It should also include the main tasks and skills involved in the job, to show applicants what they'll need to be able to do. You can find out more or opt-out from some cookies, Check if you have the right to reside for benefits, Getting benefits if youve recently moved to the UK, Benefit calculators: what benefits can you get, Check how much redundancy pay you can get, Template letter to raise a grievance at work, Grants and benefits to help you pay your energy bills, You can't afford to top up your prepayment meter, Check if you can get your money back after a scam, Renting from the council or a housing association, Living together, marriage and civil partnership. If you would like to reproduce any of this information, seeour page onpermissions and licensing. That means planning their services with the needs of people with mental health problems in mind. Indirect Discrimination But Gypsies and Travellers are less likely to be on the electoral register and therefore theyll find it more difficult to join. We're a charity and we couldn't continue our work without your help. In addition, an employee can only bring a claim for indirect discrimination if the rule or policy in question affects them personally. View this information as a PDF (new window) Take 3 minutes to tell us if you found what you needed on our website. Voluntary Police Interviews: Understanding Your Rights, An Introduction to Trust Law and Property. This is when youre treated differently simply because of who you are. They do a lot of business with suppliers in India. Webdirect and indirect discrimination falls, and about whether the two concepts overlap. Employees have to prove that they have the required grounds in order to make a claim for indirect discrimination. Example: It could be indirect disability discrimination if the only way to enter a public building is by a set of stairs because people with disabilities who use wheelchairs would be unable to enter the building. She complains to her local supermarket that she genuinely believes that she has been discriminated against by an assistant who made remarks about her condition in front of customers. This is because customers who had mental health problems would not be able to join any activities and so would be treated worse than other customers. But opting out of some of these cookies may affect your browsing experience. Together were Mind in Wales. Necessary cookies are absolutely essential for the website to function properly. A body implements a practice, policy or rule, which applies to everyone in the same way. That means: We can print whatever you need on a massive variety of mediums. You also have the option to opt-out of these cookies. Together with our local Minds in Wales were committed to improving mental health in this country. What if youre a victim? Thanks for the purpose of providing this sort of awesome details. discrimination Browse our online range including our range of mental health resources, wedding favours, Pause for Mind and greetings cards. Now, that probably sounds like a good thing. WebIndirect Discrimination An employer has a policy of not letting any staff work part-time. The courts have unlimited jurisdiction to make orders of compensation in gender discrimination cases. It is not sufficient for them to say that they are part of the group of people with this protected characteristic. But his colleague Harry, who does not have depression, is offered a promotion even though he has less experience and fewer qualifications. Jibin supports her colleague to complain to their employer about. If a colleague or employer assumes someones abilities or lack thereof due to the fact that they are of a certain race or from a certain country, it is racist and illegal. This is because they are generally shorter than the average UK man. A restaurant introduces a new shift policy which states that all front-of-house staff must work at least one Saturday every month. Employers need to be aware that the financial consequences of a discrimination claim on the ground of gender can be severe. This puts women at a particular disadvantage, since they are more likely to have child-caring responsibilities and to want to work part-time. Long-term Sickness: What Can Employers Do? To justify requirements that are indirectly discriminatory the employer must demonstrate that the requirement is essential, appropriate and necessary. If the employee does not consider the matter addressed, they may be able to make a claim to the tribunal for unlawful discrimination. violates your dignity or creates an environment that is intimidating, degrading, offensive or humiliating, and. Racial discrimination at work is specifically prohibited under the Employment Equality Acts 1998 to 2015. And with good reason, the Equality What is unfair treatment? For example, say Papa Johns pizza needs a delivery driver. All content was accurate when published. Your optician has a rule which allows payment for glasses by instalments for those in work. In contrast, indirect discrimination occurs when a group of people with the same protected characteristic are disadvantaged by an organisations policy. Differences between direct and indirect discrimination. The cookie is used to store the user consent for the cookies in the category "Analytics". This is likely to be victimisation. Being a pensioner falls under the protected characteristic of age. Direct discrimination This happens when, because of your sex, someone treats you worse than someone of the opposite sex who is in a similar situation. Mind Infoline is closed right now, for support visit ourout of hours page. It also puts people who share her religion at a disadvantage in comparison to other faiths. All rights reserved. This clause therefore places you at a particular disadvantage. Some limited exceptions and exemptions apply. The rule seems fair, but it has a worse effect on this particular group of people. Its a little hard to explain, but itll become clearer when you see examples of it in action. Its difficult for you to do this because youre a woman with young children. Indirect discriminationoccurs when a companys policies, procedures or rules which apply to everyone has the effect that people with a certain protected characteristic are put at a disadvantage when compared with those who do not share it. Indirect discrimination refers to situations where an employer has operated a rule, policy or general practice that applies to all employees but disadvantages some more than others. In this article What is a trust? Remember, indirect discrimination is when: The law which says you