Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Direct discrimination definition

What does Direct discrimination mean? Direct discrimination describes treating a person less favourably than a comparator because of a protected characteristic. In practice it arises in recruitment, dismissal, promotion, provision of services, housing and education. It is defined in legislation: Equality Act 2010 s.13 for England, Wales and Scotland; parallel provisions in Northern Ireland discrimination statutes; and in Ireland under the Employment Equality Acts and Equal Status Acts. Key features: - Less favourable treatment compared with an actual or hypothetical comparator with no material difference apart from the characteristic. - Causal link because of/on the grounds of the protected characteristic; motive irrelevant; includes discrimination by association and by...

Direct discrimination under the Equality Act 2010: comparators, causation, age justification, pregnancy and maternity, disability, associative and perceived discrimination

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Practice notes

Direct Discrimination under the Equality Act 2010

This Practice Note explores direct discrimination within the Equality Act 2010 (EqA 2010), namely the treatment of an individual less favourably because of a protected characteristic (ie unfavourable treatment on discriminatory grounds). It addresses in particular the requirement for a comparison, the role of comparators (real or hypothetical), the meaning of ‘because of’, awareness of disability, the justification of direct age Discrimination, direct sex discrimination arising from a contractual provision, and equality of terms. It also covers more favourable treatment in relation to pregnancy, childbirth (which must be proportionate), and disabled people. It examines racial segregation in this context. Lastly, it analyses third-party characteristics: associative discrimination, discrimination based on perceived characteristics, and absence from work due to gender reassignment. This Practice Note cites case law from the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law...

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Web page updated on 21/05/2026

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