Employment Law 5- Discrimination Law: Prohibited Conduct: Indirect Discrimination Flashcards

Question

s.23 3 provide?

Answer 1

S 23(3) provides further clarity re the PCh of sexual orientation

Answer 2

Therefore, s 23 requires that the only difference between the claimant and the comparator they choose to use should be the PCh in question and any other differences between them (for example, qualifications or experience) should be less than material But in essence need tor ememebr in choosing com for either s.13 direct discrim claim or s.19 indirect discrim were going for either real or hypoth – as said on last side, so person could be of diff sex race religion and so on

Answer 3

Ideally, the comparator will be a real person (eg the real person who did get a job, promotion etc)

Answer 4

However, a claimant should use a hypothetical comparator (a fictitious person with identical personal circumstances to the claimant save for the PCh) where no appropriate real comparator exists, or, as we saw in lecture 4 in the case of Shamoon 2003, they risk having their discrimination claim thrown out by an ET Saw in case shmoon that paritc important to get that right- got that thrown out cos 2 real c – 2 real people chose as c didn’t really work cos weren’t in same boat as she was

Answer 5

An ET deals with the need for a comparator differently for a s 19 ID claimant than for a s 13 DD claimant

Answer 6

Rather than require the claimant to identify an individual (whether real or hypothetical) comparator, an ET requires the claimant to identify a pool of comparison and use statistics to support their case

Answer 7

Initially, the ET will expect the claimant to identify that pool of comparison from within the workplace but, if statistics within the workplace don’t support the claimant’s argument, the ET will allow the claimant to widen the pool of comparison to national statistics

Answer 8

This is what happened in London Underground v Edwards 1998

Answer 9

s.19 slightly diff because instead of using 1 person as c- the claimant tends to choose pool of comparison and relies heavility on STATSITICS – all about stats proving indirect discirm and as well see it can be incred unfair indirect discirm bc if stat on ur side u can bring claim, if not you cant.

Answer 10

If u happen to be in wrong half of prtect char then u cant claim whereas someone in toher half can.

Answer 11

Way et deal with it they will lookf for c first to estab that within the employer – within workforce of employer stats show that c is member of the half of the protect ch that’s at partic disadavantage and if c is unable to prove that from within stats within work force- the tribunal will then allow them to go onto national statts. So u get 2 bites of cherry as c to try prove stats show that uve been palced at partic dis And to see how et works it look enxt case on slide

Answer 12

London Underground v Edwards 1998:

Answer 13

Miss Susan Edwards began work for London Underground in 1983 and qualified as a train driver in 1987 She had a child in 1987, for whom she had sole care Until the end of 1992, the rostering arrangements enabled her to swap shifts to ensure she only worked during the day on weekdays and alternate Sundays However, London Underground then brought in a company re-organisation plan to cut costs and increase efficiency As a single parent, Susan Edwards could not keep up her child care responsibilities after the new plan was introduced

Answer 14

She therefore refused to sign her new contract and resigned, arguing constructive dismissal, and claimed ID on grounds of sex against the London Underground The ET: found for Susan Edwards, Morrison J ruling that London Underground could have … ‘easily, without losing the objectives of their plan and reorganisation, have accommodated the applicant who was a long-serving employee… They did no address themselves to these issues’ ‘The more clear it is that the employers unreasonably failed to show flexibility in their employment practices, the more willing the tribunal should be to make a finding of unlawful discrimination’

Answer 15

She claimed indirect discrim London undergrand sex protect cha London un could have asily accom applicant long employeye they did not address themselves to these issues The more clesr it is r.a.w So she won London underground just being diff Wouldn’t cost anymore ethye didn’t need store lfit or build anything - not disability anyway but it was a re orgnaisaito that they were applying in blanket waya nd were lisitneing to individ who ahd good reason to be granted except from general rostering arrnagemt so in essence they had behaved disproprtioantely

