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Discrimination Notes

BPTC Law Notes > Employment Law Notes

This is an extract of our Discrimination document, which we sell as part of our Employment Law Notes collection written by the top tier of City Law School students.

The following is a more accessble 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 o Before, lots of legislation in 1970s and Regulations since o EA brought in to consolidate. Repeals most previous discrimination law o 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) o Some discrimination does not apply to all of the characteristics, e.g. pregnancy Common elements to all claims under EA o No qualifying service period and no need to be an employee (e.g. applicant for job can claim) o Uncapped compensation o Injury to feelings can be claimed o Vicarious liability
? Employer can be liable for actions of employees or third party behaviour o Motive is irrelevant o Time limit is 3 months
? From act complained of
? Can be extended if just and equitable to extend

Direct discrimination - s.13??Definition: o Person treats another less favourably than they would treat others because of a protected characteristic Application: o Applies to all protected characteristics Test:

o Whether C would have received the same treatment but for their protected characteristic o Must have a comparator, real or hypothetical o Burden of proof on employee Discrimination by perception o Incorrectly thought to have a protected characteristic and discriminated against on that basis Discrimination by association o Discriminated against because of association with someone who has a protected characteristic

Indirect discrimination - s.19Definition o A discriminates against B if A applies to B a provision, criterion or practice which is discriminatory in relation to B's protected characteristic

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