Direct Discrimination

Direct discrimination can result in a claim against an employer. Employers need to be aware of all the types of discrimination to avoid tribunals.

author

James Rowland

Commercial Director James leads Account Management, Sales and Marketing at Neathouse Partners.

Date

12 October 2018

Updated

01 October 2024
1 min read
featured

Under the Equality Act 2010, a person can be discriminated against if they are treated less favourably due to a certain attribute or attributes that they possess.

These attributes must fall under one of the protected characteristics as listed in the Act.

 

Protected characteristics

The protected characteristics are:

  • Age
  • Sex (gender)
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sexual orientation

Less favourable treatment is an employee being treated indifferently, in a detrimental way to another employee who does not share the same protected characteristic. In order to show direct discrimination, the detrimental treatment must be compared to the treatment of another employee who does not share the relevant protected characteristic.

This employee is known as the comparator. The two situations need not be identical, but there should be sufficient similarities to demonstrate direct discrimination. The comparator does not need to be a real person, a hypothetical comparator can be used if the situation has not previously arisen in the workplace.

It is not always necessary for an employee to provide evidence of a comparator if it is obvious that the mistreatment occurred because of the protected characteristic.

 

Justified direct discrimination

There are two situations in which direct discrimination can be justified, namely:

The discrimination will only be justified if it can be shown that it was a proportionate means of achieving a legitimate aim. A legitimate aim is the underlying reason behind the discrimination and can include aims such as:

  • Health, safety and welfare of individuals
  • Business requirements
  • Economic reasons

For the aim to be proportionate, it must have been carefully considered against the discrimination it would cause and must be necessary and appropriate.

It is very difficult to justify direct discrimination, and it is recommended that you seek specialist legal advice.

Neathouse Partners: Your Trusted Partner

We empower employers across the UK with tailored advice, offering strategic guidance that aligns with business needs and goals.

99.2 %

Customer happiness rating

99.2 %

Customer happiness rating

banner

100%

Qualified experts

Chester Headquarters

Regus House, Chester CH4 9QR

Success stories
Having used Neathouse for some time now, I can highly recommend their services. I always get a quick response from my lawyer, the advice is practical, and I always feel confident that they’re helping us with the correct approach.
avatar
Jasmin Bemmelen Head of People and Culture @ Action Tutoring Ltd

Have questions?

Get in touch today

Contact us, and our team will get back to you within 24 hours. We value your questions and are committed to getting them answered quickly.

Get a quote
banner
photo@2x

Hello! I am Nicky

Just fill in the form below with your details, and I will arrange for a member of our team to give you a call.

By clicking, you agree to our Privacy Policy