Answer 16

Some ETs will simply accept the view that care for children (and the elderly) impacts on women more than men and will not even require statistical evidence -With care for chil- there is bit of inconsitiency som et wont even require stat evidence they’ll just say right well find for c without asking her to prove it but most ets do stillr eqauite stat evidence in support of claim

Answer 17

However, most ETs still do require statistical evidence as sociological trends may change

Answer 18

So what susan would have had to do would have ben right if we take all ppl who work for London un are there more single mothers than single fathers and if that’s the case then apparentl equal rostering arrangement that doesn ton face discrim as indirect effect of putting single mothers at a partic disad so could use London un as fscy r.a.w

Answer 19

We can use London Underground 1998 as our authority for the fact an ET will allow a s 19 ID claimant to turn to national statistics if workplace statistics don’t prove their point

Answer 20

Cos very unsually turned out from satts actually were many single fathra nd mothers but she looked antonally way more single mothers than dathers

Answer 21

We saw in lecture 3 that a defendant employer has 2 potential defences to a s 15 claim, at s 15(1)(b) and s15(2), but no ‘official’ defence (only 2 counter-arguments) to a s 21 claim re s 20 We then saw in lecture 4 that the answer to the question of whether a defendant employer has a defence to a s 13 claim depends on the PCh in question For example, re the PCh of age, s 13(2) provides a defence of ‘a proportionate means of achieving a legitimate aim’

Answer 22

Defences to other types of prohiv conduct e.g s.15 – 2 clear justification defences to dsicirm arsing from dis 1 the proprtionae attempt to achie legit aim and other employer not have realised worker disabled.. Hard to sya had rralsie etc s.20 we said no official jsutgificaiton ones bu there are counter arg e.g unreaosnble expect employer to spend am ount of money given their size nd rsouces, to say install lift for e.g And then sa last week s.13 it depends on protect ch to see whether there sia defence So fo e.g in rel to age u have proportionality defence speci mentioning age , then with dis arguing in silar lines to s.15, that not quite same, theres diff s.15 btw saying I haven’t relsied that claimant disabiled and s.13 saying im disputing that this person is disabled next slide

Answer 23

Re disability, s 13(3) provides a defence where ‘B is not a disabled person’

Answer 24

Re marriage and civil partnership, s 13(4) provides a defence of ‘only if the treatment is because it is B who is married or a civil partner’ Similarly there s a speciif sub section in relation to marriage and civil par

Answer 25

Otherwise, the only defence an employer defendant can argue is genuine occupational requirement (GOR) But nly genuine defence to direct dsicirm = gor – e.g thatre company auditing someone to play cat woman e.g if said no to man e.g and search thin g

Answer 26

For example, an ET may accept that the requirement to discriminate was a ‘proportionate means of achieving a legitimate aim’ if satisfied that it was a GOR for a theatre to hire a woman to play Catwoman

Answer 27

As with s 20, there is debate as to whether sections 13(2), 13(3) and 13(4) and GOR are recognised as ‘official’ defences or merely counter-arguments

Answer 28

However, either way, an ET will be reluctant to accept this GOR defence unless it is very clear, as was seen in the cases of: (i) Etam plc v Rowan 1989; and (ii) Glasgow City Council v McNab 2007

Answer 29

And it doesn’t matter to u and me whether call this a official justification defence or counter arg – they are as far aswere concener potential ways of a defe employer, fending off a claim,and we saw in tribunal is quite strict in its application acceptance of defence of genuine occoupational req its got to be very clear, we looked at cases of etam and Glasgow

Answer 30

In today’s lecture, we need to decide whether there is any defence to s 19

Answer 31

So now tis time to decide is there a defence s.19-yes there is its same as first defence tos .15

Answer 32

We have seen that s 19(2)(d) provides the following wording for the defence: A cannot show it to be a proportionate means of achieving a legitimate aim prove emasure was infact prop means of ..

