Indirect discrimination

This occurs where an employer’s policy, practice or rule (that may apply to everyone) puts people with a particular protected characteristic at a disadvantage. The employer has a defence regarding indirect discrimination if they can justify it as “a proportionate means of achieving a legitimate aim”.

The employer has a defence if they can justify it and can prove that it was a proportionate way of achieving a lawful outcome. However, if there was another reasonable way of achieving the same outcome without the need to discriminate, the employer would normally be expected to take the other way.