The Equality Act 2010 replaced the Employment Equality (Age) Regulations 2006. S.19 Equality Act 2010 This is likely to be unlawful direct disability discrimination. Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic. Indirect discrimination occurs when a policy which applies in the same way for everybody has an effect which particularly disadvantages people with a protected characteristic. The aim of the Equality Act is to improve equal opportunities and fairness for colleagues and job applicants. There are four types of age discrimination. The Equality Act 2010 provides protection against unlawful discrimination, harassment and victimisation for the protected characteristic of 'disability'. Explore the Equality Act (2010) The Equality Act (2010) prohibits discrimination (whether direct or indirect) against people who possess one of the protected characteristics, listed above. Indirect discrimination is much more important for protected characteristics other than disability, eg sex or religion. Harassment. The Equality Act (2010) prohibits discrimination (whether direct or indirect) against people who possess one of the protected characteristics, listed above. Indirect discrimination involves applying a practice or criterion which is apparently neutral but has the effect of creating an barrier for those with a particular characteristic. Victimisation. Under the Act, it is unlawful to discriminate against people at work. This is known as objective justification. On the basis of age, however, employers may have an objective justification defence if, for example, they give older workers a better redundancy deal, as this would reflect the extra difficulties older workers face when losing their jobs. Indirect discrimination is defined in section 19 of the Equality Act. 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 Rare Times When Indirect Discrimination is Legal. The analysis is limited to direct and indirect discrimination, but there are other forms of liability and important questions that deserve attention in future. Examples of age discrimination in the UK . Equal Pay Act of 1963 – (part of the Fair Labor Standards Act) – prohibits wage discrimination by employers and labor organizations based on sex. Indirect discrimination. Summary. The Equality Act 2010 replaced the Employment Equality (Age) Regulations 2006. Discrimination occurs when a person is treated unfairly because of who they are. Will I be open to redundancy if I agree to furlough? What documentation do I need to give an estate agent when buying a house? These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Under the Equality Act 2010, there are four main types of discrimination: Direct discrimination. It had been thought that the Equality Act 2010 applied this test to all direct discrimination claims. 19 March 2021 Indirect discrimination and the ‘undeserving claimant’ Elizabeth Ryan v South West Ambulance Services NHS Trust [2020] UKEAT/0213/19/VP; 6 October 2020. What is direct and indirect discrimination? Legislation stipulates that a person must not be discriminated against, as outlined in the Equality Act 2010. It also prohibits the harassment and victimisation of such people. This means you can take action in the civil courts.Indirect discrimination is when there’ In the case of disability, it is likely to be easier to claim breach of the reasonable adjustment duty and/or for ‘discrimination’ arising from disability‘. Indirect discrimination The employee or applicant must be able to prove both of the following about the rule or arrangement: it's unfair to them and to others with the same protected characteristic, for example a woman believes she’s experiencing sex discrimination against women Indirect discrimination is defined at section 19 of the Equality Act 2010 and applies where a provision, criterion, or practice is applied to all, but in doing so puts a person with a protected characteristic at a particular disadvantage compared to others without the protected characteristic. This is referred to in the Equality Act as ‘failure to comply with a duty to make reasonable adjustments.’ It is a form of discrimination not to make reasonable adjustments. Under the Equality Act 2010, direct discrimination occurs when one person is treated less favourably than another person is, or would be, treated “because of” a protected characteristic (s.13). Indirect discrimination is defined in section 19 of the Equality Act. Sex discrimination example: An employer does not allow job-sharing. There are different types of discrimination. Important details to consider when on the market for a new home. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The Equality Act does not define what a ‘legitimate aim’ is, but it … Smith v Safeways Stores [1996] IRLR 456 . The Equality Act 2010 prohibits discrimination against people who have a protected characteristic. Is there a specific age discrimination act in the UK? 10am to 2pm Saturday A practice, rule or policy in relation to indirect discrimination can be formal or informal and it can refer to an individual decision or a choice to take action in the future. For example, some religious groups can be automatically disadvantaged by working hours that fall at the same time as common worship times. When dealing with direct discrimination the law simply looks at the end effect of the actions. This is less easy to spot, but can be just as harmful. It takes a swing at long-standing protections for religious liberty and local control of education. Harassment. Can I Port My Existing Mortgage to A New Property? Due to its role in defining anti-disability discrimination law in current employment practices, we will detail the Disability Discrimination Act 1995 below, despite it now being replaced. If one does not exist, the court would create an imaginary comparator. 