Flashcards in Employment law - Equality Act 2010 Deck (14)
Tell about Equality Act 2010
Equality Act 2010 combines the laws regarding discrimination were consolidated.
Who work against discrimination and with what?
the Equality and Human Rights Commission (EHRC) play a vital role in seeking to eliminate discrimination, they have produced a Code of Practice on Employment and courts or tribunals must take into account this code when dealing with discrimination issue
Tell about the Scope of the act and what characteristics are protected under it?(9)
-Marriage and civil partnership
-Pregnancy and maternity
-Religion or Belief
"A person is considered to have a disability for the purposes of the Act if they have a physical or mental impairment which has a substantial and long-term adverse affect on their ability to carry our normal day-to-day activities.
Are there some conditions which are considered as a disability?
HIV, Cancer and multiple Sclerosis
What two types of unique claims there may arise under disability discrimination?
1) unfavourable treatment
2) Failure to make reasonable adjustments (dependant on the situation and business finance)
Tell about direct discrimination
This arises where because of protected characteristics A treats B less favourably than A treats or would treat others.
There are only certain circumstances where this is justified, e.g. age or sex, related to occupational requirements
Tell about indirect discrimination
This arises when A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristics of B's (age, disability etc), four cases where discriminatory
Tell about four cases where indirect discrimination is discriminating
1) A applies or would apply a provision, a criterion or practise to with whom B does not share the protected characteristics
2) It puts or would put persons with whom B shares the characteristics at a particular disadvantage when compared with persons with whom B does not share it with
3) It puts or would put B at that disadvantage
4) A cannot show it to be a proportionate means of achieving a legitimate aim
Tell about Harassment and it three types
Harassment consists of three types of unlawful conduct
1) Harassment related to a relevant protected characteristics
2) Sexual Harassment in any way
3) Less favourable treatment because a person submits to or rejects sexual harassment or harassment related to sex or gender reassignment
Tell about victimisation
The Act also makes it unlawful to subject a person to a detriment for having carried out a protected act or the belief that a person may do so in the future
Anyone who testifies on behalf of the act cannot be discriminated due to their act.
What areas does the Act project about victimisation (3)
1) Bringing proceedings under the Act
2)Giving evidence or information in connection with proceedings under the Act
3) Doing anything which is related to the provision of the Act
Tell about obligations and liability
It is unlawful for an employer to discriminate in relation to arrangements for determining who should be offered employment, in access to opportunities for promotion, transfer or training.