Section 19A — Indirect discrimination: same disadvantage
This version in force from 2024-01-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) [F1 A person (A) discriminates against another (B) if—]
(a) [F1 A applies to B a provision, criterion or practice,]
(b) [F1 A also applies, or would apply, the provision, criterion or practice to—]
(i) [F1 persons who share a relevant protected characteristic, and]
(ii) [F1 persons who do not share that relevant protected characteristic,]
(c) [F1 B does not share that relevant protected characteristic,]
(d) [F1 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) [F1 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) [F1 A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.]
(2) [F1 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.]
Amendment notes
- F1 S. 19A inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 3(2)