An example of indirect disability discrimination occurs when a seemingly neutral policy or practice, applied equally to everyone, disproportionately disadvantages individuals with a particular disability without a legitimate business justification.
Understanding Indirect Discrimination
Indirect discrimination arises when an employer, service provider, or organization applies a provision, criterion, or practice (PCP) that, while appearing neutral, puts people with a protected characteristic (such as a disability) at a particular disadvantage compared to those who do not share that characteristic. This is unlawful unless the organization can show that the PCP is a "proportionate means of achieving a legitimate aim." The Equality Act 2010 is the cornerstone of anti-discrimination law in the UK, making this form of discrimination illegal. You can learn more about your rights under this act at GOV.UK.
Practical Example: The Rest Break Policy
Consider a workplace with a standard rest break policy that dictates all employees take their lunch break at the same time, with no provision for additional breaks throughout the day. This policy applies uniformly to everyone.
However, for an employee managing a condition like diabetes, who might require snacks or small meals between standard meal times to regulate blood sugar levels, this rigid policy can present a significant challenge. Such an employee might experience health complications, reduced concentration, or discomfort if unable to eat when needed. If this employee's request for flexibility to accommodate their medical needs is denied, and the employer insists on strictly adhering to the universal policy, this refusal can constitute indirect disability discrimination.
The policy itself isn't inherently discriminatory, but its application disproportionately impacts the employee with diabetes because it fails to account for their specific needs, effectively putting them at a substantial disadvantage compared to their colleagues without the condition.
Key Elements of Indirect Discrimination in Practice
To illustrate how such a scenario fits the legal definition of indirect discrimination, consider these key elements:
| Element | Description | Example (from the rest break scenario) |
|---|---|---|
| Provision, Criterion, or Practice (PCP) | A rule, policy, or way of doing things that applies to everyone. | The workplace policy stating everyone has lunch at the same time with no other breaks. |
| Disadvantage | The PCP puts people with a particular protected characteristic (disability) at a particular disadvantage compared to others who do not share that characteristic. | Employees with diabetes are disadvantaged because they cannot manage their condition with necessary snacks/breaks, potentially impacting their health and ability to work effectively. |
| Particular Group | The PCP puts people who share the disabled person's disability at a disadvantage. | All individuals requiring frequent sustenance due to conditions like diabetes or similar medical conditions are disadvantaged by this rigid policy. |
| No Objective Justification | The employer cannot show that the PCP is a proportionate means of achieving a legitimate aim. | The employer cannot reasonably justify why they cannot make a simple adjustment for someone with diabetes without undue burden or compromising legitimate business needs. |
| Failure to Make Reasonable Adjustments | The employer has failed to make reasonable adjustments to prevent the disadvantage. | The employer refused to modify the break policy to allow the employee to have necessary snacks, despite knowing of their diabetes and the impact of the policy. |
Preventing Indirect Discrimination
Employers and organizations can take several proactive steps to prevent indirect disability discrimination:
- Review Policies Regularly: Periodically assess all internal policies, rules, and practices to identify any that might disproportionately disadvantage employees or customers with disabilities.
- Conduct Impact Assessments: Before implementing new policies, consider their potential impact on different groups, including those with disabilities.
- Promote Open Communication: Encourage employees to discuss any challenges they face due to policies, especially if related to a disability. This allows for early identification of potential issues.
- Implement Reasonable Adjustments: Be prepared to make "reasonable adjustments" to policies, working conditions, or the physical environment to remove or reduce disadvantages faced by disabled individuals. For example, allowing flexible break times or the ability to eat at desks for medical reasons can be a reasonable adjustment. More information on reasonable adjustments can be found on the ACAS website.
- Provide Training: Educate managers and staff on disability awareness and their responsibilities under equality legislation.
By proactively addressing potential disadvantages and being open to flexibility, organizations can foster an inclusive environment and avoid indirect discrimination.