mustnt be discriminated against is called the Equality Act 2010. Mary has an eating disorder. This example differs slightly from the previous two, in that the employer may have justifiable reasons for adopting the policy. As an extension of your in-house HR and ER team, we provide integrated support services built around people, processes, and technology all for a fixed annual subscription. So, if someone feels like youve discriminated against themdirectly or indirectlythey can use this law to take further action. But it's not always the case. This proof can come in the form of: It can be a discriminatory situation which has already happened, or it can be a potential situation which could happen in the future due to a discriminatory policy. WorkNest survey shows 70% of toxic behaviour in the workplace goes unresolved, ChatGPT and the workplace | Minimising the risk of employee misuse, ChatGPT and the workplace | Protecting your recruitment process against AI-related issues, ChatGPT and the workplace | Addressing concerns around job security, False fires | Fire services in Scotland to stop attending automatic alarm call outs from 1 July, Updating the Equality Act definition of sex | EHRC opinion and considerations for the workplace, Npower discriminating against an autistic employee, Discrimination by association and perception, Health and disability during a disability, Avoiding discrimination claims during an interview. It doesn't apply to children unless specifically stated. If a person or organisation does not make reasonable adjustments when it would have been reasonable to do, this will be unlawful discrimination. Web- Mind Home > Information and support > Legal rights > Examples of discrimination at work Discrimination at work Some of us experience disability discrimination at work because of our mental health. The group could be everyone in your organisation or any other grouping of staff, for example everyone in a particular role or team. When youre living with a mental health problem, or supporting someone who is, access to the right information is vital. It also enhances your reputation as an employer. This puts certain races at a disadvantage. WebThe formula p ( q m ) = 1 c ( q m ) shows that a monopoly seller would like to charge a higher markup over marginal cost to customers with less elastic demand than to customers with more elastic demand because 1 is a decreasing function of , for > 1. What Is Indirect Discrimination? Everything You Need To Know. It doesn't apply to children unless specifically stated. it was an appropriate action to take in the circumstance. If you're an employer, you should take any complaint of discrimination very seriously and look into it as soon as possible. Cookies make subsequent visits to our site faster and tailored to your needs. For more information about Triple A or on a specific indirect discrimination matter, contact us. Women are generally more likely to be their childrens carers. Indirect discrimination covers a lot of protected characteristics. You must also be able to show that it is a proportionate means of achieving this legitimate aim. a person or organisation has practices or arrangements that seem to treat everyone in an equal, non-discriminatory way, these practices or arrangements put you and others with your. View this information as a PDF (new window). Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. Questions of Indirect Discrimination on the Basis of Religion Click the button below to chat to an expert. Jeannette goes to her dentist for a routine appointment. providing aids and services for you to overcome the substantial disadvantage. Indirect discrimination occurs when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share a particular attribute. You can find out more or opt-out from some cookies. Direct discrimination tends to be straightforward to identify. Thank you Dave! We use cookies to improve your experience of our website. It places people who share a protected characteristic at a disadvantage. We also provide links to the relevant laws, 6183275 Sylvie is working in an office and has depression. Direct discrimination is when you are treated worse than someone else because you have a disability. At other times, it may be necessary to use the help of an expert. This page is currently under review. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Get the DM Business Newsletter & Invitations to our Events. Is there anything wrong with this page? What is direct and indirect discrimination? | Equality If you have experienced discrimination, you can get help from the EASS discrimination helpline. Anja has moved to Ireland from Poland. Employers should always check whether there's another way to achieve their aim that either: Find out more about objective justification. She has better qualifications and more experience than all the other candidates, and performs the best at the interview. BrightHR is smart software that transforms your people management. They decide it would take too long for them to speak the language fluently. This is not discriminatory to someone with a disability that affects their driving. When can the police arrest someone? For example, objective justification may apply if a health care centre for Muslim women discriminated against male applicants by specifying in a job advertisement that only women may apply. Weve done the legwork and spent countless hours on finding innovative ways of creating high-quality prints on just about anything. Indirect Discrimination in the Workplace - Examples Indirect discrimination Example 2 Another example of indirect discrimination would be a height requirement for a job. Anja would have grounds to make a discrimination claim against the employer on the ground of race. Equality case studies You don't need to show that the person who treated you badly was aware that the behaviour was due to your disability, but they do need to be aware that you have a disability. Public sector equality duty examples 5. We won't give up until everyone experiencing a mental health problem gets support and respect. In summary, direct discrimination in the workplace refers to a situation in which someone with a protected characteristic is treated differently. Theres a policy, practice or rule which applies to everybody in the same way. Michael explains that it will not be possible for him to work on Sundays as it is not permitted under his religious faith. The employer is treating Irish qualified applicants more favourably than foreign nationals who are less likely to have obtained Irish educational qualifications. Let us