Answer 33

The inclusion in the s 19(2)(d) defence of the word ‘proportionate’, a word which, as we saw in lecture 3, is also present in the s 15(1)(b) defence, provides us with further evidence that UK statute passed since the incorporation into UK law of the ECHR through the HRA 1998 when it came into force on 2 October 2000, such as the EA 2010, typically includes many references to the concept of proportionality which is so cherished by the ECtHR in Strasbourg

Answer 34

Mentoned it before that eve since the europen convention on hr became part of human rights becme pary of uk law when the hr came into force 2nd oct 200, we found elg written since then many ref – ROPRTIONALITY0 strasb org- so we find that word proprtiante I both s.15 defence and 19 defence and we find it not just in et in uks atts across the board propr increasingly becoming more present

Answer 35

Unlike s 15, which, as we saw in lecture 3, contains 2 defences, s 19 contains only 1 defence So unlike s.15 which contains 2 defences s.19 cotnians only 1 defence

Answer 36

The s 19(2)(d) defence, like the s 15(1)(b) defence, contains 2 elements: (i) the alleged ID can only de justified where the defendant pursued a legitimate aim; and (ii) the defendant must have pursued that legitimate aim in a proportionate manner

Answer 37

But just like 1st defence in s.15 the only defence in s.19 contains 2 elements, the proprtioanltely elements and the pursuant of a legit aim element so both of thse have to be satsifed.

Answer 38

In terms of the prop element, the leg it aim element, the t tends to be quit easily satisfied that any business, any employer exist to make money, and so tribunal tends to accept quite readily the need for bsuienss ethicsy and sometimes make ahrsh decision to prevent comp go under. So tends tob e quite easy for employer to statsify tribunal that actually it was a legit aim to impos or implement measure which c feels put at partic disa

Answer 39

(i) invariably, the defendant will argue business efficacy (the need to thrive or at least survive) as its legitimate aim

Answer 40

(ii) the key question for the ET to ask itself re the question of proportionality is whether the defendant could have achieved its stated legitimate aim in a more proportionate manner

Answer 41

However, if the answer is yes, the ET will rule that the defendant employer acted disproportionately

Answer 42

The much more diff side of things or aspet of 2 pronged defence, is to convince tribunal that the pusance of that legit aim was proption- so tribunal will ask itself, could the d or employer, achieve that legit aimin a more prop manner that would not have involved putting c at a paritc disad, and if tribunal feels answer = n o choce no way d employer could have achieved that claim without putting c at diagsaneg- say that is proportionate If could have not put c at dis and violiating right os employee that shouldhave ogn down alternative and route chose go down et wpuld say disprop

Answer 43

Lecture 5 Activity 2: In each of the following scenarios, analyse whether: (i) the employer’s actions are sufficient to meet the definition of indirect discrimination; and (ii) the employer might be able to defend the claim under s19(2)(d) Equality Act 2010 (EA)

Answer 44

Heres some scenarios application ofprop disav In each scenarios have to chose e. g above 1- so an apparnetl equal treatment of all having indirect effet placing c at partic d isad due to 1 of 8 infact for indirect discrim bc 1 of them not includen d A nd 2nd that employer may be able to defend claim using proprtioanly defnence pursuant of a legit aim.

Answer 45

Scenario 1: A small finance company, Stock Pile Ltd (SPL), advertised that it was looking to employ a stock analyst. SPL made it clear in its advertisement that a requirement of the job would be that the successful applicant would need to work late on a Friday afternoon to analyse stock prices in the Californian finance market as these figures arrived late on a Friday because of the time difference between Birmingham and Los Angeles.

Answer 46

When applying for the advertised job, Sarah explained that, during the winter months, she would like to be released early on Friday afternoons as she observes the Jewish Sabbath, and it was a requirement of her religion that she made it home before nightfall on a Friday. She said she would make up any time lost elsewhere in the week. SPL did not offer Sarah the job.

