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Equality Act 2010 Direct Discrimination

The Equalities Act has been introduced to protect workers from discrimination and unfair treatment in the workplace; all employers need to be aware of their responsibilities and obligations.

Direct discrimination will occur when an individual treats another less favourably than they treat others because of a protected characteristic e.g. age, sex, race etc. To make this determination a comparison must be made with how the employer treats other individuals in similar circumstances. The only exceptions to this are discrimination due to pregnancy and deliberate segregation due to race; in these instances the test is just whether the treatment is unfavourable rather than less favourable.

If it is not possible to identify and individual as a comparator when determining whether treatment has been less favourable a hypothetical comparator may be used.

In order for there to be discrimination it is not necessary for the employee to have been put at any actual disadvantage, economic or otherwise, it is enough that they can reasonably say that they would have preferred not to be treated differently to another person.

The Act states that an employer cannot attempt to redress the balance where an employee has received less favourable treatment. For instance, if an individual is demoted because of their sexual orientation they would not have less of a case because the employer increased their pay.

Direct discrimination by an employer is unlawful regardless of whether any difference in treatment of workers is conscious or unconscious and regardless of motive or intention.

Discrimination can also be by association, whereby an employee may receive less favourable treatment because of protected characteristic even though they do not have that characteristic themselves e.g. a worker with a disabled child. If it is perceived that an individual has a protected characteristic when in fact they do not discrimination can still occur e.g. if an individual receives less favourable treatment because it is believed, but not known, that they are homosexual.

It should be noted that, in relation to disability discrimination, the Act only protects disabled people and therefore it would not be considered discriminatory to treat a disabled person more favourably than a non-disabled person.

If you would like to speak to a member of the team about our Umbrella Company services, you can contact us on 01206 713680 or email jaime.thorpe@contractorumbrella.com.

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