What Is Indirect Discrimination? UK Law, Examples & 2024 Changes

Key Takeaways

1. Indirect discrimination occurs when a policy or rule—applied equally to everyone—puts people with a protected characteristic at a disadvantage under UK law.
2. Understanding indirect discrimination helps employers and employees avoid costly tribunal claims and reputational damage.
3. The Equality Act 2010, updated in 2024, protects people from indirect discrimination based on characteristics like age, sex, race, religion, or disability.
4. Objective justification means a potentially discriminatory policy may be lawful if it’s a proportionate way to achieve a legitimate aim.
5. Failing to address indirect discrimination exposes employers to legal action, financial penalties, and damaged workplace morale.
6. Typical examples include inflexible dress codes, fixed working hours, or recruitment criteria that inadvertently disadvantage certain groups.
7. Regularly reviewing workplace policies and providing staff training is crucial to preventing indirect discrimination.
8. People who experience indirect discrimination can raise the issue with their employer or use Go-Legal AI’s expert tools and templates for practical support.
9. Go-Legal AI is rated Excellent on Trustpilot, with over 170 five-star reviews, making it a trusted legal solution for UK businesses.
10. Go-Legal AI offers comprehensive support, templates, and expert-reviewed tools to help keep your workplace legally compliant.

What Is Indirect Discrimination and Why Should UK Businesses Care?

Are you concerned that your workplace rules might unintentionally disadvantage certain staff—even when you have no intent to discriminate? For many startups, freelancers, and small businesses, the risk often comes from “neutral” rules like rigid dress codes or fixed working hours. These can have a greater negative impact on some protected groups, exposing your business to legal risk. Following the 2024 amendments to the Equality Act, every employer needs a clear understanding of how indirect discrimination works to avoid expensive disputes and protect their reputation.

In this guide, you’ll discover exactly what indirect discrimination is, how the law defines it, which characteristics are protected, what’s new in the 2024 Equality Act update, and—most importantly—practical steps to keep your business compliant and inclusive from day one.

With Go-Legal AI, you have access to plain-English resources, ready-made templates, and intuitive tools that empower you to manage workplace equality simply and effectively.

What Is Indirect Discrimination Under UK Law?

Indirect discrimination, as set out in the Equality Act 2010, happens when an apparently neutral policy, rule, or practice—legally called a “provision, criterion or practice” (PCP)—is applied equally but disadvantages people sharing a protected characteristic compared to others. Crucially, it’s not about treating someone less favourably on purpose, but about the wider impact of workplace rules that, in effect, create inequality.

A successful claim for indirect discrimination generally requires four elements:

1. A PCP is applied to everyone (for example, a workplace rule or requirement).
2. The PCP particularly disadvantages or is likely to disadvantage a group that shares a protected characteristic.
3. The complainant is personally disadvantaged by it.
4. The employer cannot prove the PCP is a proportionate means of achieving a legitimate aim.

Which Protected Characteristics Are Covered by Indirect Discrimination?

The Equality Act 2010 identifies nine protected characteristics:

• Age – younger and older workers.
• Disability – including physical and mental health conditions.
• Gender reassignment – including transgender individuals.
• Marriage and civil partnership
• Pregnancy and maternity
• Race – including colour, nationality, ethnic, or national origins.
• Religion or belief – including lack of belief.
• Sex – both male and female employees.
• Sexual orientation

A claim can be made if a PCP disadvantages a group with one of these characteristics—even if the impact isn’t intentional. After the 2024 legal update, those without the characteristic, but who experience the same disadvantage, may also be able to claim.

Indirect Discrimination Examples: What Does It Look Like in the Workplace?

Indirect discrimination often hides in plain sight within everyday business processes. Here are some typical, relatable examples:

1. Religious Observance
   A consulting firm insists all staff attend weekly meetings every Saturday morning. Staff who observe religious Sabbaths on Saturdays—such as Jewish employees—are at a disadvantage, even though the rule applies to everyone.
2. Disability
   A sales team must all stand during client presentations. This disadvantages employees who use wheelchairs or have medical conditions that prevent standing.
3. Language and Race
   A customer service company requires all new recruits to have “native-level English,” even though strong communication skills often suffice. This could unfairly disadvantage qualified candidates whose first language is not English.
4. Family Commitments and Sex
   An employer specifies overtime is only available after 7pm, which could disadvantage those with child or elder care responsibilities (statistically more commonly affecting women).

How Has the Equality Act 2010 Changed in 2024 for Indirect Discrimination?

The 2024 amendment to the Equality Act reflects the UK’s response to the CHEZ judgment, which strengthens protection against indirect discrimination. Now, even if an individual does not themselves have the protected characteristic, they can claim if they are put at the same disadvantage as those who do.

What’s New—And Why Does It Matter?

• Broader Protection: Before, only those with the specific protected characteristic could claim. Now, anyone experiencing the same group disadvantage potentially has rights.
• Wider Risk for Employers: Businesses must more actively consider how broadly policies can impact different groups—not just those traditionally protected.

Direct vs Indirect Discrimination: Key Differences Explained

Understanding the difference between direct and indirect discrimination is crucial for any UK employer or manager. Here’s a quick reference table:

Download our side-by-side illustrated guide to check your understanding and improve HR training.

Objective Justification in Indirect Discrimination: When Is It Lawful?

Not all policies that create indirect discrimination are automatically unlawful. Employers can justify a policy if it is a proportionate way to achieve a legitimate aim. This two-part legal test requires:

1. Legitimate Aim: A clear, genuine, and non-discriminatory goal (such as health and safety, security, or essential business need).
2. Proportionate Means: Proving that the policy is reasonably necessary, and that less discriminatory alternatives have been properly considered and could not achieve the same result.

