{"id":1966,"date":"2022-01-18T04:16:46","date_gmt":"2022-01-18T04:16:46","guid":{"rendered":"https:\/\/uk.legalvision.com.au\/?p=1966"},"modified":"2022-06-06T06:53:51","modified_gmt":"2022-06-06T05:53:51","slug":"unfair-disadvantage","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/employment\/unfair-disadvantage\/","title":{"rendered":"What is an Unfair Disadvantage in England and Wales?"},"content":{"rendered":"

As an employer, you are likely aware that you must not discriminate against your employees. Discrimination is treating another person less favourably. For example, you might decide not to give a certain employee a job or pay them less than another worker without sound reason. Likewise, your decision to treat a particular person less favourably is based on personal characteristics, such as religion, race, or sex. This is a direct form of unlawful discrimination<\/a>.\u00a0<\/span><\/p>\n

However, it is also possible for an employer to discriminate without necessarily intending to do so. This is indirect discrimination. An example is where your working conditions put a group of people at an unfair disadvantage due to their personal characteristics.\u00a0<\/span>This article will explain what is meant by indirect discrimination resulting in an unfair disadvantage at work. It gives examples of how this may occur and describes where your actions may appear to be indirect discrimination but are actually done with good reason and, therefore, justified.\u00a0<\/span><\/p>\n

What is an Unfair Disadvantage?<\/span><\/h2>\n

An unfair disadvantage in employment is where a group of people are indirectly discriminated against because of a condition affecting all, or a group of people. Subsequently, this condition (like a policy or workplace practice<\/a>) puts them at a disadvantage to other employees.\u00a0<\/span><\/p>\n

For example, suppose you decide to reward your staff with a performance-related pay scheme. Your female employees may claim this puts them at an unfair disadvantage because it indirectly discriminates against them. The argument may be that they are more likely to take leave, such as maternity leave. In this instance, it does not matter that you do not intend to discriminate against them. Indeed, it may still be a form of indirect discrimination that puts certain works at an unfair disadvantage.<\/span><\/p>\n

How Do You Prove Indirect Discrimination?<\/span><\/h2>\n

Additionally, there are four requirements for an employee to demonstrate when alleging that you are indirectly discriminating against them and, therefore, putting them at an unfair disadvantage. Your action must:<\/span><\/p>\n

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  1. affect either all employees or a group of them;<\/span><\/li>\n
  2. cause a group with a protected characteristic to be disadvantaged;<\/span><\/li>\n
  3. have caused or will cause a disadvantage; and<\/span><\/li>\n
  4. have no justifiable business reason for being in place.<\/span><\/li>\n<\/ol>\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
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