Direct discrimination

Ask why this person was treated less favourably

Section 13 of the Equality Act 2010 defines direct discrimination in Great Britain as treating one person less favourably than another because of a protected characteristic. The treatment can concern recruitment, pay, opportunities, management decisions, dismissal or another work matter.

Usually the comparison is with an actual or hypothetical person whose relevant circumstances are not materially different. Acas's direct-discrimination guidance also explains discrimination by perception and association. A person can be protected because they are thought to have a characteristic or because of their connection with someone who does.

An employer cannot normally justify direct discrimination by showing a business reason. Age is the principal exception under this test: direct age discrimination may be lawful when it pursues a legitimate aim in a proportionate way. Other narrow statutory exceptions, such as a valid occupational requirement, have their own conditions.

Pregnancy and maternity discrimination has specific rules and does not always require the ordinary comparator analysis. Use the correct legal route rather than forcing every fact into the general definition.

Investigate facts, not labels

An employee does not need to use the phrase direct discrimination for the concern to warrant attention. Ask what happened, who made the decision, what was said, how others were treated and what records exist. Preserve recruitment notes, messages and decision criteria.

Keep direct discrimination distinct from indirect discrimination. Direct discrimination focuses on the reason for less favourable treatment; indirect discrimination focuses on a provision, criterion or practice that disadvantages a group. Northern Ireland uses separate legislation and protected grounds, so the GB Equality Act test should not be copied across without checking the applicable NI route.