This is when someone with a protected characteristic is treated less favourably than someone else who does not have a protected characteristic.
This is the same as direct discrimination, but applies to someone because of their association with a person who has a protected characteristic (such as the mother of a disabled child). This provision does not apply specifically to the protected characteristic of pregnancy and maternity, although it may be possible to argue that a worker treated less favourably because of their association with a pregnant woman amounts to associative sex discrimination.
This is the same as direct discrimination but applies to someone who is discriminated against because another person thinks they possess a particular protected characteristic. This provision does not apply to the protected characteristic of marriage and civil partnerships or pregnancy and maternity.
This is when an employer applies a provision, criterion or practice (PCP) equally to everyone, but which in fact puts (or would put) people with a protected characteristic at a particular disadvantage compared to those who do not share that characteristic, and which cannot be justified by the employer.
Indirect discrimination can only be justified if the employer can show that the PCP is a proportionate means of achieving a legitimate aim.
The provisions on indirect discrimination do not apply to pregnancy and maternity.
Discrimination arising from disability
This is when an employer knows that someone has a disability, and discriminates against them because of something relating to or arising from their disability which cannot be justified.
Duty to make adjustments
Employers have a duty to make reasonable adjustments for disabled people in three circumstances:
- If a PCP puts them at a substantial disadvantage in comparison with someone who is not disabled
- If a physical feature puts them at a substantial disadvantage in comparison with someone who is not disabled
- If a disabled person would be put at a substantial disadvantage in comparison with someone who is not disabled, were it not for an auxiliary aid.