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Chapter

Cover Essential Cases: EU Law

Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Defrenne v SABENA (‘Defrenne II’) (Case 43/75), EU:C:1976:56, [1976] ECR 455, 8 April 1976. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Smith & Wood's Employment Law

4. Discrimination in employment  

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

Chapter

Cover Smith & Wood's Employment Law

4. Discrimination in employment  

Ian Smith, Owen Warnock, and Gemma Mitchell

This chapter discusses anti-discrimination law in the UK in the employment sphere. After providing a brief history of the development of UK discrimination law, it introduces the Equality Act 2010, explaining the forms of discrimination it covers and how it works. Key concepts of equality law are then discussed, including direct and indirect discrimination, harassment, and victimization. The chapter examines each protected characteristic in turn, highlighting the issues specific to each, including equal pay, sex-discriminatory dress codes, the additional protections against discrimination afforded to disabled people, compulsory retirement ages, and the apparent clash between protections against sexual orientation discrimination and religious discrimination.

Chapter

Cover Employment Law in Context

10. Introduction to Employment Equality Law  

This chapter examines the pros and cons of interfering in the labour market via the promulgation of anti-discrimination laws. It evaluates the basic theoretical constructs which are relevant to a proper understanding of anti-discrimination law in the UK and the EU, including the possible policy responses (e.g. the distinction between formal equality and substantive equality). It briefly assesses the historical development of anti-discrimination laws in the workplace, and then analyses key statutory concepts such as direct discrimination, indirect discrimination, harassment, and sexual harassment. Finally, the chapter considers victimization—an important issue since there is little purpose in statutory concepts if the employer can intimidate the employee, thus preventing him/her from bringing or continuing proceedings on one of these bases and/or by subjecting him/her to retaliation.

Chapter

Cover Employment Law Concentrate

5. Discrimination at work, prohibited conduct, and enforcement  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the provisions of the Equality Act 2010. Applicants for jobs must not be asked about their health or disability in the recruitment process. Prohibited conduct refers to direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited. In addition, there is no minimum period of employment needed before one can make a discrimination claim.

Chapter

Cover EU Law

20. Free Movement of Goods: Quantitative Restrictions  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

Chapter

Cover EU Law

20. Free Movement of Goods: Quantitative Restrictions  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers Articles 34-37 of the Treaty on the Functioning of the European Union (TFEU). Article 34 is the central provision and states that: ‘quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’. Article 35 contains similar provisions relating to exports, while Article 36 provides an exception for certain cases in which a state is allowed to place restrictions on the movement of goods. The European Court of Justice’s interpretation of Articles 34-37 has been important in achieving single market integration. It has given a broad interpretation to the phrase ‘measures having equivalent effect’ to a quantitative restriction (MEQR), and has construed the idea of discrimination broadly to capture both direct and indirect discrimination. The UK version contains a further section analysing issues concerning free movement of goods between the EU and the UK post-Brexit.

Chapter

Cover Selwyn's Law of Employment

4. Equality in Employment  

This chapter considers those provisions of the Equality Act 2010 that relate to employment law. These generally are to be found in Parts 5, 8, 9, 10, and 11 of the Act, together with provisions found in various schedules. Topics discussed include key concepts of the Act; various types of prohibited conduct such as direct and indirect discrimination; the protected characteristics in the Equality Act (namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation); defences such as justification and occupational requirements; discrimination in employment; provisions in the Equality Act that are common to all of the protected characteristics; comparators; occupational requirements; submitting a complaint; enforcement powers of the Equality and Human Rights Commission; and other protected groups. It also covers ex-offenders and rehabilitation periods.

Chapter

Cover International Human Rights Law

8. Equality and Non-Discrimination  

Daniel Moeckli

The principle of equality and non-discrimination has gained a prominent status in virtually every liberal democratic state as well as in international law. However, what this fundamental rule entails in practice is difficult to establish. The challenge is to give substance to the abstract notion of equality by translating it into concrete legal formulations that clarify which forms of unequal treatment are legitimate because they are based on morally acceptable criteria and which ones are wrongful. This chapter explains how this challenge has been addressed in international human rights law. It first discusses the meaning of equality and non-discrimination and gives an overview of the different norms guaranteeing equality and non-discrimination in international human rights law, followed by an explanation of the concepts of direct and indirect discrimination. The chapter then considers the requirements for a difference in treatment to be justified under international human rights law and sets out the various obligations that the right to equality imposes on states, in particular their duty to take positive action to ensure everyone can enjoy that right.

