2 Flashcards
what is direct discrimination?
Covers, for example, treating someone less favourably on grounds of their gender, compared with someone of a different gender. E.g. reserving a job for male candidates.
what is victimisation?
Protects those who have asserted their rights under the Equality Act or someone supporting them from subsequent unfavourable treatment by their employer.
what is harassment?
- Does not have to be directed at an individual.
- Note the use of the words ‘purpose or effect’.
- Can be a single event or a series of events.
- e.g., inappropriate comments, offensive jokes, exclusion from social events in situations relating to work
- Harassment does not apply to marriage and civil partnerships or pregnancy and maternity.
equal pay
A woman is entitled to claim equal pay with a male comparator who is doing:
- like work
- work rated as equivalent
- work of equal value
direct discrimination
Covers, for example, treating someone less favourably on grounds of their gender, compared with someone of a different gender. E.g. reserving a job for male candidates.
There is no defence to direct discrimination except on the ground of occupational requirement. i.e. it is essential to restrict employment to people of a certain characteristic.
discrimination by perception
This occurs where someone is treated less favourably because of an incorrect belief about their attributes, abilities, beliefs, etc relating to a protected characteristic.
discrimination by association
This occurs where someone is treated less favourably because they associate with a person with a protected characteristic.
discrimination - comparators
Liability in all cases of direct or indirect discrimination is determined by comparing the defendant’s treatment of the claimant with that of an actual or hypothetical person who does not share their protected characteristic.
Discrimination and disability – reasonable adjustments
- Adjustments to working arrangements e.g. allowing an employee to work flexible hours
- Making physical alteration to the premises e.g. installing a ramp or a lift
- Provision of aids to facilitate carrying out employment duties.
indirect discrimination
If A applies to B a provision, criterion or practice (PCP) which is discriminatory in relation to a relevant protected characteristic of B.
In other words, this would put B at a disadvantage compared with others who do not share the protected characteristic.