know, Copyright 2023 Citizens Advice. A member of staff who knows he is a psychiatric patient uses silent gestures and mime to make fun of him. For example, this can refer to new training an employer offers but decides to make available only to employees who've graduated in the last five years. Select the statement you most agree with: Consulting employees and their representatives, Getting a doctor's report about an employee's health, Health, safety and wellbeing when working from home, Dealing with a problem raised by an employee, Please tell us why the information did not help, I cannot find the information I'm looking for. He goes to the counter to pay for his shopping in his local supermarket. Steve is very upset. An employment rule that applies to all employees in the same way is on the face of it, an equal treatment policy. WebSex and Sexuality Sexuality in America Beliefs in Society Age and Religion Contemporary Religion Economic Development and Religion Ethnicity and Religion Sociology Fundamentalism Gender and Religion Ideology New Age Movements Religious Movements Religious Organisation Science and Religion Secularisation UK Social Change And Religion Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Her manager refuses her request and says everyone that does her job must work full-time. The cookie is used to store the user consent for the cookies in the category "Other. Brook does not have a mental health problem. Say you have a practice, policy or rule that applies to every employee in the same way. A job advert for a salesperson says applicants must have spent 10 years working in retail. Unlike direct discrimination, indirect discrimination is often inadvertent and can be difficult to identify. Whoever is deciding whether or not unfavourable treatment is justified needs to balance the needs of both sides carefully, which can be very complicated. Mary's manager knows she has an eating disorder and she makes offensive remarks in the open plan office about people with anorexia. < What are services and public functions? Indirect discrimination occurs when an employee or group of employees are treated less favourably as a result of employment requirements that they are unable to satisfy. Organisations and people who provide services or public functions and clubs and associations have to plan in advance to take account of the difficulties that disabled people may face. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Sylvie is a solicitor who represents people with mental health problems. Indirect discrimination can apply if you have a disability. This cookie is set by GDPR Cookie Consent plugin. Flexible fixed fee service | HR consultancy | HR software | Training & e-Learning. Harassment is behaviour from others that you don't want, that: Victimisation is when an employer or organisation puts you at a disadvantage just because: The Equality Act says that employers and service providers should think about making reasonable adjustments (in other words, changes), if you are at a substantial disadvantage compared to other people who do not have a mental health problem. Also ensure that all activity relating toanti-discrimination aredocumented for your records; in the event of adiscrimination complaint, you will then be able to evidence the steps you have taken to be proactive. It also places women generally at a disadvantage, as theyre more likely to be the carers of children. Explains the law that protects you from discrimination by organisations or people that provide goods, facilities or services. What is direct and indirect discrimination? Most people know discrimination is unlawful under the Equality Act 2010. She goes to a caf and the owner tells her that he does not want her using his caf because she acts for people with mental health problems. Please note: This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 219830) and a registered company (no. but puts certain protected groups at a disadvantage. An employer might need to make certain decisions that lead to indirect discrimination. This applies to all customers in the same way. This is where you are treated badly not because of your disability but because of something that happens because of your disability. It might be lawful for a person or organisation to treat you unfavourably if they can show that: Legally this is called a 'justification'. But the job advert specifies that all candidates must have UK qualifications. Im glad you found our article on indirect discrimination helpful. Regulated by the Solicitors Regulation Authority No. The business could be discriminating indirectly based on age. This is because the advert excludes younger people who might have the skills and qualifications needed. doing any of the activities on offer as their mental health conditions would not affect their ability to take up exercise, or, A social worker plans a social care assessment for Fatima who finds it is difficult to concentrate or to participate meetings to discuss her needs. For indirect discrimination, it doesn't matter whether the person or organisation knew about your disability. One of the interviewers knows of Carrie's diagnosis of bipolar disorder. An employer only offers promotions to people who have a driving licence and are able to drive even though this is not a key requirement of the job. So you may mean well but accidentally end up being discriminatory against someone because of their race, religion, sex and other protected characteristics. However, it could be legal if there's a genuine business need that cannot not be resolved with a less discriminatory approach. What is indirect discrimination at work? Most companies promote a zero-tolerance policy in this respect. Example: It could be indirect sex discrimination if a policy says that managers must work full-time, as this might disadvantage women because they are more likely to work part-time because of family responsibilities. The business does not intend to discriminate. This includes thinking about reasonable adjustments they could make. Her request is denied, consequently leaving her with poorer training and promotion opportunities than her co-workers. Ask away, weve got lightning fast answers for Irish business owners and employers powered by qualified experts. You must follow a full and fair procedure. This Act of Parliament is a piece of legislation we often refer to in our various HR and employment law guides. Such a condition would likely discriminate against women (and some minority ethnic groups.) This might discriminate against people not of Indian heritage. