Direct Discrimination
Direct discrimination is treating individual/s less favourably than others because they have a protected characteristic, or are perceived to possess it, or associate with people who possess it.
It is not possible to justify direct discrimination, so it is always unlawful.
It is not possible to justify direct discrimination, so it is always unlawful.
In order for someone to show that they have been directly discriminated against, they must compare what has happened to them to the treatment a person without their protected characteristic is receiving or would receive. So a gay student cannot claim that excluding them for fighting is direct discrimination on grounds of sexual orientation unless they can show that a heterosexual or bisexual student would not be excluded for fighting. A person does not need to find an actual individual to compare their treatment with, but can rely on a hypothetical person if they can show there is evidence that such a person would be treated differently.
There is no need for someone claiming direct discrimination because of racial segregation or pregnancy or maternity to find a person to compare themselves to
It is not direct discrimination against a non-disabled person to treat a disabled person more favourably by making 'reasonable adjustments' to help them undertake their work or study. For example a student with carpel tunnel syndrome has a scribe to take notes during lectures. Another student requests a scribe as he needs to miss a lecture to attend a wedding. The ICR does not agree to this request. This would not be unlawful direct discrimination.
Discrimination based on association
Direct discrimination also occurs when you treat someone less favourably because of their association with another person who has a protected characteristic (other than pregnancy and maternity).
Discrimination based on association
Direct discrimination also occurs when you treat someone less favourably because of their association with another person who has a protected characteristic (other than pregnancy and maternity).
Discrimination based on perception
Direct discrimination also occurs when you treat someone less favourably because you mistakenly think that they have a protected characteristic (other than pregnancy and maternity).
Discrimination because of pregnancy and maternity
It is discrimination to treat a woman less favourably because she is or has been pregnant, has given birth in the last 26 weeks or is breastfeeding a baby who is 26 weeks or younger. It is direct sex discrimination to treat a woman less favourably because she is breastfeeding a child who is more than 26 weeks old.
Indirect Discrimination
It is discrimination to treat a woman less favourably because she is or has been pregnant, has given birth in the last 26 weeks or is breastfeeding a baby who is 26 weeks or younger. It is direct sex discrimination to treat a woman less favourably because she is breastfeeding a child who is more than 26 weeks old.
Indirect Discrimination
A practice, policy or rule which applies to everyone in the same way, but disadvantages people with a protected characteristic and cannot be justified as a proportionate means to achieve a legitimate goal.
A proportionate means to achieve a legitimate goal includes measures such as requesting a specific English language qualification (IELTS) for PhD students - while this may disadvantage proportionately more non-British applicants, it can be justified as it has been shown to be a necessary requirement for successful PhD study (Maintaining academic and other standards, like ensuring the health and safety and welfare of staff and students, are often accepted as legitimate goals)
A proportionate means to achieve a legitimate goal includes measures such as requesting a specific English language qualification (IELTS) for PhD students - while this may disadvantage proportionately more non-British applicants, it can be justified as it has been shown to be a necessary requirement for successful PhD study (Maintaining academic and other standards, like ensuring the health and safety and welfare of staff and students, are often accepted as legitimate goals)