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Introduction

Have you ever felt unfairly treated by a business or service provider? If your experience relates to who you are, you might be facing direct discrimination. This guide will help you understand your rights under the Equality Act 2010 and what steps you can take to address the issue. If you need assistance, the Equality and Human Rights Commission offers valuable resources to help you navigate your legal concerns. Discover how you can effectively tackle discrimination and assert your rights.

Have you ever felt that you’ve been treated unfairly by a business or service provider? If the reason for this unfair treatment is related to who you are, you might be experiencing what is known as direct discrimination. This can happen in various situations, such as when dealing with banks, energy providers, or even local authorities.

If you suspect you’ve been discriminated against, it’s important to know that you have rights and there are steps you can take to address the issue. Let’s break down what direct discrimination is and what you can do about it.

How can I prove I’ve been directly discriminated against?

What is Direct Discrimination?

Direct discrimination occurs when a trader or service provider treats you unfairly compared to someone else because of certain characteristics about you. The law that protects you from discrimination is called the Equality Act 2010. This law makes it illegal for businesses and service providers to discriminate against you based on specific traits known as protected characteristics. These characteristics include:

  • Age (only if you are 18 or older)
  • Disability
  • Gender reassignment
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Examples of Direct Discrimination

  1. Race Discrimination: Imagine you were born outside the UK and have a valid UK driving license. When you file a claim with your car insurance, the company asks for extra proof of identity, while UK-born customers only need to show their driving license. This is direct discrimination based on race.
  2. Sexual Orientation Discrimination: Suppose you booked a double room at a bed and breakfast for you and your same-sex partner. Upon arrival, the owner refuses to give you the room, saying she believes two women should not share a bed. This is direct discrimination based on sexual orientation.

It’s also important to note that direct discrimination can occur based on assumptions about you or because of the protected characteristics of someone you are associated with, like a partner or child.

How can I prove I was directly discriminated against?
Consumer: Understanding Your Rights: Tackling Discrimination in the UK

How to Identify Direct Discrimination

To prove that you’ve been directly discriminated against, you need to show that you were treated worse than someone else in a similar situation who does not share your protected characteristic. This person is referred to as a comparator.

Do I have enough evidence to prove direct discrimination in my case?

When Isn’t It Direct Discrimination?

There are some circumstances where treatment may not be considered unlawful discrimination. For instance:

  • Positive Treatment: If a service provider treats a disabled person more favorably than a non-disabled person, this is not considered unlawful discrimination. Similarly, offering special treatment to a woman who is pregnant is also not unlawful.
  • Age Discrimination: Sometimes, unfair treatment based on age might not qualify as direct age discrimination.
How do I know if my situation qualifies as lawful positive treatment?

What You Can Do Next

If you believe you have faced direct discrimination, there are resources available to help you. Here are a few steps you can take:

  • Learn More: Familiarize yourself with your rights under the Equality Act and other consumer laws. You can find more information on consumer rights through the Equality and Human Rights Commission.
  • Seek Help: If you’ve experienced discrimination, consider seeking guidance from legal experts who can provide assistance and help you understand and resolve your legal problems.
  • Report It: You can also visit the Equality and Human Rights Commission (EHRC) website for additional resources and information on discrimination.
Have I faced direct discrimination under the Equality Act?

Conclusion

Understanding your rights when it comes to discrimination can empower you to take action if you feel you’ve been treated unfairly. Remember, you don’t have to navigate this alone—there are resources and support available to help you address any discrimination you may encounter in the provision of goods and services.

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This material is for general information only and does not constitute
tax, legal or any other form of advice. You should not rely on any
information contained herein to make (or refrain from making) any
decisions. Always obtain independent, professional advice for your
own particular situation. Contend Inc is not regulated by the
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