13 January 2025
Page 5 of 8
be considered carefully and objectively, and not dismissed out of hand purely because the
effect was not an expected or intentional one.
If, for example, a club has a rule or practice that certain competitions are only played on
Saturdays, this would prevent members with certain religious beliefs from taking part in
the competition. Although it may not have been the intention of the golf club, the effect is
the less favourable treatment of members on the grounds of religion or belief, which is a
protected characteristic. This is indirect discrimination.
Actions and Intentions
An action or decision can still be considered discriminatory even if the less favourable
treatment is unintentional. It may not always be obvious to the perpetrator that their
actions are discriminatory. Indirect discrimination is often unintentional, but it is not a
defence to an allegation of discrimination to say that the perpetrator did not mean to
discriminate against a person or group.
Discrimination can arise out of actions and decisions but can also arise out of omissions
and failure to take actions or decisions.
Reasonable Adjustments
Everybody to whom this Policy applies is under a duty to make reasonable adjustments to
avoid discriminating against any individual or group with the Protected Characteristic of
Disability.
The duty is to make reasonable adjustments. It is not unreasonable for adjustments to
cost time, money, or other resources. However, an adjustment may not be reasonable if
the cost is disproportionately high or making the adjustment would be unfeasible. The
resources required to make an adjustment are an important factor to be considered in
deciding whether an adjustment is reasonable.
Positive Action
It can be lawful to make decisions that discriminate on the basis of a Protected
Characteristic in very limited and exceptional circumstances, if the discrimination is a
'Positive Action' taken in order to address an under-represented group or Protected
Characteristic. Positive Actions must be reasonable, justifiable, and clearly linked to a
legitimate aim. Where a club decides to take Positive Action in respect of an underrepresented
group, it should carefully record its decision making and the evidence it has
considered, and review the practice regularly to ensure that the Positive Action does not
continue for longer than reasonably necessary.