Answer 47

So could sarah first of all bring discrim claim- rtot religion/belief = idnriect discrim so can she say that that polcy needing peole to wake places pratcial jews and disad= yes we can – but chance are she could estab

Answer 48

Next q could employer defence arg- so neds to to establish had legit aim?- so is need to ssk workers stay late o fridya cosgiven that stock analyst need to no happen in ameirca before cloe for busnienss yeah legit im easy but prop part = problem –

Answer 49

so first ele of s.19 2 d = satifief but is it prop to turn down application bc relgion require them to leav eearly on Friday during winter months

Answer 50

elts not forget that 1 arg will com up with is interview sotkc plie – but saw last week cts will rpesume unless v good reaos that give el doubt to c- so what dowe think, well we don’t know how many stock ana they’ve got.

Answer 51

If they’ve only got 1 if she is only 1 it might be prop but lets say shes the 5thmaybe find away around it, why she should she be penalised cos of her religion, they could say for 3 winte motnhs she needs t leave early on Friday she promsies to make ip time another tiem could u be okay witht that, they should VERY SURELY HAVE DISCUSION WITH OTHER 4

Answer 52

So the answer very ,much dends on hwo many stock analysts there are. But if shes not gonnabe only 1 there looks like away round it

Answer 53

So probs 9 mothsyear not a problem but 3 motnhs ill make up time else where but ahe to elave early on witner motnhs So these scenariosway of reinforcing oru undertsnading howlaw I applied

Answer 54

Scenario 2: Narinder’s line manager explained that she would have to work a monthly night shift pattern, along with everyone else in her department. This would make Narinder’s daily routine difficult because she is a single mother with childcare responsibilities. Once the new pattern was in place, Narinder refused to work the night shift and was sacked.

Answer 55

Could she bring indirect discrim claim- is this a pcp or emasure set of rules or policy whatever u want to apply it implemented that when u first lookt hink that’s fair appies to evey1, but whe think ABOUT IT MORE, that actually might place females at partic disad bc more single mothers than there are single fathrs, so can u see ethat she ptonially has a claim?

Answer 56

Yes, do we think that the mployer would be able to rely on s.19 2 d defence legit aim I prop manner

Answer 57

Legit aim- having to work a monthly night shit, 1 a month ngiht shift andapplies toe veyrboda dn that’s good to make company work, as agreed anyway legit ai is quite easy for d to esytablsih an tribunal quite ready to accept legit aim part its prop part =

Answer 58

So is it prop to sack someone who says cnat work night shift due to childcare or could they have explored other avenues- surely they could have anyof u single mothers u can do same, maj whoa reent hopefully ull udnertsnsd whilst u have to do wrok shift Narinder doesn’t, are you ahppy witht hat?a nd anr make it up by working anothet im and just talk and say , are u ahppy with that or is that gonan demotivate you.

Answer 59

And if employer open about ti, 1 imagines everyone gonna eb okay. Disprop to sack hr and more prop means by calling evry1 togrther and explain, can u accpe or wil u resent us, and iek to think that workforce would understand so think say once again that Narinder has REASONABLE PROPSECT OF SUCCESS

Answer 60

Scenario 3: Gareth’s line manager explained that he would have to work a monthly night shift pattern, along with everyone else in his department. This would make Gareth’s daily routine difficult because he is a single father with childcare responsibilities. Once the new pattern was in place, Gareth refused to work the night shift and was sacked.

Answer 61

THIS IS THE UNFAIRNESS OF DISCRIM LAE AND IMPOTANTCE OF STAT Can garteht no bc stats not on his side… same as Narinder but men notat partic dis cos stats show more single mothers than father . S tha shows how unfair lae can be and how within indirect discrim stats are be alla nd end all Gareths only hope – ifllok at stta within his company could be mre fathers but nationally stats hell crash and burn

Answer 62

Scenario 4: James, 45, applied for the position of hot air balloon pilot with Panorama Limited. He had 10 years’ experience of piloting hot air balloons and was successful at his interview. However, James failed an eye examination the passing of which was a condition of employment with PL, and the position was therefore offered to a younger candidate.

