Section 19: Indirect discrimination

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 2: Equality: key concepts — Chapter 2: Prohibited conduct

A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

A applies, or would apply, it to persons with whom B does not share the characteristic,
it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,
it puts, or would put, B at that disadvantage, and
A cannot show it to be a proportionate means of achieving a legitimate aim.

The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.