Lecture 5- Discrimination and equality
Equality Act (EA 2010): Law relating to unlawful discrimination
Protected characteristics: Designation of a person or group protected against less favourable
treatment under the EA 2010
o Age
o Disability
o Gender re-assignment
S 16; it is discrimination to treat someone absent from work dur to gender
assignment treatment less favourably than anyone else taking sick leave
Employers should not need to require sight of a gender recognition
certificate more than once. Additional requests may be considered
harassment
o Marriage and civil partnership
Not protected against discrimination by perception and association and
Harassment
BUT same sex marriage and civil partnership could claim harassment on the
grounds of sexual orientation
o Pregnancy and maternity
‘Protected period’ Period of protection for women while pregnant or on
maternity leave
Illegal to dismiss, demote and refusal of training opportunities during that
period
No specific protection against harassment However, sex discrimination
could be relevant
o Race
Colour
Nationality
Ethnic or national origins
o Religion and beliefs
Exceptions for certain religions (e.g. catholic church has the right to request
an unmarried and not divorced priest, so that it doesn’t go against the
follower’s beliefs)
o Sex
Treating men and women differently does not result in discrimination unless
one is treated less favourably
Equality clause – Implied term in an employment contract to ensure parties
are treated equally favourably
Equal work
Like work: Job is the same or largely similar
Work rated as equivalent
Work of equal value (same level of skills, decision-making,
management responsibilities)
A women should not be subject to inferior pay and conditions during
pregnancy or while on maternity leave
o Sexual orientation
Equality Act (EA 2010): Law relating to unlawful discrimination
Protected characteristics: Designation of a person or group protected against less favourable
treatment under the EA 2010
o Age
o Disability
o Gender re-assignment
S 16; it is discrimination to treat someone absent from work dur to gender
assignment treatment less favourably than anyone else taking sick leave
Employers should not need to require sight of a gender recognition
certificate more than once. Additional requests may be considered
harassment
o Marriage and civil partnership
Not protected against discrimination by perception and association and
Harassment
BUT same sex marriage and civil partnership could claim harassment on the
grounds of sexual orientation
o Pregnancy and maternity
‘Protected period’ Period of protection for women while pregnant or on
maternity leave
Illegal to dismiss, demote and refusal of training opportunities during that
period
No specific protection against harassment However, sex discrimination
could be relevant
o Race
Colour
Nationality
Ethnic or national origins
o Religion and beliefs
Exceptions for certain religions (e.g. catholic church has the right to request
an unmarried and not divorced priest, so that it doesn’t go against the
follower’s beliefs)
o Sex
Treating men and women differently does not result in discrimination unless
one is treated less favourably
Equality clause – Implied term in an employment contract to ensure parties
are treated equally favourably
Equal work
Like work: Job is the same or largely similar
Work rated as equivalent
Work of equal value (same level of skills, decision-making,
management responsibilities)
A women should not be subject to inferior pay and conditions during
pregnancy or while on maternity leave
o Sexual orientation
