Direct Discrimination Machins Solicitors LLP Direct Discrimination Section

Direct Discrimination • Section 13 Equality Act 2010 • A person directly discriminates against

Less Favourable Treatment • Where an individual has been treated less favourably • Requires

Because of a protected characteristic • The less favourable treatment must be because of

Protected characteristics • For direct discrimination, the protected characteristics are: – – – –

Machins Employment Team 01582 514 000 Jackie Cuneen – Jackie. Cuneen@Machins. co. uk David

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Direct Discrimination Machins Solicitors LLP

Direct Discrimination • Section 13 Equality Act 2010 • A person directly discriminates against another person where: – he treats him less favourably than he treats or would treat others; and – he does so because of a protected characteristic.

Less Favourable Treatment • Where an individual has been treated less favourably • Requires a comparison • Real or hypothetical • Must not be materially different.

Because of a protected characteristic • The less favourable treatment must be because of a protected characteristic. • Examination of why the less favourable treatment occurred. – May be inherent in the act itself; or – May be a discriminatory motivation. • Can be conscious or unconscious. • Irrelevant if the perpetrator and victim share the same characteristic.

Protected characteristics • For direct discrimination, the protected characteristics are: – – – – – age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sexual orientation.

Machins Employment Team 01582 514 000 Jackie Cuneen – Jackie. Cuneen@Machins. co. uk David Rushmere – David. Rushmere@Machins. co. uk Sorcha Monaghan – Sorcha. Monaghan@Machins. co. uk Simran Lalli – Simran. Lalli@Machins. co. uk Faith Widdowson – Faith. Widdowson@Machins. co. uk