Discrimination doesn't have to be nasty or intentional. Claims on grounds of a 'protected characteristic' can arise from either direct or indirect discrimination.
There is no defence for treating someone less favourably if the reason is because of their membership of a protected group.
A discrimination claim would be valid even if the employer thinks they are acting in the interest of the individual. An example of this would be where an employer may be concerned about the safety of an employee in a particular role because of their ethnic background. The protected characteristic is STILL the main reason for treating the individual differently.
Indirect discrimination could be where protected groups are detrimentally affected by a practice or a policy, even though there was no direct intention to do so. For example, expecting shift work as a condition of employment may indirectly discriminate against women who are more likely to have caring commitments.
For more help or advice, email me at jen@thehrexperts.co.uk
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