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LPC Law Notes Employment Law Notes

Indirect Discrimination Harassment And Et1 3 Forms Notes

Updated Indirect Discrimination Harassment And Et1 3 Forms Notes

Employment Law Notes

Employment Law

Approximately 388 pages

A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...

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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:

INDIRECT DISCRIMINATION, HARASSMENT, ET1&3 FORMS

Indirect Discrimination

  • Eligibility within 3 months of act

  • Unlawful Act discrimination in recruitment, promotion, dismissal, harassment, or post-employment

  • Indirect Discrimination

    • has respondent applied a PCP which applies to all equally?

    • does the PCP create a disadvantage to persons of one group compared to others?

    • has the claimant suffered a disadvantage?

  • Justification can the respondent show that the PCP is a proportionate means of achieving a legitimate aim?

  • Remedies

    • declaration of employee rights

    • employer recommended to take action to ease ramifications of the discrimination (both on claimant and other employees)

    • compensation (no max)

      • monetary losses

      • aggravated damages for insulting, aggressive, or malicious behavior

      • injury to feelings

      • mental or physical injury

      • possible exemplary damages

      • may be increased/decreased for unreasonable failure to comply with ACAS

STATE CLAIM BEING MADE – INDIRECT DISCRIMINATION

Eligibility

Unlawful acts

unlawful acts

  • Unlawful discrimination in the employment field against job applicants and employees is prohibited by ss 39 and 40 of the Act.

RECRUITMENT

Under s 39(1) of the Act:

An employer (A) must not discriminate against a person (B)—

  1. in the arrangements A makes for deciding to whom to offer employment;

  2. as to the terms on which A offers B employment;

  3. by not offering B employment.

It is unlawful for an employer to discriminate against a person – in the way that he advertises the job, in arrangements made for the purpose of determining who should be offered employment (interview) in the terms on which he offers employment and by refusing or deliberately omitting to offer that person employment.

‘If the refusal to offer employment was based on [PROTECTED CHARACTERISTIC] it will be an unlawful act based on a protected characteristic. [PROTECTED CHARACTERISTIC] is a protected characteristic under s.10 Equality Act 2010 and the failure to offer employment based on a protected characteristic is unlawful under s.39(1)(c) Equality Act 2010.’
PROMOTION AND DISMISSAL

Under s 39(2) of the Act:

An employer (A) must not discriminate against an employee of A’s (B)—

  1. as to B’s terms of employment;

  2. in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

  3. by dismissing B;

  4. by subjecting B to any other detriment.

It is unlawful for an employer to discriminate against an employee in the way he affords him/her access to opportunities of promotion, transfer or training

PROMOTION

‘If the refusal to grant a promotion was based on [PROTECTED CHARACTERISTIC] it will be an unlawful act based on a protected characteristic. [PROTECTED CHARACTERISTIC] is a protected characteristic under s.10 Equality Act 2010 and the failure to offer a promotion based on a protected characteristic is unlawful under s.39(2) Equality Act 2010.’

DISMISAL

‘If the dismissal of employment was based on [PROTECTED CHARACTERISTIC] it will be an unlawful act based on a protected characteristic. [PROTECTED CHARACTERISTIC] is a protected characteristic under s.10 Equality Act 2010 and the dismissal of employment based on a protected characteristic is unlawful under s.39(2(c)) Equality Act 2010.’
POST EMPLOYMENT DISCRIMINATION

  • Section 108 prohibits discrimination after the employment relationship has ended.

  • Where an employment relationship has come to an end, it is unlawful for the employer to discriminate against the former employee; or

  • By harassing the former employee where the discrimination arises out of and is closely connected to that former relationship.

  • This covers employee references
HARASSMENT

  • It is unlawful for an employer to subject an employee or a job applicant to harassment.

  • ‘If the harassment of an employee or job applicant was based on [PROTECTED CHARACTERISTIC] it will be an unlawful act based on a protected characteristic. [PROTECTED CHARACTERISTIC] is a protected characteristic under s.10 Equality Act 2010 and harassment based on a protected characteristic is unlawful under s.39 Equality Act 2010’
SUBJECTING A PERSON TO DETRIMENT

  • Ignoring Paul’s explanation for flexi-time

  • No disciplinary procedure followed – he was immediately dismissed
INDIRECT RELIGIOUS DISCRIMINATION

Common employment practices which may indirectly discriminate employees on the grounds of religion or belief:

  1. Dress codes – imposing a dress code on all employees may cause problems for employees who wish to adopt a particular form of dress for religious reasons

  2. Hours of work and rest breaks – members of some religions are required to pray at certain times and/or observe the Sabbath from a particular hour on a Friday. Imposing scheduled rest breaks or a requirement to work late in the evening may indirectly discriminate against members of certain religions

  3. Working days and holidays – by placing restrictions on when employees can take holiday may conflict with their religious holidays and may therefore indirectly discriminate on the grounds of religion or belief

  4. Canteen and food storage facilities – some religions have strict dietary rules so any arrangements for food storage should be made with this in mind

  5. Recruitment – word of mouth recruitment where the existing workforce is largely of a particular religion or belief could indirectly discriminate against persons of other religions or beliefs

Types of claim

PROHIBITED CONDUCT

  • Direct discrimination (s.13)

  • Combined discrimination (s. 14)

  • Claims related to all the protected characteristic except:

  1. pregnancy and maternity

  2. Marriage/civil

  • Only for combinations of two of the characteristics

  • Not clear when the claim appropriate

  • Acts explanatory note is should be make ‘where a single-strand approach may not succeed’

  • Comparator needed

  • Will the comparator have to reflect both protected characteristics

    • Indirect...

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