ch 3 legal services - equality act

Question 1

race protected characterisation

Answer 1

colour, nationality, ethnic or national origin

Question 2

religion - belief requirements?

Answer 2

belief genuinely held not a view point, relating to a substaintial part of human life/ be worthy of respect/ certain level of cogency 9clear, logical and convincing)

Question 3

sex - protected characteristic.

sexual orientation (orientation covers attraction)

Age

Answer 3

men and women

Question 4

disability - threshold/ requirements?

Answer 4

physcial/ mental impairment. Substantial and long term adverse effect on ability carry out normal day to day

Question 5

Gender reassignment and marriage/ CP protected characteristic

and pregnanacy and maternity protected

Answer 5

covers cohabitants, single people and divorcees

Question 6

Direct discrimination?

Answer 6

A discriminates against B because of a protceted characterisatic, treating B less favourably than A would treat others.

Treatment experienced is different to real or hypothetical person (circumstances same or not materially different).

Less favourably treated and protected characteristic.

OVERT AND OBVIOUS.

Question 7

Is there a requirement to show intention to treat less favourably or to have suffered a material/ tangible loss with direct discriminates?

Answer 7

No

Question 8

Is there a general defence direct discrimination?

Answer 8

No except age (if prop way of achieving a legitimate aim).

Question 9

Indirect discrimination

Answer 9

policy put in place of universal application but has an adverse impact on those who share a protected characteristic.

Question 10

Justify indirect discrimination?

Answer 10

Yes - proportionate means of achieving a legitimate aim. Does not apply to pregnancy and maternity.

Discrim pregnancy and maternity - direct discrimination.

Question 11

Justify disability discrimination?

Answer 11

Proportionate means of achieving legitimate aim - perpetrator must have known or reasonably be expected to know disabled person had a disability.

Question 12

Victimisation

Answer 12

A subjects B to a detriment because B does a protected act or A believes B has done a protected act.

Question 13

What is a protected act

Answer 13

essentially reporting discrimination or doing anything related.

Victim does not need to have a protected characteristic.

Question 14

what is harassment?

Answer 14

Inddividual subjected to a form of unwanted conduct.

Unwanted conduct must related to a protected characteristic (except pregnancy or marriage).

AND be of a sexual nature or be of a sexual nature or related to gender reassignment and less favourable treatment because of individuals rejection or submission to the conduct.

Question 15

Equality Act onnly makes discrimination unlawful in the cotexts of

Answer 15

Provision of legal services and employer

Question 16

Solicitor discriminatory in private life

Answer 16

SRA Breach

Question 17

Disabled people there is a duty to

Answer 17

make adjustments - auxiliary aid, reasonable steps to avoid a disadvantage, physcial features

Question 18

Equality Act - does it include all legal service providers even if unregulated?

Answer 18

yes

no requirement that provider recieves payment for services - applies to those who provide legal advice fir free.

Question 19

Can a firm be held vicariously liable for behaviour of an employee?

Answer 19

yes.

Could use defence that firm took steps reasonable to prevent act of discrimination.

Question 20

Is there a duty on solicitors to make adjustments?

Answer 20

yes. No requirement to make fundamnetal changes, costs of making adjustments can not be passed on.

duty to disable people generally.

PROVIDER MUST ANTICIPATE rather than wait for possibility to arise.

Question 21

does the service provider have to anticipate disabled person?

Answer 21

yes

only person who suffered can bring a claim.

Question 22

Burden of proof when making a claim.

Answer 22

Intially on claimant. Burden shifts to D

Question 23

What remedies are available

Answer 23

Any remedy which a High Court could make in tort or judicial review - no limit on damages.

if firm and eployee both liable - they are jointly liable for damages awarded.

Injunctions and declarations could be granted.

Question 24

Solicitors as employers - applies to prospective, current and former employees.

Question 25

Does an employee have to suffer physcial consequence or financial loss to show detriment?

Answer 25

No

Question 25

Does vicarious liability apply for acts if employees in context of employment?

Answer 25

Yes.

Question 26

In the case of employment is there an exception for discrimination where it is not unlawful?

Answer 26

YES! Employer can demo that due to job nature only people with a protected characteristic can do it. Show prop means legitimate aim.

Question 27

In the case of employment making adjustments do they have to anticipate?

Answer 27

No - just have to know or reasonably ought to know for disabled employee or prospective employee. Then make reaosnable adjustments.

Question 28

Making a claim employment context who do you claim to?

Answer 28

Employment Tribunal 1st - submit qs to eomployer. 2nd - try to settle 3rd Employment tribunal can award unlimited compensation. Put employee in position they would have been in had the wrong not occured. Declare rights or make recommendations.

Question 29

Are barristers protected/ special provisions?

Answer 29

Protected fro solicitors instructing them. And protected from members of chambers/ clerks and those who have applied for tenancy or pupillages.

Question 30

Is positive action a requirement?

Answer 30

No, not unlawful if don't take it.

Question 31

2 requirements met for positive action to be lawful?

Answer 31

1st requirement - firm must reaonsably think people with protected characteristic suffer a disadvantage due to it or have diff needs or participation prop law. show basis for belief eg survey or report. 2nd requirement - prop means of achieving - trying to overcome disadvantage or encourage participation.

Question 32

recruitment process - treat person with protected characteristic more favourably?

Answer 32

yes - 2 people equal tie breaker situation, CAn't shortlist applicants from ethnic group irrespective of suitability. Not intention of allowing positive discrimination.

Question 33

Is there an SRA conduct requirement for firms to provide appropriate training on Act?

Answer 33

yes

Question 34

does failure to comply with the Act also raise conduct issues?

Answer 34

yes

Question 35

is discrimination also dealt with by SRA Code of conduct?

Answer 35

yes. discriminatory behaviour goes beyond definition of Act

Question 36

discrimination in personal capacity covered by SRA code of conduct?

Answer 36

yes

Question 37

SRA expectation of firms

Answer 37

treat people fairly and with dignity - employees and clients. SRA expects firms to look after staff welbeing and protect them from harassment, bullying and victimisation Expect firms to put policies in place to further equality, d and i. Failure to have such policies in place could breach SRA conduct. Also SRAcode expects firms to publish E,D and I reports and put measures in place to improve