Discrimination Law

Question 1

Who does discrimination law apply to? Who is protected?

Answer 1

Individuals throughout job employment, from job ads till terminated
-employees
-workers
-contract workers
-job applicants
-former workers

Question 2

Who regulates discrimination law?

Answer 2

Employment Equality Act 2010

Question 3

What do the Equality and Human Rights commission do?

Answer 3

-promote equality + diversity , eliminate illegal discrimination , protect + promote human rights
- conduct enquiries + formal investigation

Question 4

Employers have responsibility when it comes to discrimination, what should they do?

Answer 4

-not unfairly discriminate
-take steps to prevent discrimination
-protect ppl from discrimination by others
-‘duty of care’ - looking after employee wellbeing
-‘vicarious liability’ - responsible for employees actions

Question 5

In the employment tribunal for discrimination claims who does the burden of proof lie with?

Answer 5

First with the claimant then it shifts to the employer

Question 6

Remedies for unfair discrimination

Answer 6

-unlimited compensation, dependent on severity of case
-injury to feelings compensation assessed using Vento guidelines (lower,middle n upper bands)

Question 7

Established that a court order isn’t mandatory in some circumstances

Answer 7

2018 NHS case
Established that a court order isn’t mandatory if both family of a patient + the doctor agree on removing life support

Question 8

Established the different levels of compensation for injury to feelings

Answer 8

Vento v Yorkshire Police
(Lower, middle , upper) updated each year to reflect inflation

Question 9

Protected characteristics (8)

Answer 9

1) Age
2) Disability (mental or physical impairment, impairment must be long term + impact daily activities, expected to last at least 1 year - employer must make reasonable adjustments)
3) Gender reassignment
4) Marriage + civil partnership (engaged + divorced aren’t protected)(employers can’t discriminate against couple working at same place)
5) Pregnancy + maternity
6) Race
7) Religion/belief
8) Sex + sexual orientation

Question 10

Age discrimination case

Answer 10

Thomas v Eight Members Club
Damages awarded for injury to feelings as he was told he was too young to perform job

Question 11

Disability discrimination case

Answer 11

Environmental agency v Donnelly
Employers breached duty to make reasonable adjustments for disabled employee

Question 12

Pregnancy/maternity discrimination case

Answer 12

South West York police v Jackson
She was on mat leave + employer failed to inform her on redundancy situation

Question 13

Religion/belief discrimination case

Answer 13

R v Registrar General of Births,Deaths,Marriages
Religion was re-defined + Scientology was then recognised as religion in UK

Question 14

sexual orientation discrimination case

Answer 14

The gay cake case - Lee v Asher’s Baking Company
Refusal to make cake ‘support gay marriage’ wasn’t discrimination as Christian cake company had rights to not make something they didn’t agree with

Question 15

Direct discrimination

Answer 15

Unfair treatment based on protected characteristic

Question 16

Indirect discrimination

Answer 16

Unfair treatment based on practice, policy, rule that breaches a protected characteristic

Question 17

Harassment

Answer 17

Unwanted conduct from others based on a protected characteristic

Question 18

Victimisation

Answer 18

Unfair treatment based on raising a complaint relating to a protected characteristic (can occur outside workplace, just needs to relate to work)

Question 19

Positive action

Answer 19

Helps disadvantaged groups (e.g. minorities)

Question 20

Positive discrimination

Answer 20

Aside from pregnancy, not allowed

Question 21

When can employers fairly direct discriminate?

Answer 21

If having a particular protected characteristic is an occupational requirement for that job - e.g model

Question 22

Direct discrimination - race case

Answer 22

Amnesty International v Ahmed
Sudanese woman denied job due to ethnicity, ET ruled direct discrimination

Question 23

Associative discrimination

Answer 23

Unfair treatment based on connection with someone with a protected characteristic (e.g wife is brown)

Question 24

Perceptive discrimination

Answer 24

Unfair treatment based on thinking someone has a protected characteristic, even if they don’t (e.g. thinking someone is gay)

Question 25

Indirect discrimination case

Answer 25

London Underground v Edward’s Coz introduced a new shift system making it impossible for her as a single parent to continue working , this was indirect discrimination

Question 26

Justifications for indirect discrimination

Answer 26

1) it has a legitimate objective , like a genuine business objective 2) necessary to achieve that object 3) it’s an appropriate way of achieving that object (e.g. banning fake nails for H&S req)

Question 27

Types of harassment

Answer 27

- Unwanted conduct based on PC - e.g. racist jokes - Unwanted sexual conduct - Treating someone work coz they rejected/engaged in sexual harassment - Online harassment

Question 28

Remedies for discrimination

Answer 28

1) Complain to employer/interviewer (ask for feedback) if unsatisfied with feedback speak to HR 2) Gather evidence for claim (e.g job advert, notes on what happened in interview) 3)Calculate compensation (injury to feelings, person injury, financial loss(what they could be earned if hired))