This web page should be read in conjunction with the web page Discrimination - Protected Characteristics
What is indirect discrimination?
Indirect discrimination is prohibited under section 19 of the Equality Act 2010 and occurs where:
The relevant protected characteristics are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; and sexual orientation. The exception is pregnancy and maternity.
Justification
There will be no indirect discrimination if an employer’s actions are justified. To establishing justification, an employer will need to show that there is a legitimate aim (ie a real business need) and that the PCP is proportionate to that aim.
Justification must be on objective grounds with an objective balance between the discriminatory effect and the reasonable needs of your employer.
In other words, indirect discrimination occurs where the employee’s employment is subject to an unjustified condition which because of their protected characteristic, the individual finds it more difficult to meet.
Examples are:
In determining whether there has been a detriment, it will be necessary to establish a pool of people for comparison on a like-for-like basis of those that have and have not been affected by the PCP.
What remedies are available for indirect discrimination?
If an employee believes that an employer (or other person) has indirectly discriminated against them they can bring an employment tribunal claim.
Employment tribunals can award unlimited compensation, which can include an award for injury to feeling and financial loss because of the discrimination.
How long do you have to bring an employment tribunal claim?
An employment tribunal claim for indirect discrimination must be received by a tribunal within 3 months of the complaining act (ie 3 months less 1 day). This can be the last act in a series of detrimental acts over a period of time.
The time limit can be extended during Acas early conciliation, which must be started before the time limit has expired.
The time limit is a strict one and will only be extended in certain circumstances.
The material contained in this web page is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
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