A company introduces a new policy requiring all staff to work on Sunday mornings. An employee who attends religious services at that time asks for an alternative shift, but the employer refuses, stating that the rule is fair because it applies to everyone equally. Under the Equality Act 2010, which of the following statements best describes this situation?
- It may be considered indirect discrimination because a rule that applies to everyone puts people of a particular religion at a disadvantage.Answer
- BIt is lawful because fairness in the UK is defined as applying the exact same rules to all people regardless of their personal circumstances.
- CThe policy is protected by the principle of individual liberty, which allows business owners to operate without considering the religious beliefs of staff.
- DThe Equality Act 2010 only protects against direct prejudice and does not cover situations where a rule is applied to all employees in the same way.
Answer
The situation may be considered indirect discrimination because a rule that applies to everyone can still put people of a particular religion at a disadvantage.
The correct answer is correct because the Equality Act 2010 identifies 'indirect discrimination' as occurring when a policy or rule is applied to everyone but has the effect of disadvantaging people who share a protected characteristic, such as religion. In this case, a requirement to work on Sunday mornings disproportionately affects those whose faith requires religious observance at that time.
Step-by-Step Solution
Key Concept
Indirect Discrimination
Practice More
Review the nine protected characteristics listed in the Equality Act 2010 to understand the full scope of fairness and anti-discrimination law in the UK.
Estimated Time:1m 15s