Discrimination has been an issue in the UK for many years and it takes all sorts of forms. It’s often subtle and can take a while to recognise, especially within the workplace. However, there is a less subtle form that can pop up anywhere and in all sorts of situations, including run-ins with the police: direct discrimination.
So, what is direct discrimination? In this article, we’ll break down the definition, explain your rights, and guide you through the key aspects. By the end, you should feel confident in recognising and responding to instances of direct discrimination.
What is direct discrimination: Legal definition
Direct discrimination happens when someone is treated less fairly than someone else because of a certain characteristic. This might be race, age, gender, disability or another factor. Direct discrimination can also happen to someone connected to someone with a certain characteristic — this is known as discrimination by association.
What is an example of direct discrimination?
- An example of direct discrimination might be the police taking in a suspect based on the colour of their skin and without evidence.
- Another example of direct discrimination might be if a company refuses to accept goods and services if someone in the providing organisation believes in a certain religion, but not the person actually delivering the goods.
What is indirect discrimination: Legal definition
Indirect discrimination is slightly more complex. This happens when a policy that applies to everyone within a company or structure favours one group over another. Sometimes this occurs by oversight of disaffected groups, but sometimes it’s more insidious. If the policy maker can show there is a good reason for it, then indirect discrimination can be proven against — This is known as objective justification.
The Equality Act 2010: Safeguard against discrimination in the uk
The Equality Act 2010 is a piece of legislation that puts protections in place for people in the UK from a range of discrimination. This policy builds on and strengthens anti-discrimination laws from yesteryear and has established a framework we still use today. It covers both direct and indirect discrimination in the workplace, education and elsewhere and helps to ensure everyone in the UK has equal rights.
Understanding a practice, policy, or rule
What’s the difference between a practice, policy or rule? Here’s the short version:
| Practice | Informal habits | These are customary ways of doing this. | E.g. saying good morning when you walk into the office. |
| Policy | Formal guidelines | These are formal guidelines or principles that direct decisions. | E.g. a company’s privacy policy. |
| Rule | Enforceable directives | These are specific rules with consequences when broken | E.g. students must wear a uniform. |
These guidelines might help when figuring out if you have been discriminated against and whether it breaks practice, policy or a rule.
Protected Characteristics under the Equality Act 2010
The Equality Act 2010 gives a range of protected characteristics in the UK. These form the basis for the country’s anti-discrimination laws:
- Age — Protects individuals from being discriminated against because of their age.
- Disability — Safeguards people with physical or mental disabilities from unfair treatment.
- Gender reassignment — Protects individuals who are transitioning or have transitioned gender.
- Marriage and civil partnership — Ensures that individuals in marriages or civil partnerships are not discriminated against.
- Pregnancy and maternity — Protects women from discrimination due to pregnancy or maternity leave.
- Race — Protects individuals from discrimination based on race, including ethnicity and nationality.
- Religion or belief — Covers discrimination based on religious beliefs or lack thereof.
- Sex — Protects individuals from being discriminated against because of their gender.
- Sexual orientation — Safeguards individuals from discrimination based on their sexual orientation.
Example: Police & indirect discrimination
Let’s say there is a protest and the police deploy riot shields to control the crowd, anyone trapped behind these barricades are discriminated against because they happen to be in the area. Though a large group of people in the group might be protesters, those who aren’t have been lumped in with them and have had their day altered, especially if they are taken into custody because of their presence there.
Making a claim for discrimination
Do you think you may have been directly or indirectly subjected to discrimination? If so, you might actually be entitled to compensation. To make a claim, you must show that the practice, policy or rule has disadvantaged yourself and others in the same characterised group.
Exceptions to making a claim for indirect discrimination
There are some situations where a claim for indirect discrimination may not be successful. This is when the practice, policy or rule can be legally justified. This means it serves a legitimate purpose that outweighs the discrimination it poses. An example of this might be an age discrimination claim, where the rule is no-one can lift a certain weight over a certain age. This might be justified as heavy weight might be more dangerous for the elderly.
Parties against whom claims can be made
Discrimination claims can be made against various entities. These include public authorities like the police, employers, service providers, and educational institutions. These bodies are all covered by the Equality Act 2010 and are legally required to prevent discrimination in their operations.
Is it time to take action?
Both direct and indirect discrimination can have severe negative impacts on you and your life. Knowing your rights in regards to the Equality Act 2010 might help you in the future if discrimination occurs. This can be especially true during run-ins with the police.
If you think you’ve been the subject of either type of discrimination, it’s important to take action and stand up. One of the best ways to do this is by making a discrimination compensation claim.
Ready to get started? Contact us via our quick contact form, or you can phone us directly on 0333 400 4445.
Frequently asked questions
Can indirect discrimination happen unintentionally?
Indirect discrimination often occurs unintentionally when a policy or rule that seems neutral ends up being disadvantageous to a group with a protected characteristic.
Are there time limits for making a discrimination claim?
Typically, you have three months less one day from the date the discriminatory act occurred to make a discrimination claim.
Can direct discrimination ever be justified?
Direct discrimination is very rarely justifiable and only really occurs when an employer can prove there is a good reason for it.
Is harassment considered a form of discrimination?
Harassment related to a protected characteristic is a form of unlawful discrimination under the Equality Act 2010.
What happens if I experience discrimination but do not belong to a protected group?
If you do not belong to a protected group but are treated unfairly because of a perceived or associated characteristic (e.g. being discriminated against because your partner is of a different race), you may still be able to make a claim under the Equality Act 2010 as this is classed as discrimination by association.
