Equality Act 2010

Question 1

definition of disability

Answer 1

s6 EA 2010

Question 2

obesity itself it not classed as a disability, however the statute does recognise that if the obesity results in restricted physical or mental ability then this may fall under the definition

Answer 2

Kaltoft v Municipality of Billund

Question 3

exclusion of socially unacceptable tendencies e.g. pyromania, voyeurism and drug/alcohol addiction

Answer 3

Equality Act (disability) Regulations 2010

Question 4

“substantial” is classed as more then minor and assessed in relation to what the individual could do without the impairment rather than being compared against the average person

Answer 4

Paterson v Metropolitan Police Commissioner

Question 5

judicial reasoning is increasingly recognising a wide definition of normal day to day activities such as manual work jobs, so that an individual unable to carry out such tasks due to physical limitation can be classed as disabled

Answer 5

Banaszsyk v Booker

Question 6

employers have a duty to make reasonable adjustments for disabled persons in the workplace

Answer 6

s39(5) EA 2010

Question 7

where a practice, criterion or physical feature of A puts a disabled person at a substantial disadvantage compared to a non disabled person, A must take reasonable steps to avoid that disadvantage

Answer 7

s20 EA 2010

Question 8

the employer must provide auxillary aids if a disabled person would be, but for the provision of the aid, at a substantial disadvantage in comparison with non-disabled persons (these must be provided at no cost to the employee)

Answer 8

s20(7) EA 2010

Question 9

the judicial definition of “reasonable adjustment” appears to have a wide definition, including a job swap

Answer 9

Chief Constable of South Yorks Police v Jelic

Question 10

all adjustments must be reasonable - several factors are considered including the degree the employee would benefit from the adjustment and the budgetary considerations.

Answer 10

Cordell v Foreign and Commonwealth Office

Question 11

definition of discrimination

Answer 11

s15 EA 2010

Question 12

definition of harassment

Answer 12

s26 EA 2010

Question 13

definition of victimisation

Answer 13

s27 EA 2010

Question 14

associative discrimination is prohibited under EA 2010 meaning that a person cannot be treated less favourably due to their association with a disabled person

Answer 14

Coleman v Atridge

Question 15

perceptive discrimination is also recognised under the statute, prohibiting less favourable treatment on the grounds of being perceived as having a disability

Answer 15

Chief Constable of Norfolk v Coffrey

Question 16

definition of indirect discrimination

Answer 16

s19 EA 2010

Question 17

defence of “proportionate means of achieving a legitimate aim” - the onus is on the employer to show that the requirement was objectively justified, such justification can be on the grounds of business or economic need

Answer 17

Bilka-Kaufhaus GmbH v Weber von Hartz

Question 18

the ET found that a change in rota indirectly discriminated against an employee on the grounds of her religious practices - the change to working hours could not be justified as proportionate as the employer had previously been able to work round the employees requirements

Answer 18

Williams-Drabble v Pathway Care Solutions

Question 19

the prohibition of those of the Sikh religion wearing the kara at school was held to be direct discrimination

Answer 19

Governing Body of Aberdale Girls High School

Question 20

held that the employer was acting reasonably by moving a nurse to a desk job because she refused to remove her crucifix which was in breach of the health and safety rules of the hospital

Answer 20

Chaplin v Royal Devon & Exeter Hospital Trust

Question 21

indirect discrimination on the grounds of sex - where a provision, criterion or practice is detrimental to a larger proportion of women than men

Answer 21

British Airways v Starmer

Question 22

the refusal to limit shifts to 8 hours was found to be indirect discrimination against female cabin workers as they were not able to breastfeed and there was no proportionate means of achieving a legitimate aim

Answer 22

MacFarlane v Easyjet

Question 23

the educational requirement was not a proportionate means of achieving the legitimate aim of finding the best individual for the promotion, as it effectively excluded older employees from obtaining a degree in the 3 years required

Answer 23

Homer v Chief Constable of West Yorks Police

Question 24

this case confirmed that considerations of “costs alone” to the employer cannot solely justify discriminatory treatment, however, a “costs-plus” approach (meaning costs plus something else) can be capable of justifying age discrimination

Answer 24

Woodcock v Cumbria Primary Care Trust