What Is Direct Discrimination and How to Recognise It

What Is Direct Discrimination?

Direct discrimination is when someone is treated unfairly because they have, are believed to have, or are associated with someone who has a protected characteristic. For example, if an employer refuses to hire or promote someone due to their faith-based commitments despite the fact they’re fully qualified to do the job, this could be seen as direct discrimination because religion is a protected characteristic.

There are 9 protected characteristics named in the Equality Act 2010. These are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Protected characteristics are labelled as such for a reason – they’re characteristics protected by law.

In most cases, direct discrimination can’t be justified. However, there are some limited exceptions. For example, direct age discrimination may be lawful if an employer can show that the treatment is “a proportionate means of achieving a legitimate aim”. This means there is a  genuinely good reason for it.

Objective justification can also apply to indirect discrimination and discrimination arising from disability. For example, if someone has a disability that means they can’t carry out a particular task safely, an employer might be able to justify restricting that task if the restriction is necessary to protect the health and safety of the employee or other people, and there’s no less discriminatory way of achieving this.

According to Ciphr, the most commonly reported type of discrimination in 2025 was ageism, with almost 15% of people believing that their age was a barrier to securing a new job opportunity.

How to Spot Direct Discrimination

If you’re unsure whether direct discrimination is taking place in your workplace or educational environment, it can help to compare the treatment of the person affected with how someone else in the same or similar circumstances is, or would be, treated.

For example, you might ask:

Has this person been treated less favourably than someone in the same or similar circumstances who doesn’t share the protected characteristic?

Or:

Was another candidate who was similarly qualified selected or treated more favourably because they didn’t have the protected characteristic?

Drawing comparisons like these can make it easier to spot whether a case is really direct discrimination rather than simply different treatment based on other relevant circumstances.

Types of Direct Discrimination & Examples

Around 45% of people report having experienced discrimination in the workplace or when applying for jobs. There are three key types of discrimination covered by Section 13 of the Equality Act 2010. They are:

Ordinary Direct Discrimination

Ordinary direct discrimination is when someone is discriminated against for having a protected characteristic.

Example: A qualified 58-year-old applicant is rejected for a job because the employer says they want someone “younger and more energetic”, despite the applicant having the required skills and experience.

Discrimination by Association

Discrimination by association is when someone is discriminated against for being associated with someone else who has a protected characteristic.

Example: An employee is refused a promotion because their manager believes that, as the parent of a disabled child, they will need too much time away from work for caring responsibilities.

Discrimination by Perception

Discrimination by perception is when someone is discriminated against because they’re believed to have a protected characteristic when they don’t. 

Example: A male employee is excluded from client meetings because his manager assumes he’s gay and believes certain clients may react negatively, even though the employee isn’t gay.

The Difference Between Direct and Indirect Discrimination

When most people picture discrimination, they imagine an individual being treated less favourably because of a protected characteristic. However, discrimination can also happen as a result of a rule or policy that applies to everyone.

With direct discrimination, a person is treated less favourably because of a protected characteristic. Indirect discrimination, on the other hand, is when a rule, policy, or practice applies to everyone but puts people who share a particular protected characteristic at a disadvantage.

Let’s say a college introduces a rule requiring all students on a particular course to attend assessed seminars on Friday evenings, with no alternative time available. This could amount to indirect discrimination because, although the rule applies to every student, it may place Jewish students who observe the Sabbath at a particular disadvantage because they may be unable to attend for religious reasons.

Examples of Lawful Direct Discrimination

It’s very hard to justify direct discrimination. However, in some rare cases, discrimination may be seen as lawful if it falls within a specific exception under the Equality Act 2010 and the legal requirements for that exception are met. Exceptions might include:

Age Justification: If an employer directly discriminates against an employee due to their age because the role requires them to operate machinery that can only legally or safely be used by people aged 18 or over, this could be seen as lawful because the employer may be able to prove an objective justification.

Favourable Treatment to Remove Disadvantage: While not technically an “objective justification”, an employer may treat a disabled employee more favourably in order to remove or reduce a disadvantage they experience at work. For example, an employer might provide specialist equipment, alter working hours, or make other reasonable adjustments that benefit them. Employers have a separate legal duty to make reasonable adjustments for disabled employees where required, and treating a disabled person more favourably than a non-disabled person doesn’t automatically mean direct disability discrimination.

Genuine Occupational Requirements: An employer can hire someone with a specific characteristic if it’s essential for the role that they’re undertaking. For example, a women’s support charity might hire a female support worker in order to provide sensitive, personal support to women who may feel unable to receive that support from a male worker, particularly where privacy, dignity, or trauma are involved.

What to Do If You Experience Direct Discrimination at Work

Although it can be tricky to have conversations about discrimination at work, if you believe you’re being directly discriminated against, it’s vital to raise your concerns with your manager or HR. Here’s a step-by-step process you can follow:

1. Gather evidence: Pull together anything that supports your concerns, such as emails, instant messages, documents, dates, witness details, or notes about conversations. You can use this guide to help identify why the treatment may amount to direct discrimination rather than another type of discrimination.
2. Contact your employer informally: In many cases, it’s best to raise the issue informally first. You could arrange a 1:1 or email your manager or HR, clearly explaining what happened, why you believe it was discriminatory, and what you’d like them to do about it. 
3. If the issue remains unresolved, raise a grievance: If the informal route hasn’t resolved the issue, follow your company’s procedure for raising a grievance. A grievance is a formal complaint to your employer. Your employer should follow a fair procedure that meets the Acas Code of Practice.
4. Contact Acas: It’s a good idea to contact Acas for advice, particularly if you’re considering making an employment tribunal claim, as you must notify Acas first. Acas can then offer Early Conciliation, where a conciliator helps you and your employer try to reach an agreement without going to a tribunal.

FAQs

What is the difference between direct and indirect discrimination?

Both direct and indirect discrimination involve protected characteristics. The main difference is how the discrimination occurs in relation to those protected characteristics.

With direct discrimination, a person is treated less favourably because of a protected characteristic. This may involve an individual behaving in a certain way towards another person, or a decision being made because of that characteristic.

Whereas, with indirect discrimination, a rule, policy, practice, or requirement applies to everyone but puts people with a particular protected characteristic at a disadvantage.

What is direct discrimination by perception?

Direct discrimination by perception is when someone is treated less favourably because they’re perceived to have a protected characteristic when they don’t.

What is an example of direct discrimination?

One example of direct discrimination is a person being rejected after a job interview because of their sexual orientation. If the person didn’t land the job because of their sexual orientation, while another candidate who doesn’t share that characteristic was treated more favourably, this could amount to direct discrimination.

Can direct discrimination ever be justified?

In rare cases, direct discrimination may be lawful if a specific exception applies. For example, some roles will have age limits based upon genuine operational needs (e.g. maximum entry ages for physically demanding emergency services roles), if they can be objectively justified.

Objective justification is where an organisation can show that the treatment was a “proportionate way of achieving a legitimate aim”. In other words, there was a genuine reason for the decision and the action taken was necessary and appropriate.