Search for notes by fellow students, in your own course and all over the country.
Browse our notes for titles which look like what you need, you can preview any of the notes via a sample of the contents. After you're happy these are the notes you're after simply pop them into your shopping cart.
Title: Employment Law - Equality
Description: This is for a employment law unit - I achieved a first class honours degree by memorising these notes and simply applying what I had learnt. It covers all aspects of the subject to achieve the highest possible mark.
Description: This is for a employment law unit - I achieved a first class honours degree by memorising these notes and simply applying what I had learnt. It covers all aspects of the subject to achieve the highest possible mark.
Document Preview
Extracts from the notes are below, to see the PDF you'll receive please use the links above
Equality
Is it discrimination?
Protected characteristic?
Prohibited conduct?
Defences/Justifications?
Procedure & Remedies
Anything else we know
...
Proposals for changes or discussion on why it was brought
in
...
Background to Equality Act 2010 was government White Paper in 2008, "Framework
for a fairer future
...
Equality Act 2010
-
Came into force on 1 October 2010
Legally protects people from discrimination in the workplace & wider society
...
Previous legislation included:
o Sex Discrimination Act 1975
o Race Relations Act 1976
o Disability Discrimination Act 1995
Changes
- Removed requirement for medical supervision for gender reassignment
...
o These aims have mostly been successful as now one definition
...
- Gender Reassignment (Section 7)
- Marriage/Civil partnership (Section 8)
- Pregnancy/maternity (Section 18)
-
-
Race (Section 9: includes colour, nationality, ethnic or national origins)
Religion/belief (Section 10: any reference to a religion or lack of religion)
o Genuinely held
o Belief not opinion
o Of substantial importance
o Not incompatible with human rights
Sex (Section 11: reference to a man or woman)
Sexual Orientation (Section 12)
Prohibited Conduct: (Only worry about 4 main ones
...
Coleman v Skyrail Oceanic Ltd (t/a Goodmans Tours)
Wife dismissed as man assumed as main breadwinner
Horsey v Dyfed CC (Coleman applied)
Female worker terminated on assumption of leaving job to
join husband
...
Bullock v Alice Ottley School
Different retiring ages for staff depending on job, teaching
60, maintenance 65
...
Coleman v Attridge Law
Mother of disabled child claimed successfully that she was
protected as obliged to take time off work to look after child
James v Eastleigh BC
‘Would C received the same treatment from D ‘but for’ his
or her sex
R v Birmingham CC ex p Equal Opportunities Commission
No need for intention to discriminate and neither good or
bad motives are relevant
- Combined Dicrimination (Section 14) (Not important but bonus mention)
o Treated less favourably due to a combination of protected characteristic
...
O’Reilly v BBC (Countryfile – sex and age)
- Indirect Discrimination (Section 19)
o Where a company has a condition, rule, policy or practice which applies
to all – but particularly disadvantages those of a protected characteristic
...
Adversely affected women as most part-time workers
...
JH Walker v Hussain
Ban employees taking non-statutory holidays during busy
periods affected ethnic origin celebrating religious holidays
St Matthias Church of England School v Crizzle
Indirect discrimination
Roman Catholic Asian was refused job as head of
Anglican School but was refused the job
Held on appeal to be reasonable and justifiable in finding
‘committed communicant Christians’, despite being
discriminatory
...
Not intention of harasser
...
Exceptions: pregnancy/maternity or marriage/civil partnership
o Second: Applies to sexual harassment
Unwanted conduct of a sexual nature
...
o Must have been known on TWO other occasions by employer
...
Victimisation (Section 27)
o Treated badly due to making or supporting a complaint/grievance or
suspected of doing so
...
Employers can protect themselves as case was ongoing
...
g
...
o Broader than other rights as can happen before employment
Comparators: (Section 23)
Determines less favourable treatment
- Must be compared with actual/hypothetical person not sharing the protected
characteristic(s) but circumstances are otherwise not materially different
...
Defences:
Lawful Discrimination
Indirect:
- Proportionate Means of Achieving a Legitimate Aim
Direct:
- Occupational Requirement (Schedule 9) - When the nature of the job justifies
less favourable treatment to a person with a protected characteristic
...
Entailed
showing potential members around facilities
...
Public changing rooms
Job involves living in a private home where a sex may
object to presence of the opposite sex
Job living in accommodation where no separate sleeping
facilities
Job in country where customs requires specific sex
Religious or cultural objections to specific gender doing job
Positive Action (Discrimination)
- Section 158 EqA 2010
o Taking positive actions to alleviate disadvantaged persons who share
one of Protected Characteristics
o Persons must be ‘disproportionately low’
- Section 159 EqA 2010
o Deals with Positive Action in relation to recruitment and promotion
Any Prohibited Conduct:
- (Lack of) Knowledge
o Mainly disability or pregnancy
- Argue Claimant has not met the definition of a protected characteristic
...
Argue that the legitimate aim could have been achieved by less discriminatory means
...
Onus is on
employer to prove it wasn’t discrimination
...
(Look up examples of monetary rewards
given)
...
However, power of a
Minister to add ‘caste’ to the definition of race is a new provision
...
Someone could be born
in one place and acquire citizenship in another
...
- Case law relating to Race:
o Gwynedd CC v Jones
Welsh speaking welsh people was not its own nationality
...
1
...
Cultural tradition of its own (family/social customs)
The following are also relevant:
1
...
Common language
3
...
Common religion different from that of neighbouring groups
5
...
Held on
appeal to be reasonable and justifiable in finding ‘committed communicant
Christians’, despite being discriminatory
...
The
1975 Act established Equal Opportunities Commission (EOC)
...
The EOC helped individuals bring cases to Employment Tribunals & to courts
...
Dress Codes
Rules are set for
- Operational reasons eg
...
- ‘Professional image’ – sometimes different rules for men & women
o Courts appear willing to grant large discretion to employers here as long
as neither gender is treated less favourably as a whole
...
o Ministry of Defence v Jeremiah
Factory overtime voluntary but male volunteers required to work in dirty
environment requiring protective clothing & showers
Overtime pay for showering time was irrelevant
Requiring only men to do work in question was unlawful discrimination
Equal Pay
Equal Pay previously contained in Equal Pay Act 1970 & Sex Discrimination Act 1975
...
Relate to differences in pay between men &
women
...
Under Section 66 of the Equality Act 2010 every worker’s contract is deemed
to include an ‘equality clause’
Title: Employment Law - Equality
Description: This is for a employment law unit - I achieved a first class honours degree by memorising these notes and simply applying what I had learnt. It covers all aspects of the subject to achieve the highest possible mark.
Description: This is for a employment law unit - I achieved a first class honours degree by memorising these notes and simply applying what I had learnt. It covers all aspects of the subject to achieve the highest possible mark.