"Direct discrimination" occurs if the reason for a person being treated less favourably than another is one or more of the protected characteristics set out in Equality Act 2010.
"Indirect discrimination" occurs when a policy (technically a "provision, criterion or practice" or "PCP" - Equal Pay Act 2010 s.19(1)) applies in the same way for everybody but has an effect which particularly disadvantages a group of people who share any of the protected characteristics set out in the Act (other than pregnancy or maternity, in which case special rules apply - see Equality Act 2010/protected characteristics/pregnancy and maternity ).
The main difference between direct and indirect discrimination is that, in general, indirect discrimination is lawful if it can be shown to be a proportionate means of achieving a legitimate aim whereas this is true of direct discrimination only if a requirement whose application would otherwise be unlawful discrimination is an occupational requirement for the job in question.
It is important to note that in addition to the two forms of discrimination noted here, the Equality Act 2010 also makes specific and separate provision to outlaw "harrassment" and "victimisation" (see Equality Act 2010/harassment and/or Equality Act 2010/victimisation ). Further, where the protected characteristic is disability, in addition to direct and indirect discrimination there is also separate provision for what is called "Discrimination arising from disability" or "disability related discrimination" (Equality Act 2010 s.15 and see notes at Equality Act 2010/protected characteristics/disability ).
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prepared September 2010
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