Direct discrimination is when someone is put at a disadvantage or treated less favourably because of a 'protected characteristic'.
By law (Equality Act 2010), protected characteristics are:
Less favourable treatment can be anything that puts someone with a protected characteristic at a disadvantage, compared to someone who does not have that characteristic.
There's no legal definition of 'disadvantage'. But it might include excluding someone from opportunities, causing them distress, or making it harder to do their job.
There are 3 types of direct discrimination. These are when it happens to a person who:
This is when someone is put at a disadvantage and treated less favourably because of a protected characteristic they have. It's sometimes known as 'ordinary' direct discrimination.
Mo works in sales. She applies for a job with a company selling farm machinery. The employer rejects the application because they think men have better technical skills and would have more credibility with customers. This is direct discrimination because of sex.
Sometimes direct discrimination is allowed if there is 'objective justification'. This means the employer is able to prove there's a good business reason.
It only applies in some situations related to age and disability.
'Discrimination by association' is a type of direct discrimination. It's also known as 'associative discrimination'.
It means discriminating against someone because of their connection with either:
Discrimination by association does not apply to the protected characteristic of marriage and civil partnership.
Al has a close friend who had gender reassignment surgery. After some people at work find out about this, they stop inviting Al to work social events. This could be discrimination by association, as gender reassignment is a protected characteristic.
'Discrimination by perception' is another type of direct discrimination. It's also known as 'perceptive discrimination'.
It means discriminating against someone because of a 'perceived' protected characteristic. For example thinking someone is a certain age and discriminating against them because of it, when they're not actually that age.
Discrimination by perception does not apply to the protected characteristic of marriage and civil partnership.
Rita wears a rainbow bracelet to display commitment to LGBT+ equality. Some colleagues think this means Rita is a lesbian and they draw offensive graffiti on Rita's locker. Rita is not a lesbian, so this is discrimination by perception on the grounds of sexual orientation.
Direct discrimination because of pregnancy and maternity can be a complex area. If you'd like to talk this through, you can contact the Acas helpline.
Read more examples of direct discrimination in our advice on:
If you think you've been discriminated against at work, you should raise the issue with your employer. You can raise the problem informally or formally.
If you're an employer, you should take any complaint of discrimination very seriously and look into it as soon as possible. You must follow a full and fair procedure.
If you think someone else at work is being discriminated against, there are actions you can take.
Find out more about:
You can contact the:
You can find more detailed legal guidance on the Equality Act 2010 in the Employment: Statutory Code of Practice from the Equality and Human Rights Commission.