Chapter

Cover Employment Law

14. Race discrimination  

This chapter deals with race discrimination law under the Equality Act. Race includes colour, nationality and ethnic or national origins. The chapter discusses the historical and legal background of race discrimination law, protected characteristics, prohibited conduct on grounds of race discrimination, and bringing an action in the employment tribunal. Race discrimination legislation mirrors that of other discrimination law. It covers direct and indirect discrimination, victimisation and harassment. For direct discrimination, it also looks at perceptive and associative discrimination, and considers who the comparator may be. It also looks at occupational requirements, which are a defence to an accusation of direct discrimination.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

24. Freedom from Discrimination  

This chapter examines the protection of the freedom of discrimination in the European Convention on Human Rights, discusses the provisions of Article 14 and Protocol 12, and explains the issues to consider in evaluating allegations of violations of Article 14. It highlights the problems in the application of Article 14 and suggests that the range of ratifications to Protocol 12 does not suggest that the development of a generic equality law under the Convention is foreseeable. The chapter also analyses the judgments made by the Strasbourg Court in relation to Article 14 and Protocol 12. It notes the development of indirect discrimination and the Court’s increasing use of ‘stereotyping’, intersectionality, and vulnerability in its judgments.

Chapter

Cover Employment Law

11. The Equality Act 2010: key concepts  

The Equality Act was passed to harmonise the myriad of statutes and regulations that previously combined to make the body of discrimination law. The Act therefore brings all the disparate legislation together, and purports to establish a consistent body of anti-discrimination law. This chapter discusses the scope of the Act and the protected characteristics and explains prohibited conduct such as direct discrimination (including associative and perceived discrimination), indirect discrimination, harassment, victimisation, positive action, burden of proof, remedies if discrimination is proved, and debates over the issue of direct and indirect discrimination, such as whether each should be capable of justification

Chapter

Cover Employment Law

16. Sex discrimination  

This chapter deals with sex discrimination law under the Equality Act. It discusses the historical and legal background of sex discrimination law, protected characteristics and prohibited conduct on grounds of sex discrimination. Sex discrimination is symmetrical in that it can be claimed by both men and women. Direct sex discrimination cannot be justified unless there is an occupational requirement while indirect sex discrimination can be objectively justified. A person who has been treated less favourably for claiming sex discrimination or giving evidence in such a matter can claim victimisation. A person can claim harassment, and sexual harassment is also specifically outlawed in the Equality Act. The chapter also discusses dress codes.

Chapter

Cover Employment Law

13. Disability discrimination  

This chapter deals with disability discrimination law under the Equality Act. It discusses the history and background of disability discrimination law, protected characteristics, prohibited conduct on grounds of disability discrimination, and issues such as who is the comparator. The chapter also covers key debates about how the law operates and how it might be improved in the future, and deals with the economic and social models of disability. Disability can refer to a physical or mental impairment, and the definition of disability includes reference to substantial impairment and day-to-day activities. The Equality Act covers the following in relation to disability: direct discrimination (including associative and perceptive discrimination), indirect discrimination, harassment, victimisation, discrimination arising from disability, duty to make reasonable adjustments, and enquiries about disability and health.

Book

Cover Steiner and Woods EU Law

Marios Costa and Steve Peers

Now in its fifteenth edition, Steiner & Woods EU Law is regarded as a trusted EU law book. The book offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly, as well as raising areas for debate. Part I of the book charts a brief history of the development of the European Union and looks at the institutions of the Union, EU law and general principles of law. Part II provides a framework of enforcement and looks at remedies in national courts, state liability, preliminary references, direct action for annulment and union non-contractual liability. Part III considers the internal market, comprising harmonisation, customs union, free movement of goods and aspects of individuals’ free movement rights including citizenship, economic rights and social rights. It also introduces key principles relating to discrimination and competition policy. Finally, the book examines the legal issues raised by the controversial Brexit process.

Book

Cover Steiner & Woods EU Law

Marios Costa and Steve Peers

Now in its fourteenth edition, Steiner & Woods EU Law is regarded as a trusted EU law book. The book offers a careful blend of institutional and substantive coverage and focuses on explaining the law clearly, as well as raising areas for debate. Part I of the book charts a brief history of the development of the European Union and looks at the institutions of the Union, EU law and general principles of law. Part II provides a framework of enforcement and looks at remedies in national courts, state liability, preliminary references, direct action for annulment and union non-contractual liability. Part III considers the internal market, comprising harmonisation, customs union, free movement of goods and aspects of individuals’ free movement rights including citizenship, economic rights and social rights. It also introduces key principles relating to discrimination and competition policy. Finally, the book examines the legal issues raised by the controversial Brexit process.