Indirect discrimination
[ch 8: page 44]Indirect discrimination (section 19 EA 10) is where an employer applies a provision, criterion or practice (PCP) (see page 23) in the same way to all staff, but which puts disabled people at a particular disadvantage. An example would be a requirement to work a shift pattern with limited breaks that may disadvantage those with Type 1 diabetes.
Indirect discrimination is lawful if the employer can objectively justify it. This means that if they can show that they have a legitimate aim for imposing this policy, and it is a proportionate means of achieving that aim, there will be no discrimination.
In practice, individuals who are disadvantaged by the application of a PCP are more likely to seek reasonable adjustments or (in England, Wales and Scotland) claim disability-related discrimination. But pointing out that a policy is indirectly discriminatory can help unions negotiate more inclusive policies and working environments.