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Direct and Indirect Discrimination

Key Points

  • Discrimination can be directly against an individual.
  • Discrimination can be the indirect result of a more wide reaching provision, criterion or practice.
  • Direct age discrimination and indirect discrimination generally may be justifiable.
  • Motive in direct cases does not need to be established but context is important.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content.

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