Inbrief: Free Legal Information


Home   About   Advertising  Contributors 


Search In Brief

Over a thousand pages of free legal information written by our selected team of legal experts


  Browse Legal Topics     Ask a Solicitor Online



Discrimination Law

Equality Act 2010

Introduction to the Equality Act 2010

Discrimination on grounds of Gender Reassignment

Discrimination on grounds of Age

Disability Discrimination Under the Equality Act 2010

Discrimination on grounds of Marriage and Civil Partnership

Discrimination on grounds of Pregnancy and Maternity

Discrimination on grounds of Race

Discrimination on grounds of Religion and Belief

Discrimination on grounds of Sex

Discrimination on grounds of Sexual Orientation

How does it affect businesses

How does it affect private clubs and associations

How does it affect taxi drivers

How does it affect the public sector

Discrimination (Pre Equality Act 2010)

Age Discrimination

Difference Between Direct and Indirect Discrimination


Inciting Hatred

Race Discrimination

Sex Discrimination Act

Disability Discrimination

Disability Discrimination Laws for Volunteers


Discrimination at work: IVF Treatment

Discrimination at work: Christian faith

Ask a Solicitor Now

We have partnered with JustAnswer so that you can get an answer ASAP.

get legal advice

Direct Discrimination

What is meant by Direct Discrimination?

Direct discrimination in the employment context deals with the situation whereby a prospective employee or a current employee is treated less favourably due to their race, sex, marital status, religion, sexual orientation or gender reassignment.

What are the most obvious examples of direct discrimination?

Direct discrimination tends to be the most obvious forms of discrimination such as a female job candidate who carries the best qualifications and the most experience not even getting an interview for a job whereas a male candidate with less qualifications does get an interview.

Another example of this in relation to sexual discrimination is if a female employee is ignored for a promotion with the job going to a male worker with fewer qualifications.

Direct discrimination on the grounds of religion or belief

The following are examples of direct discrimination on the grounds of religion or belief:

Is there any defence to direct discrimination?

When dealing with direct discrimination the law simply looks at the end effect of the actions. Therefore there is no argument from an employer or another individual that it was not their intention to discriminate.

Indirect Discrimination

What is meant by Indirect Discrimination?

Indirect discrimination occurs in the situation whereby the business practices by an individual employer or a specific company which apply to everyone in their employment result in certain people (whether they be from a specific race or gender) being put at a disadvantage.

What are the best examples of indirect discrimination?

The following are examples of indirect discrimination:

Is there any justification for indirect discrimination?

If as a result of an individual business’ practices there is a difference in the quality of treatment that some people receive it may be able to be argued that the practice is objectively justified – i.e. that it is a proportionate means of achieving a legitimate aim.

Proportionate means of achieving a legitimate aim

Example of indirect discrimination being seen as a proportionate means of achieving a legitimate aim

The following is an example of a case where indirect discrimination on the grounds of age by an employer was seen to be objectively justified.

The case is currently being heard on appeal to an Employment Tribunal.

Still Looking for answers? Ask a Lawyer Now

Use the box below to put your question to a solicitor or barrister. You will usually have an answer back within minutes.