What is direct discrimination?

As a business owner in the UK, you know the importance of preventing direct discrimination. It’s not just a matter of protecting your employees and your business—it’s the law.

Of course, there’s challenges in identifying all instances of direct discrimination. But to help you gain a better understanding, we’ll be setting out the direct discrimination meaning and its implications.

If you need immediate help, it’s advisable to seek expert employment law advice for the effective prevention and management of direct discrimination.

The definition of direct discrimination

Direct discrimination occurs when someone is treated unfairly or less favourably because of a protected characteristic as defined by the Equality Act 2010. These characteristics are:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

Direct discrimination puts the effected person at a disadvantage, specifically because of their protected characteristics. But, what does that look like? Let's look at some examples.

Direct discrimination examples

Job candidates over the age of 60 might face automatic rejection due to the assumption that they’ll only work a few years before retirement. This is an example of direct discrimination against age.

Or, a physically demanding job might be advertised exclusively to men, as women are assumed to be weaker. This is an example of direct discrimination against sex.

It’s important to note that with direct discrimination, there’s also the potential for ‘discrimination by association’. This involves unfair treatment based on the relationship with somebody who has a protected characteristic.

And in cases of direct discrimination, where a person is subject to discrimination due to the mistaken assumption that they have a protected characteristic, this is called ‘discrimination by perception’.

Your legal obligation to address direct discrimination

The Equality Act 2010 is the main item of legislation that applies to the management of direct discrimination in UK workplaces. It outlines your legal responsibilities to your staff and others who may be affected.

As an employer, you’re under obligation to review direct discrimination claims and take appropriate action. All cases of direct discrimination should be handled according to your policies and procedures.

The consequences of direct discrimination might include:

• Significant legal fees and penalties where the discrimination is confirmed

• Reputational damage, potentially leading to reduced sales and business opportunities

• Difficulty in attracting quality job candidates due to the record of discrimination

• The setting of ongoing legal sanctions, monitoring, and operational restrictions

How to spot direct discrimination in your business

A systematic approach should be taken where there’s suspicion or a claim of direct discrimination in the workplace. This will mean gathering and reviewing the evidence. You should be prepared to assess company policies and records of employee management.

Here are some other direct discrimination examples:

• Rejecting a wheelchair-bound candidate who could meet job requirements with reasonable adjustments

• Asking invasive questions about a candidate’s sexual orientation, implying it affects their employment chances

• Excluding employees of a particular race from training and mentoring opportunities

How direct discrimination impacts your employees and culture

Direct discrimination is bound to have negative impacts, both on individual employees and the wider business culture. Victims and witnesses of such discrimination are likely to feel excluded and disempowered.

The longer the discrimination goes undetected and unaddressed, the greater the risk that morale and productivity will drop. There are bound to be more requests for time off, with alternative employment options considered.

Direct discrimination might also have these negative impacts:

• Increased sense of fear and mistrust among employees

• Development of mental health issues, reducing the ability to make effective contributions

• Reluctance to collaborate and take part in team activities

• Stifling of creativity and innovation, which are often the result of diverse thinking

How to address and prevent direct discrimination at work

There’s an obvious need for the promotion of diversity and inclusion within the workplace. As a business owner, it's best that you communicate and arrange training for increased awareness.

The risk may be further reduced through the introduction and enforcement of an equality and diversity policy, setting out worker rights and promising equal opportunities for all. Such a policy should also set out company processes for the handling of direct discrimination cases.

These preventative measures could also be taken:

• Promoting a culture of respect and acceptance through the arrangement of diversity and inclusion programmes

• Enabling the formation of employee resource groups, assuring employees with protected characteristics of mutual support

• Communicating and enforcing strict consequences for direct discrimination, with disciplinary action up to and including termination

Employees should be confident in reporting instances direct discrimination without any backlash. There’ll be a fair chance of resolving such cases informally, if action is taken at the earliest opportunity.

A real-world example of direct discrimination

You can see the negative impacts through real-world direct discrimination examples. In the recent direct discrimination case of Miss E N v G. & M.J. Crouch & Son Limited, the manager of a vehicle recovery firm was found guilty of direct discrimination based on the protected characteristic of sex.

During the tribunal, it was revealed that he had sent a text asking a female employee to attend a client meeting because they preferred "pretty women", along with other inappropriate messages over the years. This led the female employee, to file tribunal claims for sexual harassment, sex discrimination, harassment relating to sex, and unfair dismissal.

Following the direct sex discrimination verdict, a hearing will be held to determine the appropriate level of compensation. The tribunal's decision serves as a critical reminder that workplace discrimination, particularly based on sex, will not be tolerated and can result in severe legal consequences.

It underscores the importance of creating an inclusive and respectful work environment for all employees. This case also highlights the need for you to implement clear policies and training to prevent such discriminatory behavior.

Reporting and seeking support for cases of direct discrimination

Cases like Miss E N v G. & M.J. Crouch & Son Limited, highlights the importance of having robust reporting lines for your employees to make complaints about any alleged discrimination.

When employees know they have a reliable way to report discrimination, it fosters a sense of safety and inclusivity. Creating a positive work environment where everyone feels valued and respected. It also ensures that any allegations of discrimination—direct or not—are taken seriously and investigated thoroughly. 

By prioritising the review of direct discrimination complaints, you can identify and possibly resolve issues, preventing them from escalating.

Just remember to document any actions taken and conduct follow-up reviews to ensure legal compliance and fair treatment. And if you’re ever in doubt, reach out to employment law experts.

Get 24/7 help with direct discrimination from BrightHR

When you have to handle any issues with direct discrimination in your business, you can count on BrightAdvice. Our qualified HR and employment law experts are on hand 24/7 to answer any questions you have about the handling of direct discrimination cases and more.

We also offer a comprehensive online HR library of contracts, handbooks, factsheets, and templates for your continued compliance.

BrightHR can help you limit the direct discrimination risk, with:

• Unlimited access to the 24/7 employment law advice line

• Easy tracking of ongoing cases and reference to recently asked questions

• Instant employment law updates from across the world 

Get help today and book a free demo to talk to a friendly advisor about how BrightHR can help you, your business and your employees.