Where an employer’s provision, criterion or practice (PCP) puts

1. A greater proportion of people from a certain group [such as, gender, race, disability, age, sexual orientation or religion or belief] at a disadvantage when compared to other groups, and
2. An individual from that group is disadvantaged and
3. The employer cannot justify the discrimination

Examples:

• Applying the same working hours of 9 til 5 on all employees will disproportionately disadvantage women who are more likely than men to have children or dependants to care for and need flexible working hours.
• A company restricts recruitment to recent graduates, which a larger proportion of older workers will not be able to meet.
• Stereotyping certain groups with expectations of low performance, creating an atmosphere that

Indirect discrimination can be justified by employers where the less favourable treatment is a necessary means of achieving a legitimate and proportionate aim.