This is an extract of our Ws5 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 1 Overview iTutorial INTRO
THE DISCRIMINAT ION CLAIM?HAS THERE BEEN AN UNLAWFUL ACT BASED ON ONE OR MORE OF THE PROTECTED CHARACTERISTICS?
o May be the refusal to hire a particular applicant; subjecting an employee to detriment such as refusing him a pay rise or selecting him for dismissal o Treatment will only be unlawful if it is due to one of the protected characteristics...
o So if the reason for an employee's dismissal was his racial origin or sexual orientation, that selection will be unlawful - the protected characteristics are linked and operate together to establish discrimination WHICH OF THE EQUALITY ACT 2010 CLAIMS IS APPROPRIATE?
o Possible for one unlawful act to form more than one claim DOES THE ACT PROVIDE AN EXCEPTION OR SPECIFIC DEFENCE TO THE CLAIM?
o For some claims there are specific exceptions and defences;
EQUALITY ACT 2010 - UNLAWFUL ACTS &
PROTECTED CHARACTERI STICS?example - in claims of direct discrimination the employer may be able to prove that the alledged discrimination is covered by the genuine occupational requirement exception... and for claims of indirect discrimination, defence of justification o Claims for harassment and victimisation - no specific defences available to the employer IS THE EMPLOYER VICARIOUSLY LIABLE FOR THE ACT OF DISCRIMINATION WHICH LED TO THE CLAIM?
o Most acts are not committed by an employer but by a colleague; e.g. bullied on grounds of race or denied a promotion on grounds of sex o Employer is liable if the act are carried out in the course of employment o Employer can defend all discrimination claims on the basis that they aren't vicariously liable for the discrimination, they can argue that it was outside the course of employment ('frolic of his own') or that he has taken all reasonable steps to ensure that the discrimination didn't occur and shouldn't be held liable IF THE CLAIM IS SUCCESSFUL...
WHAT ARE THE APPROPRIATE REMEDIES FOR THE CLAIM BEING MADE?
o EA2010 - tribunal can make a declaration as to the rights of the parties, make an order for compensation, and make a recommendation of steps to be taken to reduce the effect of the discrimination ELIGIBILITY EA2010 applies to:
IDENTIFY THE UNLAWFUL ACT o In recruitment - how the job is advertised; how the interviews are carried out; the terms on which the job is offered; refusing certain people
o o o
During employment - Unlawful to victimise an employee for enforcing their rights under the EA 2010 Harassment of an employee is also an unlawful act
IS THE REASON FOR THE TREATMENT ONE OF THE PROTECTED CHARACTERISTICS?
ACTIVITY 1 - PROTECTED CHARACTERI STICS - AGE
Very far reaching... important exceptions:
EA 2010 -GENDER REASSIGNMENT
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