The Differences Between Direct and Indirect Discrimination in the Workplace

When it comes to dealing with discrimination, it’s important to ensure that you deal with the complaint in an appropriate way which includes finding out if there has been any unlawful discrimination and correcting this situation. Generally, discrimination in the workplace is discussed as being either direct or indirect discrimination. Our team discusses the differences between direct and indirect discrimination in the workplace.

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Direct discrimination is generally classed as someone being treated unfairly because of a protected characteristic. Protected characteristics typically include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. 

Indirect discrimination can occur if there are rules, or arrangements, that apply to a number of employees but could be deemed as less fair to a certain protected characteristic. When claiming against indirect discrimination, the employee must be able to prove that it is unfair to them, and others with the same protected characteristics, and that it is in favour of those who do not have the protected characteristic. 

There are a number of things that employers can do to prevent workplace discrimination from occurring in their business. It’s a good idea to have an up-to-date equality policy, anti-discrimination training provided to all staff members, a clear process of how employees can raise the issue of discrimination, and organise regular meetings for employees and their line managers. It’s important to try and build positive working relationships throughout your organisation to ensure that everyone is treated fairly and feels safe at work. 

John Fowlers Solicitors work with businesses on a wide range of issues including dealing with discrimination and employment tribunals. We can also help with contracts of employment, policy documentation, staff handbooks and more. If you require further information on workplace discrimination or you need support regarding other employment law matters, please contact our employment law experts today.

Karen Morovic 

01206 593433

karen@johnfowlers.co.uk