Key Elements of an Indirect Discrimination Policy: What to Include

Every UK employer should have a robust equality policy that addresses indirect discrimination proactively. Here are the essential clauses to include:

How to Spot and Prevent Indirect Discrimination: Step-by-Step Checklist

Ready to protect your business? Follow this step-by-step process:

1. Audit Current Policies and Practices
   • List all existing workplace rules, job requirements, and staff handbooks.
   • Invite employees to safely raise concerns or suggest possible adverse impacts.
2. Assess For Disproportionate Impact
   • Analyse whether any PCP could disadvantage a protected group, even if unintentionally.
3. Consult With Affected Staff
   • Hear from those with relevant protected characteristics, or staff representatives, to spot risks from their perspective.
4. Review Objective Justification
   • If the rule is necessary, capture your legitimate aim and why less discriminatory options are not available.
5. Update or Remove Risky Policies
   • Change, replace, or discontinue rules that can’t be clearly justified.
6. Train Managers and HR
   • Regular, practical training on indirect discrimination using up-to-date case studies.
7. Implement Fair Reporting Procedures
   • Make sure there’s a trusted, anonymous process for staff to report concerns—and guarantee prompt, impartial responses.
8. Schedule Regular Policy Reviews
   • Set annual reviews, and audit after any major legal changes.

What to Do If You Experience or Identify Indirect Discrimination at Work

If you believe you’ve experienced indirect discrimination, or have spotted a risk, follow these practical steps to protect your rights and seek a fair resolution:

1. Document the Evidence
   • Keep a record of the PCP, how it’s applied, and its impact—especially how it disadvantages you and your group.
2. Seek Informal Resolution First
   • Speak with your manager or HR informally. Many issues can be resolved quickly once flagged, especially if the impact wasn’t intended.
3. Raise a Formal Complaint
   • Use your employer’s grievance or complaints procedure—clearly set out your concerns and reference the protected group at risk.
4. Write a Complaint Letter
   • Prepare a structured letter detailing the policy, its effect, and proposed solutions. Our AI-powered template builder helps you do this with confidence.
5. Take Further Steps if Needed
   • If unresolved, consider contacting ACAS for conciliation. As a final step, you may submit a claim to an employment tribunal within three months.

Common Workplace Mistakes to Avoid With Indirect Discrimination

Many businesses stumble into discrimination claims by making these mistakes:

• Making changes to policies or practices without consulting staff.
• Failing to regularly review and update documentation after legal changes, such as the 2024 Equality Act amendment.
• Relying on outdated, generic contract templates unsuited for today’s legal environment.
• Dismissing or ignoring employee concerns, fueling disputes and formal complaints.
• Not keeping proper documentation regarding the objective justification of their policies.

How Go-Legal AI Makes Managing Indirect Discrimination Effortless

Our platform equips you with everything needed to manage the risk of indirect discrimination:

• Discrimination Risk Checker: Instantly review your documents and pinpoint hidden legal risks.
• Complaint Letter Generator: Build a legally sound complaint letter as soon as a problem arises.
• Policy Audit Toolkit: Spot outdated or non-compliant practices before they become a legal problem.
• Visual Comparison Guides: Simplify staff training and raise legal literacy.
• Policy Creation Wizard: Draft an Equality Act-compliant policy, up to date with 2024 standards, without jargon or legal fees.

Relying on generic templates or outdated documents can expose you to unnecessary risk. Our platform ensures your business is always ahead of the legal curve.

Frequently Asked Questions

What is an example of indirect discrimination under UK law?

Indirect discrimination includes rules like requiring all employees to work Friday evenings, which can disadvantage Jewish staff who observe the Sabbath. To see more examples, download our free guide.

Can I claim indirect discrimination if I don’t have the protected characteristic?

Yes. Since the Equality Act’s 2024 amendments, you may be eligible if a policy disadvantages you in the same way as it does those with a protected characteristic.

How does the Equality Act 2024 amendment affect indirect discrimination claims?

The amendment means a broader group—including those without the protected characteristic—can now bring a claim, so businesses must assess policies more carefully.

What does ‘proportionate means of achieving a legitimate aim’ mean?

It’s the legal test for exemptions. The employer must show the policy serves a real business goal and no less discriminatory alternative exists.

Are employers liable for indirect discrimination by managers or HR staff?

Yes. Employers are responsible for any discriminatory policies or practices their staff implement, unless they can prove objective justification.

How do I write a complaint letter for indirect discrimination?

Clearly describe the workplace policy, its group impact, and your requested outcome. Use our template generator to make this process simple and effective.

Can workplace dress codes be indirectly discriminatory?

Yes, if they conflict with religious or disability needs and there’s no justifiable, proportionate reason not to allow adjustments.

What happens if a business ignores indirect discrimination risks?

Risks include legal claims, compensation payments, negative publicity, and a loss of staff morale or trust.

What practical steps can small businesses take to comply?

Use clear, updated equality policies, regularly review workplace practices, engage staff, and ensure managers understand indirect discrimination. Our toolkit covers everything you need.

Is there a time limit for bringing a claim?

Claims to an employment tribunal must normally be made within three months (less one day) of the discriminatory act.

Safeguard Your Business Against Indirect Discrimination

Understanding and preventing indirect discrimination is now a baseline responsibility for every UK business. Small oversights in neutral-seeming rules can expose organisations—large or small—to reputational damage, costly tribunal claims, and staff dissatisfaction. Proactive policy reviews, staff engagement, and robust, up-to-date equality documents will ensure compliance with the Equality Act 2010 and the 2024 amendments.

Go-Legal AI gives every founder, HR lead, and business owner access to expert-reviewed templates, AI-powered compliance tools, and jargon-free support. Start your free trial today to scan your policies, create bespoke equality documents, or build lasting legal confidence from day one.