Is this indirect discrimination? WWYD?

[SecretCoconut]

Your work place has an online forum used by all employees and managers.
Your workplace also has a uniform policy.
A few employees (amongst hundreds) don't wear the standard uniform. It doesn't affect how they do their jobs.
One employee occasionally makes snotty and ignorant comments on the forum about some people not wearing correct uniform.
You know some of the employees have invisible disabilities and this can affect what they are able to wear. You also know these comments make them uncomfortable and sad. But no one ever responds.
Would you respond to these comments? Do these comments amount to indirect disability discrimination?

No, it isn't indirect discrimination.

It could be harassment under the Equality Act, but does the person making the comments know (or ought reasonably to know) the individuals are disabled? Or do they perceive them to be disabled? What's your role in this situation?

@OdeToBarney you don't need to know whether someone has a disability for it to be indirect discrimination - if workplace structures etc make things harder for people with disabilities, even where it's not deliberate, it can be indirect discrimination.

An example would be only allowing full time staff to be managers therefore indirectly discriminating against anyone who is more likely to need to work out like women, carers and the disabled.

If using the forum is an essential part of work and disabled colleagues are less able to engage with it due to unchallenged discriminatory comments then yes it could count as o direct discrimination. Very little chance of being able to prove that. BUT yes, you should challenge it.

Sorry @User0ne I disagree. I think the employer could be vicariously liable for harassment, but I don't agree it's indirect discrimination. You'd have to prove there was a policy, procedure or practice of allowing discriminatory remarks and I think that would be extremely tough. They clearly dont have a PCP of requiring staff to wear the uniform if their disability prevents them from being able to. Harassment on the ground of disability or perceived disability is a much stronger argument imo.

This is a situation you refer to HR and ask them to respond.

As HR I would respond along the lines of.
Please remember not all disabilities are visible and employees are entitled to reasonable adjustments which may include adjustments to the uniform. Please respect employees right to confidentiality and to be treated with dignity and respect. Thank you HR