Answer 63

r.a.w | So can he bring indirect- do we have pcp applies eually to all e.g pas eye tets to fly comp hot air ballon

Answer 64

Does on face discirm against any protec char no – does it place a partic char at partic disd- age so james will claim that either specific age 45 or bracket 40’s people of that age place paritc dis by this pcp of agains tpeople of more yolunger who more likely to have 20/20 vision.

Answer 65

So on face of it he potenally has claim, he get further than gareth but ufnor for james theres every chabece that tribunal will aceppt s.19 2 d defence of a prop pusant of a legit aim- bc whats legit aim of eye examine, rptoecting tourist I hot air balloon. So therfor elegit aim, was there any way round e.g contact lenses or glases but anyway, would appear to be that would be consider prop pursuant of legit aim. Glasss fro research done that would not be prop and accpetnale and seens as prop pusant of legit aim

Answer 66

So use how to recog indirect discirm Emloyer has to be dumb for direct whereas indirect more subtle and more caught up by it as don’t realsue when they implemt pcp what the ptotenial consuences are.

Answer 67

Burden of proof Let’s remind ourselves yet again that we agreed in lectures 1, 3 and 4 that the there is an imbalance in the standard of proof required for all EA discrimination claims in favour of the claimant S 136(2) states that, in the 1st stage of the proof process, the claimant needs only to convince an ET that there are facts from which the ET could decide that discrimination occurred, so all a claimant needs to do is establish a prima facie case that it’s possible they’ve been discriminated against By contrast, in the 2nd stage of the proof process, the defendant must leave the ET in no doubt at all that discrimination did not occur

Answer 68

Dow her for c and only have to rpevnt facts [SSONLE COULD HAVE BEEN Whereas 2nd barton

Answer 69

In Barton v Investec Securities Ltd 2003, the EAT confirmed this high standard proof for the defendant, requiring the defendant to prove that ‘in no sense whatsoever’ did it discriminate against the claimant

Answer 70

However, we’ve also agreed that it can be incredibly difficult for a claimant to satisfy the 1st stage of the proof process, despite the low bar, because finding evidence can prove so hard, as it’s often oral and therefore a case of 1 person’s word against another

Answer 71

The claimant needs to establish a causal link between the LFT and the PCh, whereas a defendant employer can argue the candidate looked great on paper but performed awfully in the interview, and it would be difficult for a claimant to disprove this

Answer 72

NO DOYBT WHATSOVER – agred pehaps tese apparent ufnairnes sthere bc so damn dif to prove dsicrim that’s not in writing. So agreed if comment in corr cctv to prove if college over have to prusade them to stad up for u which they wont.

Answer 73

Applying what learnt to scenario. r.aw. Lecture 5 Activity 3: Let’s finish by, as usual, reinforcing all the law that we’ve learned today re s 19 ID by applying it to this imaginary scenario: You have been contacted by Kiran, the Human Resources Manager of Great British Retail Industries (GBRI). Every year, GBRI closes its offices from 24 December to 1 January inclusive, as many of its clients’ businesses are also closed over Christmas. As a consequence, GBRI requires all employees to take 1 week’s annual leave during the Christmas closure.

Answer 74

Omar, a retail consultant, and practising muslim, requested some time off to celebrate the Muslim festival of Eid, even if it was unpaid. Other than the Christmas period, Omar had no other annual leave remaining. He had planned to set some holiday aside, but an unexpected family bereavement meant that he had to use up his remaining entitlement. Kiran refused Omar’s request for time off for Eid, telling him it came at a busy time of the year when GBRI was already suffering from staff shortages.

Answer 75

Omar has threatened to bring a s 19 ID claim against GBRI re both: (i) Kiran’s refusal to allow him time off for Eid; and (ii) GBRI’s policy of requiring its employees to use a certain amount of holiday entitlement at Christmas (when he does not want time away from work).

Answer 76

Refletc any wording In exam q Mantra 50% law 50% applying law ac In detail facts 1st = wider reading – read some jounals and current ongoing cases in news etc Please advise Kiran as to: (a) whether Omar might be able to bring an indirect discrimination claim against Great British Retail Industries; (b) if so, his prospects of success, including an assessment of whether Great British Retail Industries might be able to defend his claim; and (c) providing figures where possible, the various elements of any remedies an employment tribunal is likely to award to Omar should his claim be successful.

