ABSTRACT
This chapter provides an overview of discrimination law as it has developed in the United Kingdom. It deals with the forms of discrimination prohibited under the Equality Act 2010, together with the burden of proof. As with civil matters generally, the standard of proof in discrimination cases is balance of probabilities. Direct discrimination is the simplest and most obvious form of discrimination, involving the treating of an individual less favourably than a comparable individual without that protected characteristic, because of the protected characteristic. Once direct discrimination is established, the employer has no defence unless he can persuade the tribunal that a genuine occupational requirement (GOR) applies. Indirect discrimination is a more subtle concept than direct discrimination, and may arise in practice without any discriminatory intent. The SDA and RRA originally provided that indirect discrimination could only be proved where the claimant suffered a detriment as a result of being unable to comply with the provision, criterion or practice (PCP).
