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EMPLOYMENT – DISCRIMINATION
Treating one group differently than another group
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The
Equality Act 2010 unifies various types of discrimination
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4 types of prohibited conduct
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An age, an age range
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Colour, nationality, ethnic/national origin
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Held that there
was discrim as she was more qualified and suited that
the person hired
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*Defences – no defence to direct discrim, except for
age
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*Mandla v Dowell Lee CF with
Panesar v Nestle
*London Underground v Edwards
(No 2)
*British Airways v Starmer (female
pilot wanting to reduce working hrs
for childcare = indirect
discrimination, as predominantly
women who have childcare issues
and want to work part-time basis)

SEX –s11 – men/women
SEXUAL ORIENTATION –s12 – same sex, opposite
sex, both sexes
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DISABLED –s6(1) a) P has a physical or mental
impairment; and b) the impairment has a substantial and
long term adverse effect on P’s ability to carry out
normal day to day activities
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*Impairment – Power v Panasonic UK Ltd – Becoming
depressed, will still be an impairment, regardless if it is
self-induced through alcohol – how impairment is
caused is irrelevant
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*long term – last/likely to last 12 months or for the rest
of their life
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VICTIMISATION

CLAIMS PROCEDURE
*Try to resolve the dispute internally following the
ACAS Code on disciplinary and grievance procedures
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*s27 EA 10 – can be victimized to any one of the
protected characteristics
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The
detriment does not have to be financial
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Nagarajan v
LRT
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Claimant just needs to establish they suffered a
detriment
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*Once disability is established – s20 EA 10 –
employer has a duty to make reasonable adjustment
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Then respondent to provide adequate explanation
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The steps they
have to do depends on the extent of the disability
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*No defence if there is a failure to make reasonable
adjustment
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REMEDIES
*Recommendation
*Declaration – company admitting they have done
wrong
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R v Birmingham CC ex p E
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C
James v Eastleigh BC
R (on the application of E) v JFS Governing Body
Shamoon v RUC
Coleman v Attridge Law
Wilson v TB Steelworks
Tottenham Green under 5s v Marshall
St Helens MBC v Derbyshire
Lincoln Police v Weaver
O’Hanlon v HMRC
Kenny v Hampshire
Garrett v Lidl
Chief Constable of S Yorks v Jelic

HARASSMENT
*s26 EA 10 – unwanted conduct
(obvious risk or victim made clear –
subject and objective element), re
protected characteristic, purpose or
effect (jokes?), violating
dignity/intimidating environment
(objective or subjective?)
*Harassment is now a stand-alone
claim - Strathclyde Regional
Council v Porcelli (1986) –
s26(2)and (3) EA 10
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English v Thomas
Sanderson Blinds
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Addressed in s109
EA 10

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