Equality Act 2010

[F119AIndirect discrimination: same disadvantageE+W+S

(1)A person (A) discriminates against another (B) if—

(a)A applies to B a provision, criterion or practice,

(b)A also applies, or would apply, the provision, criterion or practice to—

(i)persons who share a relevant protected characteristic, and

(ii)persons who do not share that relevant protected characteristic,

(c)B does not share that relevant protected characteristic,

(d)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,

(e)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

(f)A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

(2)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.]