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This may be legal if there is 'objective justification'. WebPurpose(s) of the Prohibition against Indirect Discrimination 3. Examples of direct discrimination These cookies do not store any personal information. This may involve consideration of making reasonable adjustmentsto avoid unlawful indirect discrimination. Discrimination by Type | U.S. Equal Employment Explains what you can do if you have been discriminated against and where you can get support and advice. An advice centre will only provide advice to people who visit their centre and will not offer advice by phone or email. You just have to show that you were treated badly, and this treatment was linked to your disability. You also have the option to opt-out of these cookies. The job posting specifies that all candidates must hold Irish educational qualifications. Indirect Discrimination | BrightHR Read about an indirect racial discrimination case between a pupil and his school. Ready to join over 90,000 companies around the world loving BrightHR? Find out what happened in another indirect sex discrimination case. Carrie is interviewed for a job. The employer may choose the younger person because they feel they will be more tech-savvy. The working practice, policy or rule must apply to everyone in a group. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Stereotyping. Theyre about respecting your staff for their individual age, gender, race, cultural Smart HR software that transforms the way you manage your staff. Under the law, there can be objective justification if an employer can prove both of the following: Financial reasons alone are unlikely to justify discrimination. No spam, no passing your details on, just pure, unadulterated news. A business offers its existing employees the opportunity to apply for an internal job opening. There are lots of different ways that you can support us. BrightHR is smart software that transforms your people management. 5 Examples of Indirect Discrimination in The Work Place This is indirect discrimination since the rule applies to all staff yet is more likely to disadvantage female employees, as they are statistically more likely to be primary caregivers. discrimination A company policy requiring all employees to work full-time hours is likely to be harder for women to comply with as theyre more likely to fulfil the childcare role in the home. This is known in legal terms as objective justification. However, you don't always have to provide an example of a particular non-disabled person who was treated better than you if it is clear from all the circumstances that your disability was the reason why you were treated as you were. Age discrimination; Disability discrimination; Gender reassignment Indirect age discrimination is an unfair policy or rule that applies to all members of an organisation but has a worse effect on some employees who represent a certain age group. This type of discriminatory treatment will often arise unintentionally and this is why it is known as indirect discrimination. The example of Npower discriminating against an autistic employee is one example. Required fields are marked *. Direct and indirect discrimination Direct discrimination Direct discrimination is when you are treated unfairly because of a characteristic you have, or are assumed to What is harassment and victimisation? These are if they can show that: there were valid intentions behind their action (such as ensuring the health and safety of others, or keeping up staff attendance so that their business can run properly), and that it was an appropriate action to take in the circumstance (legally this is called a 'justification'), or they did not know you had a disability (and could not reasonably have known). How does this affect me? After all, is it even possible that You might have heard of direct discrimination, which is when you treat someone differentlybecause of who they are. Indirect Discrimination The Puzzle of Indirect Discrimination | Discrimination and Just contact us to arrange an appointment. It is more likely that they are the primary carer of their children and may need to work part-time or work flexibly. WebIndirect discrimination is where: a person or organisation has practices or arrangements that seem to treat everyone in an equal, non-discriminatory way, but these practices or This rule applies to all their customers regardless of their protected characteristics. Bright HR Ltd is an appointed representative of Peninsula Business Services Ltd which is authorised and regulated by the Financial Conduct Authority in respect of non-investment insurance products. Price Discrimination An employers discriminatory actions may be lawful if they can provide objective justification for their policy. Indirect discrimination - Citizens Advice In contrast, indirect discrimination occurs when policies and procedures that apply to everyone exclude a particular group. This is because this requirement is essential to perform the role. Her employer's decision to treat this as a disciplinary matter may be discrimination arising from Jan's disability. A manufacturer needs to make some redundancies. Tel: 1800 279 841. Analytical cookies are used to understand how visitors interact with the website. The dentist is refusing Jeannette a service because of behaviour related to her disability. Carrie hasn't clearly been treated worse than any of the other candidates, but she has been treated worse than a non-disabled person would have been treated in the same situation. It does not store any personal data. Banning particular foods in the office kitchen Thank you, your feedback has been submitted. The Equality Act 2010 says its not indirect discrimination. Tomasz has a range of problems with anxiety, and he gets particularly anxious travelling on crowded public transport. WebIndirect discrimination occurs when a companys policies, procedures or rules which apply to everyone has the effect that people with a certain protected characteristic are put at a This is the pool for comparison. See our pages on advocacy for more information. But opting out of some of these cookies may have an effect on your browsing experience. Discrimination Still, it is generally Take, for example, the old practice of Sunday closing laws in countries where the majority of the population is Christian. You can only challenge a practice, policy or rule which you think is indirectly discriminatory if it affects you personally. In this article Why have Daker Solicitors closed? Registered in England and Wales No: 09283467. What is indirect discrimination in the workplace?