Types of Discrimination

Discrimination law draws a clear distinction between four recognised forms of unlawful treatment, and this video works through each of them in the context of the Equality Act and its application within organisations. The four types covered are direct discrimination, indirect discrimination, harassment, and victimisation. For each, the video identifies the specific legal definition and the test that employment tribunals apply when a claim is brought. The video also addresses two extensions of direct discrimination — discrimination by perception and discrimination by association — which broaden protection beyond the person who actually holds a protected characteristic.

The treatment of direct and indirect discrimination occupies a significant portion of the video, including a discussion of the comparator test used in direct discrimination claims and the concept of a provision, criterion, or practice in indirect discrimination cases. The video notes the different justification rules that apply to each type, including the position on age discrimination and the proportionate means of achieving a legitimate aim standard. On harassment, the video distinguishes between three separate forms and references the Worker Protection Act 2023, explaining how that legislation shifts employer obligations towards proactive prevention of sexual harassment rather than reactive response.

The video closes its coverage with victimisation, examining the concept of a protected act under the Equality Act and the range of detriments — from dismissal to subtler forms of exclusion — that can constitute unlawful retaliation against someone who has raised a discrimination concern. Throughout, the video situates all four types within the broader context of AC 3.3 of 3CO04, addressing discrimination as it can arise before, during, and after the employment relationship. Viewers will encounter the legal boundaries of each category and the distinctions that determine how each type is identified and distinguished from the others.