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sqe > ch 3 legal services - equality act > Flashcards

ch 3 legal services - equality act Flashcards

1
Q

race protected characterisation

A

colour, nationality, ethnic or national origin

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2
Q

religion - belief requirements?

A

belief genuinely held not a view point, relating to a substaintial part of human life/ be worthy of respect/ certain level of cogency 9clear, logical and convincing)

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3
Q

sex - protected characteristic.

sexual orientation (orientation covers attraction)

Age

A

men and women

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4
Q

disability - threshold/ requirements?

A

physcial/ mental impairment. Substantial and long term adverse effect on ability carry out normal day to day

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5
Q

Gender reassignment and marriage/ CP protected characteristic

and pregnanacy and maternity protected

A

covers cohabitants, single people and divorcees

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6
Q

Direct discrimination?

A

A discriminates against B because of a protceted characterisatic, treating B less favourably than A would treat others.

Treatment experienced is different to real or hypothetical person (circumstances same or not materially different).

Less favourably treated and protected characteristic.

OVERT AND OBVIOUS.

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7
Q

Is there a requirement to show intention to treat less favourably or to have suffered a material/ tangible loss with direct discriminates?

A

No

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8
Q

Is there a general defence direct discrimination?

A

No except age (if prop way of achieving a legitimate aim).

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9
Q

Indirect discrimination

A

policy put in place of universal application but has an adverse impact on those who share a protected characteristic.

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10
Q

Justify indirect discrimination?

A

Yes - proportionate means of achieving a legitimate aim. Does not apply to pregnancy and maternity.

Discrim pregnancy and maternity - direct discrimination.

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11
Q

Justify disability discrimination?

A

Proportionate means of achieving legitimate aim - perpetrator must have known or reasonably be expected to know disabled person had a disability.

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12
Q

Victimisation

A

A subjects B to a detriment because B does a protected act or A believes B has done a protected act.

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13
Q

What is a protected act

A

essentially reporting discrimination or doing anything related.

Victim does not need to have a protected characteristic.

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14
Q

what is harassment?

A

Inddividual subjected to a form of unwanted conduct.

Unwanted conduct must related to a protected characteristic (except pregnancy or marriage).

AND be of a sexual nature or be of a sexual nature or related to gender reassignment and less favourable treatment because of individuals rejection or submission to the conduct.

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15
Q

Equality Act onnly makes discrimination unlawful in the cotexts of

A

Provision of legal services and employer

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16
Q

Solicitor discriminatory in private life

A

SRA Breach

17
Q

Disabled people there is a duty to

A

make adjustments - auxiliary aid, reasonable steps to avoid a disadvantage, physcial features

18
Q

Equality Act - does it include all legal service providers even if unregulated?

A

yes

no requirement that provider recieves payment for services - applies to those who provide legal advice fir free.

19
Q

Can a firm be held vicariously liable for behaviour of an employee?

A

yes.

Could use defence that firm took steps reasonable to prevent act of discrimination.

20
Q

Is there a duty on solicitors to make adjustments?

A

yes. No requirement to make fundamnetal changes, costs of making adjustments can not be passed on.

duty to disable people generally.

PROVIDER MUST ANTICIPATE rather than wait for possibility to arise.

21
Q

does the service provider have to anticipate disabled person?

A

yes

only person who suffered can bring a claim.

22
Q

Burden of proof when making a claim.

A

Intially on claimant. Burden shifts to D

23
Q

What remedies are available

A

Any remedy which a High Court could make in tort or judicial review - no limit on damages.

if firm and eployee both liable - they are jointly liable for damages awarded.

Injunctions and declarations could be granted.

24
Q

Solicitors as employers - applies to prospective, current and former employees.

A
25
Q

Does an employee have to suffer physcial consequence or financial loss to show detriment?

A

No

25
Q

Does vicarious liability apply for acts if employees in context of employment?

A

Yes.

26
Q

In the case of employment is there an exception for discrimination where it is not unlawful?

A

YES!

Employer can demo that due to job nature only people with a protected characteristic can do it.

Show prop means legitimate aim.

27
Q

In the case of employment making adjustments do they have to anticipate?

A

No - just have to know or reasonably ought to know for disabled employee or prospective employee.

Then make reaosnable adjustments.

28
Q

Making a claim employment context who do you claim to?

A

Employment Tribunal

1st - submit qs to eomployer.
2nd - try to settle
3rd Employment tribunal can award unlimited compensation. Put employee in position they would have been in had the wrong not occured. Declare rights or make recommendations.

29
Q

Are barristers protected/ special provisions?

A

Protected fro solicitors instructing them. And protected from members of chambers/ clerks and those who have applied for tenancy or pupillages.

30
Q

Is positive action a requirement?

A

No, not unlawful if don’t take it.

31
Q

2 requirements met for positive action to be lawful?

A

1st requirement - firm must reaonsably think people with protected characteristic suffer a disadvantage due to it or have diff needs or participation prop law.
show basis for belief eg survey or report.

2nd requirement - prop means of achieving - trying to overcome disadvantage or encourage participation.

32
Q

recruitment process - treat person with protected characteristic more favourably?

A

yes - 2 people equal tie breaker situation,

CAn’t shortlist applicants from ethnic group irrespective of suitability.

Not intention of allowing positive discrimination.

33
Q

Is there an SRA conduct requirement for firms to provide appropriate training on Act?

A

yes

34
Q

does failure to comply with the Act also raise conduct issues?

A

yes

35
Q

is discrimination also dealt with by SRA Code of conduct?

A

yes. discriminatory behaviour goes beyond definition of Act

36
Q

discrimination in personal capacity covered by SRA code of conduct?

A

yes

37
Q

SRA expectation of firms

A

treat people fairly and with dignity - employees and clients. SRA expects firms to look after staff welbeing and protect them from harassment, bullying and victimisation

Expect firms to put policies in place to further equality, d and i. Failure to have such policies in place could breach SRA conduct.

Also SRAcode expects firms to publish E,D and I reports and put measures in place to improve

38
Q
A

sqe (4 decks)

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