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Chapter

Cover International Criminal Law

7. The elements of international crimes  

This chapter discusses the elements of international crimes. In general, a crime is conceived as having two components: prohibited conduct (which may be called the objective, material, or ‘real’ element of the crime or its actus reus) and a culpable mental state (which may be called the subjective, or mental element of the crime or its mens rea). In addition to material and mental elements, certain international crimes may also require a contextual element. That is, some international crimes may require that the prohibited act occurs in or has a relationship to a particular set of circumstances: for example, a war crime must be closely connected with an armed conflict. This contextual element is sometimes also called a nexus requirement.

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

15. Religious discrimination  

This chapter deals with religious discrimination law under the Equality Act. It discusses the historical background of religious discrimination law, protected characteristics, prohibited conduct on grounds of religious discrimination,. Religion and belief is not specifically defined in the statute, and is left for the courts to define. Atheists are protected, but beliefs which ‘conflict with the fundamental rights of others’ are not. Dress codes are one of the most contested topics in this area of law. There are also specific exceptions for religious employers. The chapter also considers the conflict and competing interests between religious discrimination and other protected characteristics, such as sexual orientation and gender reassignment.

Chapter

Cover Card & James' Business Law

27. Discrimination law  

This chapter examines the key provisions of discrimination law. It highlights the passage of Equality Act 2010 to harmonize most of the various grounds for discrimination under a single piece of legislation, and notes that much pre-2010 anti-discrimination legislation has been repealed. The chapter discusses the various protected characteristics (for example, age, sex, disability etc) and looks at the various forms of prohibited conduct in relation to each characteristic (for example, direct discrimination, indirect discrimination, harassment, victimization). The chapter then looks at how the law aims to ensure equal contractual terms between men and women. Finally, the chapter concludes by looking at legislative provisions that seek to protect part-time workers and fixed-term employees.

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 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 Employment Law

12. Age discrimination  

This chapter deals with age discrimination law under the Equality Act. It discusses the history and background of age discrimination law, protected characteristics, prohibited conduct on grounds of age discrimination, and key debates about how the law operates and how it might be improved in the future. There is no longer a default retirement age in the UK. If an employer wishes to retire an employee at a particular age, he has to have objective reasons for choosing that age. Unlike other protected characteristics, direct age discrimination can be justified, and there are a number of exceptions, such as length of service benefits, which have been kept from the Age Regulations of 2006.

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