Indirect discrimination can often go unnoticed, but its impact can be just as damaging as overt, intentional bias.

Unlike direct discrimination, which is usually easier to identify, indirect discrimination tends to arise from rules, policies, or practices that seem neutral but end up hurting certain groups of people.

Whether you’re an employee questioning a company policy or an HR professional aiming to foster a fairer workplace, understanding what indirect discrimination looks like is an important first step.

In this guide, our legal experts explain what indirect discrimination means under UK law, provide real-world examples, and outline what you can do if you believe you’ve been affected.

What Is Indirect Discrimination?

Indirect discrimination happens when a policy, practice, or rule applies to everyone in the same way, but puts people from a particular protected group at a disadvantage.

It isn’t always intentional. In fact, many employers may not realise their policies are causing harm. But under the Equality Act 2010, indirect discrimination is unlawful if it cannot be justified as a proportionate means of achieving a legitimate aim.

To legally count as indirect discrimination, four conditions must be met:

1. A policy or practice is applied equally to everyone.
2. That policy disadvantages people who share a protected characteristic.
3. You are personally affected by the disadvantage.
4. The employer cannot justify the policy as necessary and proportionate.

Protected characteristics include age, sex, race, religion or belief, disability, sexual orientation, gender reassignment, marriage or civil partnership, and pregnancy or maternity.

Examples of Indirect Discrimination

Understanding how indirect discrimination works in practice can help you spot it more easily. Below are a few common workplace scenarios where seemingly neutral policies may disadvantage certain groups.

Example 1: Dress Codes and Religious Beliefs

An employer introduces a strict dress code that bans all head coverings. While intended to appear professional, this rule could indirectly discriminate against individuals who wear head coverings for religious reasons, such as Muslim women or Sikh men.

Example 2: Full-Time Office Requirement

A company insists that all roles must be done full-time in the office. This blanket rule may disadvantage parents who require flexibility due to childcare responsibilities, potentially amounting to indirect sex discrimination with mothers being disproportionately affected.

In fact, a 2025 report found women are almost twice as likely as men to report feeling discriminated against because of their gender. On average, nearly one in seven (15%) women in the UK say they've experienced sexism in their working lives, compared to one in 12 (8.5%) men. With the growing practice of men taking paternity leave and shared maternity leave there will undoubtedly be a number of men who feel discriminated in the workplace.

Example 3: Short-Notice requirement to work Additional Hours

Requiring employees to attend work events outside of office hours, travel overseas or socialise with clients may all disadvantage some employees. For example, This email address is being protected from spambots. You need JavaScript enabled to view it. with disabilities or caring responsibilities may find it harder to adapt quickly, meaning they’re disproportionately impacted by the policy.

Example 4: Promotion Criteria Based on Uninterrupted Service

Requiring a certain number of years of continuous service for promotion could disadvantage women who have taken maternity leave, or people with long-term health conditions, even if their time away from work was legally protected.

Indirect vs Direct Discrimination: What’s the Difference? 

Feature	Direct Discrimination	Indirect Discrimination
Definition	Treating someone less favourably because of a protected characteristic	Applying a rule or policy that appears neutral but disadvantages a group
Intentional?	Often intentional or clearly targeted	Usually unintentional or indirect in effect
Focus	Individual treatment	Broad policies, practices, or rules
Example	Refusing to hire someone because of their religion	Having a uniform policy that prohibits religious attire
Legality under UK Law	Unlawful in almost all cases	Unlawful unless the employer can justify the policy
Can It Be Justified?	Rarely justified	Can be legal if it’s a proportionate means of achieving a legitimate aim

 

How the Law Sees It

Indirect discrimination is covered under the Equality Act 2010, which protects individuals from being disadvantaged at work due to certain characteristics.

The law recognises nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

If a workplace policy, rule or requirement disproportionately disadvantages a group based on one of these characteristics and the employer cannot justify it, it may be considered unlawful.

Employers must show that:

• The policy serves a legitimate business aim (e.g. safety, efficiency, legal compliance), and
• The impact on affected employees is proportionate and reasonably necessary to achieve that aim

If not, employees affected may have grounds to bring a claim.

Importantly, you do not need to prove intent – only that the rule or policy causes a disadvantage and is not justifiable. This makes it a powerful legal protection for employees who may otherwise struggle to raise concerns about workplace inequality.

If successful, a claim may result in:

• A change to the discriminatory policy
• Compensation for financial loss and injury to feelings
• Reinstatement or promotion, in some cases

What to Do If You’re Affected

If you believe a workplace policy or practice has put you or others who share a protected characteristic at a disadvantage, you have the right to challenge it under the Equality Act 2010.

You’re not alone in your battle either. Unfortunately, a 2025 study found over two fifths (45%) of UK adults say they have experienced some form of workplace discrimination – either in the workplace (38%) or when applying for new jobs (39%) or both.

Protect your rights and keep employers accountable by: 

• Raise the issue internally
  Start by discussing your concerns informally with your line manager or HR. Many issues can be resolved through communication and policy reviews.
• Submit a formal grievance
  If your concerns aren’t addressed, you can raise a grievance in writing. This puts your employer on notice that legal rights may be affected.
• Seek legal advice
  A specialist employment lawyer can assess whether the policy in question is likely to be classed as indirect discrimination – and whether the employer can justify it.
• Take the matter to an Employment Tribunal
  If internal routes are exhausted, you have the right to bring a claim to tribunal. Time limits apply – usually three months (less one day) from the date the discriminatory act occurred.

Many cases of indirect discrimination are resolved without going to court. However, taking early legal advice helps you understand your options and take the best course of action for your situation.

For more information on how we operate and what to expect, you can explore our Costs and Services guide to make a decision that’s right for you.

How Cavendish Employment Law Can Help

At Cavendish, we understand that indirect discrimination can be subtle, frustrating, and difficult to challenge without support.

Our award-winning team has successfully represented clients in a wide range of discrimination claims – from unfair promotion policies to rigid workplace rules that disadvantage parents, carers, or religious groups.

If you believe a workplace policy has unfairly affected you, we can:

• Review the policy or practice in question
• Advise you on whether you have a valid legal claim
• Support you through internal complaints or grievance procedures
• Represent you in tribunal proceedings, if necessary

You don’t have to face this alone. With a 100% success rate in contentious cases, Cavendish Employment Law provides clear, expert guidance from day one.

Call us today on 0207 965 7203 or contact us online for confidential advice.