Section 19A: Indirect discrimination: same disadvantage

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,
A also applies, or would apply, the provision, criterion or practice to—
persons who share a relevant protected characteristic, and
persons who do not share that relevant protected characteristic,
B does not share that relevant protected characteristic,
the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic,
the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and
A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

The relevant protected characteristics for the purposes of this section are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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