This is where a person or organisation has policies, practices or arrangements that seem to treat everyone the same, in an equal and non-discriminatory way, but, these policies, practices or arrangements put the claimant and others with the same disability at a disadvantage compared with those who do not have that disability.

Example:  a rule that ‘everyone must use the stairs’ which is unfair for people who use wheelchairs.

For indirect discrimination, it doesn’t matter whether the person or organisation knew about the claimants disability. In some cases the policy or practice may be justified if the person or organisation can show that there was a good reason for these practices and arrangements, and it was reasonable in the circumstances.

Example: a rule that you must be above a certain height to go on a particular fun fair ride. Whilst this could be discriminatory if a person had a growth defect it would still be justifiable if the reason for the rule was that it would be unsafe unless the height criteria was met and there was no possible equipment available that could be used to make it safe for a person below that height.