Chapter 5 Discrimination Flashcards
Give a case example for discrimination - protected characteristic - “substantial”.
Paterson v Metropolitan Police Commissioner 2007
Facts
Mr P Police officer with dyslexia
Decision
Held not to compare with an average person more what they could do without impairment. The effect is “substantial” compared to cross section of population. Qualified as disabled.
Give a case example of Discrimination - belief
Nicholson v Grainger plc and others 2010
Facts
Mr N was made redundant and claimed he was selected because of his climate belief.
Decision
Held climate change is a protected belief. Set down the five criteria:
1. genuinely held;
2. not opinion or viewpoint;
3. weighty and substantial aspect of life and behaviour;
4. seriousness and importance;
5. not incompatible human dignity or conflict with the fundamental rights of others.
Give case example of Discrimination - “but for” proving direct discrimination - intent not needed “but for” test.
James v Eastleigh Borough Council 1990
Facts
Mr and Mrs went swimming. Both 61 but as she was a pensioner she didn’t have to pay but he did.
Decision
HL held discriminatory
Give a case example for Discrimination - indirect provision, criterion or practice - one offs
British Airways plc v Starmer 2005
Facts
Allowed reduction in hours at management discretion. Refused female reduce by 50% for business reasons.
Decision
One offs can be discriminatory
Give a case example of Discrimination - indirect criterion, practice or provision - causing a disadvantage
ET and EAT held not discrimination. ECtHR - no fair balance was struck between individual and community.
Give a case example of Discrimination - indirect criterion, practice or provision - “fair balance”
Ladele v London Borough Council of Islington 2009
A marriage registrar would not perform civil partnerships because it conflicted with her Christian belief. Council had policy “dignity for all”.
Decision
ECtHR - “fair balance” had been found.
Give a case example of Discrimination - remedies
Vento v Chief Constable of West Yorkshire Police (no 2) 2003
Facts
Probationer Police Constable was victim of bullying and sexual harassment.
Decision
Set framework for assessing amount of damages with 3 levels.
CA held £165k
Give a case example of Discrimination - belief - gender critical
Forstater v CGD Europe and Others 2021
Facts
International researcher contractor not renewed because of gender critical belief (sex not changeable)
Decision
EAT held as protected belief
Give a case example of discrimination - perception
English v Sanderson Blinds Ltd (2008)
Claimed harassment in the workplace after being subjected to homophobic mockery.
CA decided that actual sexual orientation is irrelevant.
Give a case example of discrimination - association
Coleman v Attridge Law (2008)
Had a disabled son. Was accused of using him to manipulate request for working time. She claimed unfair dismissal.
ECJ ruled all claims of discrimination. Local Act needed to include this.
Give a case example of discrimination - ECHR - philosphical belief
Mackareth v DWP (2019)
He refused to use service users’ preferred pronouns. DWP dismissed him.
Appeal - his belief is protected under EA and Human Rights Act but can’t express it at work. Confusing case.
Give a case example of Discrimination - echr - belief
Lee v Ashers Bakery (2018)
Asked for a cake stating “support gay marriage”. They refused as offensive. Complained to Equality Commission of direct discrimination on sexual orientation.
Supreme Court: it was objection to message not sexual orientation and Ashers were entitled to not go against their belief.
