Discrimination Flashcards
Prohibition on direct discrimination arises from…
s13 Equality Act 2010
s13 EA 2010 says…
A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats (or would treat) others
In what way is age discrimination slightly different?
s13(2) EA 2010: If the protected characteristic is age, A does not discriminate against B if A can show A’s treatment of B to be a proportionate means of achieving a legitimate aim.
Two questions to ask about direct discrimination:
(1) Has B been treated less favourably than C?
(2) If so, was it because of a protected characteristic?
Test for indirect discrimination:
(1) A provision, criterion or practice is applied
(2) It puts people who share a protected characteristic at a disadvantage
(3) It puts B at that disadvantage
(4) It’s not a proportionate means of achieving a legitimate aim
Test for harassment under s26(1) EA 2010:
When:
(a) A engages in unwanted conduct related to a protected characteristic
(b) The conduct has the purpose or effect of:
i. violating B’s dignity or
ii. creating an intimidating, hostile, degrading, humiliating or offensive environment for B
Test for harassment under s26(2) EA 2010:
When:
(a) A engages in unwanted conduct of a sexual nature
(b) The conduct has the purpose or effect of:
i. violating B’s dignity or
ii. creating an intimidating, hostile, degrading, humiliating or offensive environment for B
What are the two types of harassment?
(1) Harassment related to a protected characteristic
(2) Sexual harassment (through unwanted sexual conduct)
For victimisation under s27 EA 2010, what are the “protected acts”?
(1) Bringing proceedings under EA 2010
(2) Giving evidence/information in relation to such proceedings
(3) Doing anything else for the purposes of, or in connection with, the EA 2010
(4) Alleging someone has done something which contravenes EA 2010
What are the remedies of the Employment Tribunal under s124 EA 2010?
(a) Declaration: Make a declaration as to the rights of the complainant and respondent in relation to the matters to which the proceedings relate;
(b) Compensation: Order the respondent to pay compensation to the complainant;
(c) Appropriate recommendation: Make an appropriate recommendation
This is from s124 EA 2010
What’s the usual remedy in discrimination / harassment / victimisation cases?
Compensation
How does the burden of proof work in claims under EA 2010, and in which section of the Act is this set out?
A two-part test as set out in s136 EA 2010:
(2) If there are facts from which the court could decide, in the absence of any other explanation, that A contravened a provision of EA 2010, the court must hold that the contravention occurred.
(3) But this does not apply if A shows they didn’t contravene the provision.
In other words, the burden is first on the complainant to show a provision could have been breached, then on the respondent to show that there is a different reason
Where is the rule on the “occupational requirement” defence to a discrimination claim?
Schedule 9 EA 2010