Answer 77

Suggested answer: Let’s remind ourselves that, to achieve a high mark in a problem-style question, we must: (i) identify and briefly explain any relevant law; and then (ii) apply that law, accurately and in detail, to the facts we are given in the question, spelling out the obvious Let’s also remind ourselves that, to achieve a 1st, we should strive to demonstrate evidence of wider reading

Answer 78

Finally, let’s also remind ourselves of our recommended answer structure for each potentially relevant claim in a problem-style question: Background / definition / legal position /options: Law: background & definition, Application: legal position & options Venue: Law: Application: Claim form and time limit : Law: Application: Eligibility requirements: Law: Application: Further requirements: Law: Application: Burden of proof: Law: Application: Likely awards if success possible: Law: Application: Claimant’s prospect of success: Law: Application:

Answer 79

Also ave answer structure but might not mrirow wording of q but kind merge 2 Brill way fo revsing is to have a go at q’s after exam in exam conditons, so both q seminar 2 and this q good in exam cond, bc If know then great e.g know jow much write back groun detc that’s why need to practice

Answer 80

LAW- APPLCIATION- TIS APPL WHERE PPL FALL, so exicited peole kow law forget ao apply and when apply la don’t say clearly this case but haven’t given any indication WHY IT’S THE CAE, so need to spell out thje obvs

Answer 81

Legal pos yes- elig req protech cha needs to be at stake and 1 of 6 typr of prhov Omar protech – relgion/belief and that s.10 more detail religion belief and which type of protech cha s.19 indirect dsicim 6 types which 1 or more apply s.4 and 10 govern protech cha s.19 indirect

Answer 82

Int emrs of options 4 omar tends tobe atleast 3 -1 of which oru friend ostrich approach- soemc lcients hate confrontation lvie with it, anothjer otpon is to coudld eicd thi si junaaccpetblt this is essneitally consutrcutive dismissal and bring s.19 claim after walking out or he could brign s.19 claim whilst still in palce as worker and gbri

Answer 83

Venue s.120 (1) says all dsicrim claims like all sat claim all have to be in et – only claim also ct of law = wd. We know that claum form to fill is et1 form governed s.3 employment tribunals act. And that aprtic s.8 tht omafr will complete cos contains details of claim. S.9 the remedies theyre seeking, again if have go not able to finsish s.8 and 9 soething u can omit. Helps slightly but not crucial

Answer 84

Here acting for kiran she might repson in et3 form- could change that could also workf or d. time limi remember s.123-1 and says got 3 months omar hs 3 months to subit et1 1 to tribunal 1 to kiran from the last episode of drsim. And well know agan if find can complete answer in 55 mins. But if uve got time to play with. U could say that tribunal geneurous to discirm c cos humiliation than say ud claima or rp c dso might have taken more thn3 months tog et courage.

Answer 85

Elig req= discrim no contious emplyemnt don’t even need to be employee could be adver tetc don’t even need to do yas work so only req 1 of 9 charcters rel and that atleats 1 of 6 protrch con

Answer 86

1 religou beliefprotec ch and idnrect discrim is hghis potential claim. Not diabled so havet got 15 or 20. its not direct dscirm onfac of it, it’s a policy hta applies equally to everyone so not s.13 its s.19 and thers no ev of ahrrasmsne tand victimisation.

Answer 87

So looking at s,19 indirect dscrim/ firther req= compartor here so s.13 and 19 require c. we agreed that’s.19 more about pool of com and in partic stras.

