Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Indirect discrimination definition

What does Indirect discrimination mean? In practice, indirect discrimination describes a situation where a neutral workplace rule or practice puts people who share a protected characteristic at a particular disadvantage compared with others, and also disadvantages the claimant, unless the rule can be objectively justified. In England & Wales and Scotland this is defined by the Equality Act 2010, which uses the phrase “provision, criterion or practice” (PCP) and permits a statutory defence where the PCP is a proportionate means of achieving a legitimate aim. The claimant must show group disadvantage, individual disadvantage and a causal link; the burden then shifts to the...

Indirect discrimination under the Equality Act 2010: PCPs, group disadvantage, comparator pools, justification and associative claims, including the 2024 s19A amendment

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Practice notes

This Practice Note considers unlawful Indirect Discrimination under the Equality Act 2010 (EqA 2010)

There is a clear distinction between direct and indirect discrimination, and they are mutually exclusive concepts (though a claimant may, of course, advance them in the alternative):

the prohibition on Direct Discrimination seeks formal equality of treatment: people who are otherwise in comparable situations must not be treated less favourably because of a protected characteristic
the prohibition on indirect discrimination looks past formal equality towards a more substantive equality of outcomes: seemingly neutral criteria may place people sharing a particular protected characteristic at a disproportionate disadvantage

The key divergence between the two is that indirect discrimination can be justified where it is a proportionate means of achieving a legitimate aim; direct discrimination cannot be justified, other than in relation to age. For general guidance on direct discrimination, see Practice Note: Direct discrimination...

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Web page updated on 21/05/2026

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