Lesson 2 – Direct Discrimination

2.1 What is direct discrimination?

Direct discrimination generally occurs when a person is treated less favourably because of a protected characteristic.

It may involve:

• The person’s actual protected characteristic;
• A protected characteristic the employee believes the person has;
• A protected characteristic of someone connected with the person; or
• An instruction to treat a particular group less favourably.

Government guidance describes direct discrimination as treating someone worse because they have, are perceived to have, or are associated with a protected characteristic. Subject to limited statutory exceptions, direct discrimination cannot ordinarily be justified simply because the agent or client considers it convenient.

2.2 Discrimination because of perception

Discrimination by perception can occur where someone is treated less favourably because they are believed to have a protected characteristic, even if that belief is incorrect.

Example

An applicant is refused a viewing because an employee assumes from the applicant’s name that they belong to a particular religion.

The assumption may be incorrect, but the treatment can still be discriminatory.

2.3 Discrimination by association

Discrimination by association may occur where a person is treated less favourably because of their connection with someone who has a protected characteristic.

Example

A buyer is discouraged from viewing a property because the employee learns that the buyer’s child is disabled and assumes the transaction will be complicated.

2.4 Property-sector examples

Potential direct discrimination may include:

• Refusing an applicant because of their race;
• Giving viewing priority to men over women;
• Refusing to deal with a transgender customer;
• Rejecting a buyer because of their religion;
• Refusing a tenant because they are pregnant;
• Discouraging a customer because their partner is disabled;
• Applying additional checks only to people who appear foreign;
• Treating a same-sex couple less favourably; or
• Refusing to communicate with someone because of their disability.

2.5 Right to Rent checks

All relevant prospective adult occupiers should be checked consistently in accordance with the applicable Right to Rent procedure.

Employees must not:

• Check only people believed to be foreign;
• Make assumptions from appearance, accent or name;
• Prefer applicants whose documents are easier to check;
• Reject someone merely because a different lawful checking method is required; or
• Treat someone less favourably because their right to rent is time-limited.

Official guidance states that prospective tenants should not be treated differently because of the type of lawful Right to Rent check required.

2.6 Client preferences are not a defence

A landlord or seller may express a discriminatory preference. MyEstate must not implement an unlawful instruction merely because it came from the client.

An employee should:

1. Avoid agreeing with or acting upon the instruction.
2. Explain that MyEstate must comply with equality law and company policy.
3. Record the instruction accurately.
4. Refer the matter to a manager.
5. Avoid creating a discriminatory advertisement or selection process.
6. Allow management to decide whether MyEstate can continue acting.

Lesson 2 key point

A client’s preference does not authorise MyEstate or its employees to discriminate.