Answer 88

Do stats within firm reflect fact or are they infaour of omar. Cos hes gonna be arguing this apparently non discrim req for everyone to take week off over Christmas week, doesn’t appear first instance to dscirm against anybody but after actual does idnriectly place prstcising muslims as partic disav-

Answer 89

so almost certainlyoamr would not need to go beyond stats within gbri to national sats eveb within gbri the chances are hed be able to etab that eople practice other elgi are not placed at disad chrsmtas week fof. He would then try add weight to arg acas to ask questins-

Answer 90

what ur policy on religion? Do u offer taining or eigon, any other e.g othe rworker finding diff week off chrismas week. Joy of b.op discirm law applies ewually to all 6 types of prophib conduct know that’s its imbalanced more for c – and rpodcue facts possible that cbri could ahev dsicirm against omar, whilst gbri must asaifyd NON SENSE WHATSOVER id they dscrim.

Answer 91

So what are ag can omar agur s.19 indirect well onf CE DOES SEEM GBRI AND KIRAN have case to answer cos ionf acde of it does apper that pcp of requiring everyone tot take weke fof at xmas has indirectly put oar at paritc dis cos hed reather take it off at eid. He had saved time eid btu have to sav efmaily beareave,ent. And he would argue strict take of at xmas = disagvemt.

Answer 92

B.op then move to kiranand gbri to establish non snese pcp to take off wekk that not discrim at all. And ifnatc turn to defence s.192 b – legi t aim ad applied pro. Legit easy to etsabs- aim = whats the reason for it? – bc the other business closed down. Not gonna achieve anything by stayijg open that week. So save more by closing down building this uni closes to save elec etc.

Answer 93

so kinda ialr standard practice tribual likely to accpe tleigt iam. Ahrd part is estab that refusing o let omar take time off for eid is proportionate. Rather than aply polcuy ans rigid what might they do. What might krian do. Not still palcin omar at partic dis?- allow him to takr itm off for eid. Discused TALK TO OMARS COLELEGUES.

Answer 94

Should ahev took holiday entitle but reason wa unfortunate to death. Hed been savin g that week tot ake off at eid. Do u might him tot ake off time for eid etc. hopefully understand. He kep that wee back and only had to use wek allocated eid cos one family meeber died

Answer 95

. This could be either r way interesting case. * cos think tribunal go either eya. In temrs of prop tribuna want to see that krina discussed with omars collegues and alternaitves and if felt just simply applied blanet policy have to tak week off etc.. What matters I know how to apply law and how to apply pattic s.1952 aim easy prop hard.

Answer 96

If as in seminar lookignat 1 of 2 disability probit conduct s.20 sub sec 4 either firm with no money or frim operating a grade 2 lfieter bulding vos cant instal lfit. But tif likehis don’t need expenditure but just approaval of omars colegues . Doesn’t mnbotht them too much whe he takes his hol then perhaps dispop rigig appkciiton of pcp.

Answer 97

Remedies next wek- bc 1 part of rem capped relates to harassment but in essence n overall cp to a discirm clai to succcesfull dsicirm claimant payout. Only element that any way capped is part of ti relates to injury/feeligns ct has provided guildeleines there. Next week harrasmen tvictimisation and remedies.

Answer 98

Review: Having completed lecture 5, we should now be able to: (i) explain in detail a 2nd of the 4 main types of prohibited conduct (PCo), namely: S 19: Indirect discrimination; the other 3 main types being: S 13: Direct discrimination; S 26: Harassment; and S 27: Victimisation; and (ii) to apply our knowledge of s 19 to a fictitious scenario

Answer 99

Preview: Lecture 6: In lecture 6, we’ll acquire the ability to explain in detail the 3rd and 4th of the 4 main types of prohibited conduct (PCo), namely: S26: harassment; and S27: victimisation and to apply our knowledge of s 26 and s 27 to a fictitious scenario

Answer 100

Seminar 3: We have an activity to prepare in advance of seminar 3, in which we’ll reinforce our understanding of 1 of the 6 types of PCo, namely: S 13: Direct discrimination by applying our knowledge of the relevant law to a problem-style question on these 2 types of PCo

Employment Law 5- Discrimination Law: Prohibited Conduct: Indirect Discrimination Flashcards

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