Discrimination Law Notes
1. Introduction to Equality
- Equality Act 2010 - Prohibited Conduct
- Before the EA 2010 the - Instructions to discriminate
prohibitions against discrimination - Scope of discrimination: who can
were set out principally in the bring a claim?
following legislation - Jurisdiction: time limits
- Protected Characteristics: s4 EA - Burden of Proof
2010 - High Profile case
2. Prohibited Conduct: Discrimination
- Direct v indirect - Perceptive Discrimination
- s13 EA 2010 - Combined Discrimination
- Less favourable treatment - Indirect Discrimination
- Early cases on less favourable - Provision, Criterion or Practice
treatment (PCP)
- Not merely different - Objective Justification Defence
- Comparator: s23 EA 2010 (OJD)
- When a comparator is not required - Legimate Aim
- Associative Discrimination - Proportionality
3. Prohibited Conduct: Harassment & Victimisation
- Current definition is EU led - Green v DB Group Services (UK)
- Justification Ltd. [2006]
- Dhaliwal EAT Guidance - Victimisation
- ‘Unwanted’ Conduct - (Reverse) Burden of Proof
- Harassment by 3rd Parties - Derbyshire v St Helens
- Equality Act 2010 s 40 – no longer Metropolitan Borough Council
in force [2007]
- Enterprise and Regulatory Reform - Post-termination victimisation is
Act 2013 unlawful
- Protection from Harassment
4. Equal Pay
- The Gender Pay Gap - Pay
- Equal Pay Day - Equal Pay or Sex Discrimination?
- Legal Framework - The Right
- EU Law - The comparable man
- The Equality Act 2010 - Comparable jobs
- Like Work: s65 - Like Work
- Work Related as equivalent (JES): - Work related as equivalent
s65 - Job evaluation schemes
- Equal Value: s65 - Work of equal value
- s77 Discussions about pay - The “Material Factor” Defence
- s78 – Gender pay gap information - Genuine and material
1
, - Summary - The Equality Clause
- What is objective justification? - Time limits and remedies
- Indirectly discriminatory pay - Equal pay audits
practices - New regulations
- Part-time workers
5. Sex & Race Discrimination
- Types of Discrimination - Meaning
- Definition of sex - Colour
- Direct Discrimination - Nationality
- Cases under SDA - National Origins
- Stereotyping - Ethnic origins
- Comparators - Specific groups
- Harassment because of sex: s26 EA - Multiple Racial Groups
2010 - Marrying into an ethnic group
- Sexual Harassment: s26 - Caste discrimination
- Insitu Cleaning Co Ltd v Heads - Association and perception
[1995] - Genuine occupational requirement
- Race Discrimination
6. Disability Discrimination
- European Context - Wide construction – Clark
- Deemed disabilities – in one of the - Narrow construction
sch in the EA - Lord Scott (Malcolm v Lewisham)
- Meaning of disability - Contrasting case brought under s15
- Physical or mental impairment - Perceived disability
- Normal day-to-day activities - Indirect disability discrimination
- Substantial adverse effect occurs where
- Long Term - Group disadvantage: shared
- Types of discrimination disability
- Different to other anti- - Employer's knowledge of disability
discrimination legislation not required
- Direct discrimination - Case example: employer's
- Discrimination for a reason arising knowledge of disability not
from disability required
- Justification - Indirect discrimination can be
- S15 was new to the EA 2010 objectively justified
- Old law – “reason related” to - Failure to make Reasonable
discrimination Adjustments
- Clark v TDG Ltd (t/a Novacold) - Reasonableness of adjustments
[1999] - FirstGroup plc v Paulley [2017]
- London Borough of Lewisham v UKSC 4
Malcolm [2008] UKHL 43
7. Religion, Belief & Sexual Orientation
- Background to SO and ROB - Sexual orientation
- Prohibited Conduct - s12 Equality Act 2010
2
1. Introduction to Equality
- Equality Act 2010 - Prohibited Conduct
- Before the EA 2010 the - Instructions to discriminate
prohibitions against discrimination - Scope of discrimination: who can
were set out principally in the bring a claim?
following legislation - Jurisdiction: time limits
- Protected Characteristics: s4 EA - Burden of Proof
2010 - High Profile case
2. Prohibited Conduct: Discrimination
- Direct v indirect - Perceptive Discrimination
- s13 EA 2010 - Combined Discrimination
- Less favourable treatment - Indirect Discrimination
- Early cases on less favourable - Provision, Criterion or Practice
treatment (PCP)
- Not merely different - Objective Justification Defence
- Comparator: s23 EA 2010 (OJD)
- When a comparator is not required - Legimate Aim
- Associative Discrimination - Proportionality
3. Prohibited Conduct: Harassment & Victimisation
- Current definition is EU led - Green v DB Group Services (UK)
- Justification Ltd. [2006]
- Dhaliwal EAT Guidance - Victimisation
- ‘Unwanted’ Conduct - (Reverse) Burden of Proof
- Harassment by 3rd Parties - Derbyshire v St Helens
- Equality Act 2010 s 40 – no longer Metropolitan Borough Council
in force [2007]
- Enterprise and Regulatory Reform - Post-termination victimisation is
Act 2013 unlawful
- Protection from Harassment
4. Equal Pay
- The Gender Pay Gap - Pay
- Equal Pay Day - Equal Pay or Sex Discrimination?
- Legal Framework - The Right
- EU Law - The comparable man
- The Equality Act 2010 - Comparable jobs
- Like Work: s65 - Like Work
- Work Related as equivalent (JES): - Work related as equivalent
s65 - Job evaluation schemes
- Equal Value: s65 - Work of equal value
- s77 Discussions about pay - The “Material Factor” Defence
- s78 – Gender pay gap information - Genuine and material
1
, - Summary - The Equality Clause
- What is objective justification? - Time limits and remedies
- Indirectly discriminatory pay - Equal pay audits
practices - New regulations
- Part-time workers
5. Sex & Race Discrimination
- Types of Discrimination - Meaning
- Definition of sex - Colour
- Direct Discrimination - Nationality
- Cases under SDA - National Origins
- Stereotyping - Ethnic origins
- Comparators - Specific groups
- Harassment because of sex: s26 EA - Multiple Racial Groups
2010 - Marrying into an ethnic group
- Sexual Harassment: s26 - Caste discrimination
- Insitu Cleaning Co Ltd v Heads - Association and perception
[1995] - Genuine occupational requirement
- Race Discrimination
6. Disability Discrimination
- European Context - Wide construction – Clark
- Deemed disabilities – in one of the - Narrow construction
sch in the EA - Lord Scott (Malcolm v Lewisham)
- Meaning of disability - Contrasting case brought under s15
- Physical or mental impairment - Perceived disability
- Normal day-to-day activities - Indirect disability discrimination
- Substantial adverse effect occurs where
- Long Term - Group disadvantage: shared
- Types of discrimination disability
- Different to other anti- - Employer's knowledge of disability
discrimination legislation not required
- Direct discrimination - Case example: employer's
- Discrimination for a reason arising knowledge of disability not
from disability required
- Justification - Indirect discrimination can be
- S15 was new to the EA 2010 objectively justified
- Old law – “reason related” to - Failure to make Reasonable
discrimination Adjustments
- Clark v TDG Ltd (t/a Novacold) - Reasonableness of adjustments
[1999] - FirstGroup plc v Paulley [2017]
- London Borough of Lewisham v UKSC 4
Malcolm [2008] UKHL 43
7. Religion, Belief & Sexual Orientation
- Background to SO and ROB - Sexual orientation
- Prohibited Conduct - s12 Equality Act 2010
2
