Indirect discrimination occurs when an employer applies a seemingly neutral rule, policy or practice that, in reality, puts people with a particular protected characteristic at a particular disadvantage.

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Even if the employer did not intend to discriminate, the practice may still be unlawful unless it can be objectively justified.

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Examples make this easier to understand.

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Example 1 – religion or belief

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A factory owner bans employees from wearing dreadlocks, even if tied back.

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The rule appears neutral, but it may disproportionately disadvantage Rastafarian employees, for whom dreadlocks have religious significance.

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The employer would need to show the rule is objectively justified.

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Example 2 – sex

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A bus company requires drivers on two specific routes to retake a theory test.

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The rule looks neutral, but almost all drivers on those routes are women.

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This may amount to indirect sex discrimination, unless the employer can justify the requirement.

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Example 3 – childcare responsibilities / sex

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A department store includes a mobility clause requiring staff to travel abroad at short notice.

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A female employee with young children believes the clause disadvantages women, who more often have primary caring responsibilities.

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She can challenge the clause even if she has not yet been asked to travel.

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Example 4 – race / nationality

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An employer sends information about a seasonal bonus to the last known address of summer workers.

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Migrant workers often return to their home countries in winter, so they are less likely to receive the letter in time.

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This may be indirect race discrimination, unless the employer can justify the practice.

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When to seek advice

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Indirect discrimination is often subtle — employees feel a rule is unfair but are unsure whether it is unlawful.

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If you are concerned about a workplace policy or practice, I can review your situation and explain your rights.