Understanding Direct vs. Indirect Discrimination

The podcast delves into the complexities of distinguishing between direct and indirect discrimination under the Equality Act in the context of cases involving discrimination due to personal beliefs. Direct discrimination occurs when an individual is treated unfavorably due to a protected characteristic, such as disability. For instance, if an employee is dismissed solely for being disabled, this is clear-cut direct discrimination, with no justification permissible. In contrast, indirect discrimination arises when a workplace policy applies to everyone but disproportionately affects individuals with a protected characteristic, giving employers room to argue for justification of the policy.