BPTC Law Notes Employment Law Notes
A guide to some of the key issues in employment law and a general script that can be followed for oral exams for how to discuss these topics.
Also provides some of the guides on how to do calculations (eg. basic award).
**Now up to date for 2015!**...
The following is a more accessible plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Discrimination
General Principles
Equality Act 2010
Before, lots of legislation in 1970s and Regulations since
EA brought in to consolidate. Repeals most previous discrimination law
Sets out 9 protected characteristics
Age
Disability
Gender Reassignment
Marriage and CP
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual Orientation
(NEW: Kaltoft case has suggested weight may be a disability)
Some discrimination does not apply to all of the characteristics, e.g. pregnancy
Common elements to all claims under EA
No qualifying service period and no need to be an employee (e.g. applicant for job can claim)
Uncapped compensation
Injury to feelings can be claimed
Vicarious liability
Employer can be liable for actions of employees or third party behaviour
Motive is irrelevant
Time limit is 3 months
From act complained of
Can be extended if just and equitable to extend
Direct discrimination – s.13
Definition:
Person treats another less favourably than they would treat others because of a protected characteristic
Application:
Applies to all protected characteristics
Test:
Whether C would have received the same treatment but for their protected characteristic
Must have a comparator, real or hypothetical
Burden of proof on employee
Discrimination by perception
Incorrectly thought to have a protected characteristic and discriminated against on that basis
Discrimination by association
Discriminated against because of association with someone who has a protected characteristic
Indirect discrimination – s.19
Definition
A discriminates against B if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s protected characteristic
Provision = contractual/non-contractual policy
Criterion = self-explanatory
Practice – interpreted widely, look behind policies
Appears to treat everybody the same, where people are not the same
Application
Applies to all except pregnancy and maternity
Test:
A applies test to persons with whom B does not share the characteristic; OR
It puts or would put persons with whom B shares the characteristic, or B, at a particular disadvantage; OR
A cannot show it to be a proportionate means of achieving a certain aim
Victimisation – s.27
Definition
A victimises B if he subjects B to detriment because he does a protected act OR A believes B has done a protected act
Can be post-employment
Protected Act:
Bringing a claim under the Act
Giving evidence under the Act
Doing anything in connection with the Act
Making an allegation that someone has contravened the Act
Harassment – s.26
Definition
Engaging in unwanted conduct relating to a relevant protected characteristic AND
The conduct has the purpose OR effect of violating V’s dignity or creating an intimidating, humiliating or offensive environment for B
Application
Does not need to be ‘because of' a PC, just related to it
Employer must take reasonably practicable steps to prevent harassment from occurring
Evidential points
Comparators
Used in discrimination but not harassment and victimisation
Burden of proof – s.136
If facts that the court could decide that A contravened the provision concerned, they must hold that the contravention occurred
C must show that contravention occurred, D must show that he did not contravene the provision
Types of discrimination
Race discrimination – s.9
Includes:
Colour
Nationality
Ethnic or national origins
Can include caste discrimination
Non-exhaustive list
Religion and belief – s.9
Incudes:
Any religion OR lack of religion
Belief – any religious or philosophical belief OR lack of belief
Ladele and MacFarlane v UK
Refused because of religion to deal with homosexual couples (registrar and marriage counsellor)
Dismissals for refusal were not discriminatory
Sexual orientation
Covers:
Homosexual and...
Buy the full version of these notes or essay plans and more in our Employment Law Notes.
A guide to some of the key issues in employment law and a general script that can be followed for oral exams for how to discuss these topics.
Also provides some of the guides on how to do calculations (eg. basic award).
**Now up to date for 2015!**...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started