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Chapter

Cover Concentrate Questions and Answers Employment Law

9. Equality law  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about equality law. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equality law including the range of protected characteristics, direct discrimination, indirect discrimination, harassment, victimisation, and the duty to make reasonable adjustments. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover International Human Rights Law

11. Equality and non-discrimination  

This chapter examines equality and non-discrimination in international human rights law. It discusses the provisions of human rights laws, conventions, and declarations, and emerging grounds of discrimination will also be considered. As human rights are focused on the individual, it is perhaps not surprising that there are many people who are disadvantaged or marginalized in the enjoyment of their rights and freedoms due to the intersecting of two or more grounds of discrimination. The chapter suggests that there is a link between the concepts of equality and that of non-discrimination, and that the rule of non-discrimination is basically the negative restatement of the principle of equality.

Chapter

Cover Employment Law Concentrate

4. Discrimination  

The protected characteristics

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 ss 4–12 Equality Act 2010. The Act protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It also protects people from discrimination by association with someone who has one of the protected characteristics and from discrimination by perception (eg discrimination because of sexual orientation includes discrimination against those one perceives to be gay, even if they are not).

Chapter

Cover Employment Law

10. Introducing discrimination law  

This chapter introduces the field of discrimination law, explaining why it takes the form it does and summarizing the critical arguments often advanced concerning the whole body of anti-discrimination legislation. The scope of anti-discrimination law has widened very considerably over the past twenty years, principally as a result of EU law protecting people on grounds such as age, sexual orientation, religion, and fixed-term or part-time status. Different areas of discrimination law vary in respect of possible defences when an alleged act of unlawful discrimination has taken place. How far positive discrimination is lawful also varies. Some argue that anti-discrimination law may harm those it aims to protect by distorting the market and discouraging the hiring of under-represented groups. There is much debate about whether it is possible to establish a general principle to help define who exactly should be protected by discrimination law, in what ways, and on what basis.

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 Concentrate Questions and Answers EU Law

9. Sex Discrimination and Equality Law  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU law on sex discrimination and equality. The questions have been divided into a general question on the inclusion of sex discrimination provision in the first place; problem questions on aspects of equal pay and equal treatment; an essay question on a specific development in this area of law, which considers the overlapping area of pay and pensions and a problem on pregnancy-related matters; and an essay question on the expansion of areas protected by equality legislation.

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 Civil Liberties & Human Rights

11. Freedom from Discrimination (Article 14)  

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the law on discrimination. It discusses the influence of European law on English discrimination law; English law relating to discrimination; positive discrimination; and enforcement and remedies under the Equality Act 2010.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

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 discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

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 discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover European Union Law

20. Labour and equality law  

Mia Rönnmar

Labour law regulates the individual employment relationship and employment rights, as well as the labour market more generally, and the relations between the State, employers and employees, and their representatives—the social partners. Equality law is a central part of labour law, but also extends its reach beyond working life. Both the development and content of EU labour and equality law throughout the years—and still today—reflect a tension between the EU and national sovereignty, economic and social rights, and market and human rights discourses. Labour and equality law is regulated by a complex mix of Treaty provisions, fundamental rights, and general principles of EU law, secondary law, collective agreements at EU level, case law from the Court of Justice, and soft law measures. This chapter discusses a selection of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover European Union Law

19. Labour and equality law  

Mia Rönnmar

This chapter discusses a number of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; how national collective labour law is affected by the four freedoms; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Chapter

Cover Introduction to Business Law

14. Discrimination and Health and Safety  

This chapter considers the employment law aspects of discrimination and health and safety. It discusses the meaning of the protected characteristics which were brought together under the Equality Act 2010 and considers prohibited conduct under the Act. It explains the difference between direct and indirect discrimination and when direct discrimination can be justified. The chapter discusses the difference between positive action and positive discrimination and the interaction between protected characteristics and prohibited conduct. It also explains the law relating to harassment and victimization. The chapter concludes with a discussion of the law covering health and safety in the workplace, looking at both criminal law and civil law.

Chapter

Cover Employment Law in Context

12. Disability Discrimination  

This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concept is discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the terms of the Equality Act and European developments.

Chapter

Cover Sanders & Young's Criminal Justice

2. Stop and search  

Alpa Parmar

This chapter examines the powers of the police to stop and search people in the context of an initial discussion of police culture and discretion in general. The development of greater powers over the last 35 years since the Police and Criminal Evidence Act 1984 (PACE) was introduced is charted. The chapter considers whether stop and search is racially discriminatory; the constraints and controls on the exercise of discretion; and the impact of stop-search powers. It argues that the working assumptions based on ‘suspiciousness’—i.e. hunch, incongruity, and stereotyping on the basis of types of people, previous records, and so forth—still play as important a part in influencing the exercise of discretion as do legal constraints. This is all true even when responding to citizen reports of suspected offences.

Book

Cover Smith & Wood's Employment Law

Ian Smith, Aaron Baker, and Owen Warnock

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This fifteenth edition has been produced against the background of the 2019 election, the ensuing coronavirus crisis, and of course the largest elephant in the room: the continuing uncertainties of the details of our departure from the EU. Where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments that continue in spite of such macro matters, for example in relation to the extent to which workers and unions have legal protection in cases involving what is generally referred to as the ‘gig economy’. In particular, the chapters on discrimination in employment, work–life balance and redundancy/reorganization and business transfers have been subject to substantial rewriting. Finally, the changes to the style and layout of the book adopted in the last two editions have been maintained and expanded upon by the addition of a ‘Context’ section at the beginning of each chapter, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.

Chapter

Cover The Substantive Law of the EU

1. Introduction to the Issues  

This book focuses on the rules interfering with movement across EU Member States. This chapter places these rules in context. It discusses the importance of free trade; the different stages of integration; understanding the integration process; and the principles underpinning the common market.

Book

Cover Smith & Wood's Employment Law

Ian Smith and Owen Warnock

Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This sixteenth edition has been produced against the background of the political instability of 2022, after coming out of the Covid crisis, and of course the largest elephant in the room, the uncertainties still of the overall employment law effects of our departure from the EU. Where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments that continue in spite of such macro matters, for example in relation to the extent to which workers and unions have legal protection in cases involving what is generally referred to as the ‘gig economy’. In particular, the chapters on discrimination in employment, work–life balance, and redundancy/reorganization and business transfers have been subject to substantial rewriting. Finally, the changes to the style and layout of the book adopted in the last three editions have been maintained and expanded upon by the addition of a ‘Context’ section at the beginning of each chapter, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.

Chapter

Cover Essential Cases: EU Law

Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Gerhard Köbler v Republik Österreich (Case C-224/01), EU:C:2003:513, [2003] ECR I-10239, 30 September 2003. The document also includes supporting commentary from author Noreen O'Meara.