19 Indirect discrimination | Equality Act 2010 | Legislation (1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. The protected characteristics are: age; disability; gender reassignment; marriage and civil partnership ; race (this includes colour, nationality and ethnic or national origins but not immigration status) religion or belief; sex and sexual orientation. Example of Indirect Discrimination If a job advertisement states that applicants have to be of a certain minimum height, this may put women at a particular disadvantage. Acts of discrimination are unlawful, and those who discrim… To prove this, they must be able to convince a court that their reasoning is just. What is the Minimum Legal Age of Employment in the UK? When the discrimination is because of someone's age, it's age discrimination. For the purposes of the acts agency workers are deemed to be employees. If you have been treated worse due to your age, this may be allowed if the organisation or employer can show that there was a good reason for the difference in treatment. The Equality Act includes direct discrimination because of someone else’s disability, or harassment related to someone else’s disability. Buy a new home then sell the old one – or vice versa? Thus, there must be a comparator to compare with. Tips for Improving Your Credit Score Before Getting a Mortgage, How to Make a Pre-Auction Offer on a House, Buying a house at auction – all you need to know. The Equality Act stipulates that direct discrimination occurs where a person treats less favourably another due to the latter’s protected characteristic. The rules, practice and policies apply to everyone in the same way as if they did not, they would be considered as directly discriminating. The Equality Act 2010 came into force in October 2010 and replaced various other previous legislation, including the Disability Discrimination Act (DDA). Is there a specific age discrimination act in the UK? Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic, and you are disadvantaged as part of this group. closed on Sundays and Bank Holidays. While the Equality Act does not require employers to provide facilities for prayer, or give time off work for religious observance, it does prohibit indirect discrimination for religious reasons – this could be an example of that. What reasonable adjustments are and when an employer must make them for someone with a disability. To prove that indirect discrimination is happening or has happened: If the organisation can show there is a good reason for its policy, it is not indirect discrimination. This is referred to as objective justification. Podcast: Ten years of the Equality Act 2010 - what it means for employers. The Tribunal found that Mr Efobi had not established the facts that would allow it to decide that the failed job applications were the result of unlawful discrimination in the absence of any other explanation by Royal Mail. However, EU law can be viewed as suggesting otherwise, which is significant given that UK courts are obliged to give effect to a principle of EU law. Acts of discrimination are unlawful, and those who discriminate against others can be held accountable in the civil courts. The Equality Act protects you against: direct discrimination, indirect discrimination, discrimination arising from a disability, failure to make reasonable adjustments, harassment and; victimisation. A policy, rule or practice is in place that applies to all people in the same way; and 2. 77. Under the Equality Act 2010, it’s against the law to indirectly discriminate against someone. The claimant need not have a disability. Discrimination and the Equality Act 2010 It is unlawful to discriminate against someone on the basis of one of the nine protected characteristics listed in the Equality Act 2010. Can a freelance employer cut wages 50% whilst maintaining full-time hours? The law which says you mustn’t be discriminated against is called the Equality Act 2010. The Equality Act doesn’t just rewrite the entire canon of American law on discrimination. Victimisation. Indirect discrimination by Practical Law Employment This note examines the concept of indirect discrimination as set out in the Equality Act 2010, including indirect discrimination by association and perception. See Eweida v British Airways [2010] EWCA Civ 80 . Equal pay. If someone believes that you’ve done this, they can raise a grievance, or even take legal action. The Employment Equality Acts apply to employers, providers of vocational training, employment agencies, and advertisers of employment. A ‘policy’ can include a practice, a rule or an arrangement. If one does not exist, the court would create an imaginary comparator. Whether age discrimination, maternity or pregnancy discrimination, race discrimination, or sex discrimination, according to the Equality Act 2010, as an employee, you have the full right to drag your employer to the employment tribunal. A person or group of people are personally disadvantaged 4. Discrimination is classified into types which are used for all characteristics. Therefore, there is no argument from an employer or another individual that it was not their intention to discriminate. Indirect Discrimination. Individuals are offered protection against discrimination through the Equality Act 2010. As set out in the Equality Act 2010, a prospective or actual employee is directly discriminated against by another person if they treat the individual less favourably than they treat others because of a protected characteristic. For example, if you are paid less than somebody else doing the same job because of your gender, this counts as direct discrimination under the Equality Act 2010 and can never be justified. Indirect racial discrimination. Indirect discrimination is usually less obvious than direct discrimination and … How employers can tell when someone's experiencing bullying, harassment, discrimination or victimisation at work, and how to deal with it. Under the Equality Act 2010 (pertaining to equality act case law), it is unlawful for an employer to apply a provision, criterion or practice (“PCP”) irrespective of any protected characteristic, such as gender or race, which would or does put workers who share a protected characteristic at a disadvantage, and puts the individual who claims the discrimination at such a disadvantage. ... Organisations can implement policies which at first glance look like indirect discrimination but can be shown to be a … Discrimination arising from disability. Reasonable adjustments. For this to apply to employers, they need to know or should know about your disability, and the adjustments you asked for were ‘reasonable’. How Long Does it Take to Buy or Sell a House? Equality and discrimination: understand the basics 7 Disability The Equality Act protects employees from four main types of discrimination - direct, including by association and by perception, indirect, harassment and victimisation - because of disability. My concern is that if I put something like this in writing it would mean I'm more open to being made redundant once the COVID-19 restrictions are lifted, as I am in essence agreeing I don't have sufficient work to do?