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under a single piece of legislation, and notes that much pre-2010 anti-discrimination legislation has been repealed.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
27. Discrimination law
Book
Astra Emir
Selwyn’s Law of Employment is regarded as essential reading by law students and practising lawyers, and those studying employment law in a business or professional environment. This edition continues Norman Selwyn’s practical approach to the subject, providing a succinct account of all areas of employment law. Both individual and collective employment law issues are considered, alongside a broad range of UK and EU case law. New to this edition, the text provides coverage of the new IR35 legislation and the new immigration rules as well as an overview of the coronavirus legislation as it relates to employment, such as compulsory vaccination, the furlough scheme and self-isolation. There is also an up-to-date discussion of the gig economy employment status case law, and freedom of expression, and belief.
Chapter
3. Gender, race, and diversity in the legal profession
This chapter examines the issue of diversity in the legal profession. It first explains the meaning of diversity and the reasons why it should be promoted. Debates around diversity have focused particularly on gender and race, although increasingly there is emphasis on achieving diversity in relation to socio-economic background, disability, and sexuality too. It reviews the current status of the profession in terms of diversity. It considers diversity rules as set out in in the Equality Act 2010, the Solicitors Regulation Authority (SRA) Handbook, and the Bar Standards Board (BSB) Handbook. Barriers to diversity and steps to promote diversity are also discussed.
Chapter
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
14. Gender, race, and diversity in the legal profession
This chapter examines the issue of diversity in the legal profession. It first explains the meaning of diversity and the reasons why it should be promoted. It reviews the current status of the profession in terms of diversity. It considers diversity rules in the Equality Act 2010, Solicitors Regulation Authority (SRA) Handbook, and the Bar Standards Board (BSB) Handbook. Barriers to diversity and steps to promote diversity are also discussed.
Chapter
10. Equal pay and family rights
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 equal pay and family rights. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of equal pay and family rights including the meaning of pay, the sex equality clause, like work, work rated as equivalent, work of equal value, comparators, material factor defence, remedies, and the right to various forms of leave including maternity and parental leave. 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
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
22. Equality In Employment Relationships
This chapter discusses the Equality Act (EA) 2010. There have been many changes adopted following the enactment of this legislation. The Act is relevant for businesses as it imposes obligations to provide a safe system of work, including regulating the activities of management, colleagues, and third parties. This is an area of law that will evolve over the forthcoming years, and whilst much of the previous case law is applicable to this new Act, new judgments will likely expand and clarify the extent of equality law. An employer who is not aware of the provisions of EA 2010 runs the risk of facing very expensive claims, poor industrial relations, and potential damage to his or her reputation as an employer.
Chapter
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
9. Freedom from discrimination
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 freedom from discrimination, beginning with an overview of equality as a contested concept as well as formal and substantive forms of equality, and then examines the United Nations’ development of specific treaty and charter mechanisms to protect individuals against discrimination. It then discusses Article 14 of the European Convention on Human Rights (ECHR), which gives limited protection against discrimination but has been expanded by the European Court of Human Rights (ECtHR) in its case law and via Protocol 12. Finally, the chapter examines the consolidation and expansion of equality laws in the UK (except for Northern Ireland) under the Equality Act 2010.
Chapter
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
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
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
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
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.
Chapter
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
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
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
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
5. Equal Pay
This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.
