In direct discrimination, your Employer will try to persuade the Employment Tribunal that your protected characteristic was just a factor in the treatment, you are complaining of. To win, your Employer must prove that your protected characteristic was not the main reason, for their discriminatory actions, and that it just had a significant influence on the outcome. In indirect discrimination, your Employer will seek to justify their actions by saying that what they did was a “proportionate means of achieving a legitimate aim”.
You can collect information through the ACAS questions procedure, to prove your Employer wrong. This Guide helps you to use the ACAS Discrimination Questions Procedure to ask questions about discrimination and collect evidence to help with your grievance or Employment Tribunal claim.