This is an extract of our Equality In Employment Part 1 I Tutorial document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.
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Equality in Employment - Part 2 Discrimination Claims (Stages 1-5 (Direct discrimination)) i-Tutorial INTRO
EQUALITY ACT 2010 - DIRECT DISCRIMINAT IONReminder: unlawful act based on a protected characteristic?1 and 5 only for now Direct discim claim is based on claimant's belief that because of a protected characteristic they have been treaten less favourably than those who are not affected by that particular characteristic Usually straightforward, treated unfairly due to race or gender?ASSOCIATION CLAIMS S.13 also allows discrimination based on association or perception e.g. refused employment because of husband's raceClaims by association do not apply where the protected characteristic is marriage or civil partnership; here the claimant must themselves possess the protected characteristic PERCEPTION CLAIMS???E.g. employer wrongly thinks that employee is a catholic so doesn't promote him TEST Test for less favourable treatment is objective Would the claimant have been treated less differently and more favourably had it not been for the protected characteristics?
Compare with another person who does not have the protected characteristic; this person is known as the comparitor Sometimes easy as there are other employees who are quite equal in other respects; sometimes might not be as easy so need to use hypothetical comparitor
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