Which one of the following is an example of workplace discrimination in the form of exclusion?

Direct and indirect discrimination

Direct discrimination

Direct discrimination is when someone is treated unfairly because of a protected characteristic, such as sex or race. For example, someone is not offered a promotion because they're a woman and the job goes to a less qualified man.

Asking about protected characteristics when recruiting

An employer must not ask questions about any protected characteristic when hiring new staff, except in rare circumstances.

Example

A business is looking to hire a personal assistant. In the job application form, there's a question asking if the applicant has any disabilities that will make doing the job difficult.

As disability is a protected characteristic, this question is against the law. The employer should instead ask all applicants if they need any reasonable adjustments to complete the interview or any part of the hiring process.

Employers can find out more about avoiding discrimination when hiring someone.

If you believe you've been discriminated against when applying for a job

Find out what to do if you believe you've been discriminated against when applying for a job.

Being treated unfairly because of someone else's protected characteristic

One type of direct discrimination is when someone is treated unfairly because of the protected characteristic of either:

• someone they know
• someone they're associated with

The legal term is 'discrimination by association'. It's also known as 'associative discrimination'.

Example

Al has a close friend who had surgery to change their sex. After some of Al's work colleagues find out about the surgery, they stop inviting Al to social events. This could be discrimination by association, as gender reassignment is a protected characteristic.

Being treated unfairly because of a protected characteristic someone thinks you have

Another type of direct discrimination is 'discrimination by perception'. This is when someone treats a person unfairly because they think they have a certain protected characteristic, whether or not it's true.

Example

Rehan is rejected for promotion to a supermarket buying team that sources wines. The employer believes Rehan is Muslim because of her name and they would therefore not want to work with alcohol. This is discrimination by perception (Rehan is not a Muslim).

Marriage and civil partnership

Marriage and civil partnership are not covered by the law on:

• discrimination by association
• discrimination by perception

Pregnancy and maternity

This can be a complex area. You can contact the Acas helpline if you'd like to talk this through.

Indirect discrimination

Indirect discrimination can happen when there are rules or arrangements that apply to a group of employees or job applicants, but in practice are less fair to a certain protected characteristic.

The employee or applicant must be able to prove both of the following about the rule or arrangement:

• it's unfair to them and to others with the same protected characteristic, for example a woman believes she's experiencing sex discrimination against women
• it's unfair compared with those who do not have the protected characteristic, for example, it's unfair to employees who are women, but not to men

Indirect discrimination can be allowed if the employer can prove a business case for the rule or arrangement ('objective justification').

Example 1

A business is recruiting for a head of sales. The HR team only advertises the job internally. The only people who could apply internally are all men. This means the business could be discriminating indirectly, based on sex.

Example 2

A job advert for a salesperson says applicants must have spent 10 years working in retail. By doing this the business could be discriminating indirectly based on age. This is because the advert excludes young people who may still have the skills and qualifications needed.

The advert should instead say that applicants need a specific type of experience and knowledge. It should also include the main tasks and skills involved in the job, to show applicants what they'll need to be able to do.

If you have questions about types of discrimination

You can:

• contact the Acas helpline
• contact the Equality Advisory and Support Service (EASS) 
• get legal advice

Last reviewed

12 March 2020

Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law.

What discrimination is

Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or an employee from a minority ethnic community being refused the training opportunities offered to other colleagues.

There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination.

There are laws against discrimination on the basis of your:

• gender
• marriage or civil partnership
• gender reassignment
• pregnancy and maternity leave
• sexual orientation
• disability
• race
• colour
• ethnic background
• nationality
• religion or political opinion
• age

There are also laws which forbid workers from being dismissed or treated less favourably than other workers because they do:

• part-time work  
• fixed-term work  

Types of discrimination

Legislation protects employees from discrimination of different types.

Direct discrimination

Direct discrimination happens when an employer treats an employee less favourably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants.

There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only.

Indirect discrimination

Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.

Indirect discrimination is unlawful, whether it is done on purpose or not. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was genuine hygiene risk.

Harassment

You have the right not to be harassed or made fun of at work or in a work-related setting (for example, an office party).

Harassment means offensive or intimidating behaviour - sexist language or racial abuse, which aims to humiliate, undermine or injure its target or has that effect. For example, allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname.

Victimisation

Victimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events.

Being treated unfairly for other reasons

If you are treated unfairly, but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in or outside of the workplace.

• Bullying in the workplace

If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum or Living Wage.

Other rights where you are protected from being mistreated because you have asked for them in good faith include:

• rights to a written statement of employment particulars
• protection from unlawful deductions from wages
• rights to paid holiday
• limits on your working hours
• the right to join a trade union
• How to resolve a problem at work

Where you can get help about discrimination

The Labour Relations Agency (LRA) and Advice NI offer free, confidential and impartial advice on all employment rights issues.

If you are a member of a trade union, you can get help, advice and support from them.

• Introduction to trade unions

More useful links

• Equality Commission for Northern Ireland
• Discrimination (Labour Relations Agency website)
• Prevent discrimination and value diversity (nibusinessinfo.co.uk website)
• Northern Ireland Human Rights Commission