Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Discrimination > Discrimination > Flashcards

Discrimination Flashcards

1
Q

What is discrimination under UK law?

A

Discrimination under UK law refers to treating someone unfairly or less favorably because of a protected characteristic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

List all 9 protected characteristics under the Equality Act 2010.

A
  1. Age
    2.Disability
    3.Gender reassignment
    4.Marriage and civil partnership (in employment only)
    5.Pregnancy and maternity
    6.Race, including color, nationality, ethnic or national origin
    7.Religion or belief
    8.Sex
    9.Sexual orientation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Fill in the blank: The __________ Act 2010 consolidates previous anti-discrimination laws in the UK.

A

Equality.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is direct discrimination?

A

Direct discrimination occurs when someone is treated less favorably directly because of a protected characteristic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is indirect discrimination?

A

Indirect discrimination occurs when a policy or practice applies to everyone but disadvantages people with a protected characteristic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

True or False: Harassment is considered a form of discrimination under UK law.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the purpose of the Equality and Human Rights Commission?

A

The Equality and Human Rights Commission promotes and enforces the principles of equality and human rights in the UK.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is ‘reasonable adjustment’ in the context of disability discrimination?

A

Reasonable adjustments are changes made to ensure that a disabled person can access the same opportunities as others.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does the term ‘victimization’ mean in discrimination law?

A

Victimization occurs when someone is treated badly because they have made a complaint about discrimination or helped someone else do so.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the maximum compensation for discrimination claims under the Equality Act?

A

There is no maximum compensation specified under the Equality Act; it depends on the case and circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

True or False: Age is a protected characteristic under the Equality Act 2010.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the difference between direct and indirect discrimination?

A

Direct discrimination is treating someone less favorably due to a protected characteristic, while indirect discrimination involves a policy that disproportionately affects a group with a protected characteristic.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Fill in the blank: Discrimination based on __________ is not allowed in recruitment processes.

A

gender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the term ‘protected characteristic’ refer to?

A

Protected characteristics are specific attributes that are legally protected from discrimination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the role of the Employment Tribunal in discrimination cases?

A

Employment Tribunals hear claims related to employment discrimination and can award compensation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

True or False: Employers are required to provide equal pay for equal work.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the Equality Act’s stance on religious beliefs?

A

The Equality Act protects individuals from discrimination based on their religious or philosophical beliefs.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does ‘disability’ mean under the Equality Act 2010?

A

A disability is defined as a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to perform normal day-to-day activities.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Fill in the blank: __________ discrimination occurs when someone is treated less favorably because of their marital status.

A

Marital status.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the duty of care that employers have towards their employees?

A

Employers have a duty to protect their employees from discrimination and ensure a safe working environment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

True or False: A person can be discriminated against based on their association with someone with a protected characteristic.

A

True.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is ‘positive action’ in the context of discrimination law?

A

Positive action refers to measures taken to help individuals from disadvantaged groups compete on more equal terms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the significance of the case ‘Mandla v Dowell Lee’?

A

The case established that a Sikh man was entitled to wear a turban at work, reinforcing religious freedom under discrimination law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Fill in the blank: The __________ Act 2010 protects against discrimination in education.

A

Equality.

25
Q

What is considered harassment under the Equality Act?

A

Harassment is unwanted behavior related to a protected characteristic that creates an intimidating, hostile, degrading, humiliating, or offensive environment.

26
Q

True or False: Discrimination can occur even if the discriminator did not intend to discriminate.

A

True.

27
Q

What is the time limit for bringing a discrimination claim to an Employment Tribunal?

A

The time limit is usually three months from the date of the alleged discrimination.

28
Q

What is the difference between ‘equal treatment’ and ‘equal pay’?

A

Equal treatment refers to treating individuals the same in all aspects, while equal pay specifically addresses the payment for equal work.

29
Q

What is ‘gender reassignment’ in the context of discrimination law?

A

Gender reassignment refers to the process of transitioning from one gender to another, and individuals undergoing this process are protected from discrimination.

30
Q

Fill in the blank: The Equality Act 2010 came into force on __________.

A

1 October 2010.

31
Q

True or False: Discrimination based on pregnancy or maternity is protected under UK law.

A

True.

32
Q

What does ‘racial discrimination’ encompass under the Equality Act?

A

Racial discrimination includes treating someone less favorably because of their race, color, nationality, or ethnic or national origin.

33
Q

What type of discrimination does ‘perceptive discrimination’ refer to?

A

Perceptive discrimination occurs when someone is discriminated against because others think they have a protected characteristic, even if they do not.

34
Q

Fill in the blank: ‘__________ discrimination’ occurs when a policy disadvantages a specific group of people.

A

Indirect.

35
Q

What is the role of the Advisory, Conciliation and Arbitration Service (ACAS) in discrimination cases?

A

ACAS provides advice and support to employers and employees on employment rights and resolving workplace disputes.

36
Q

True or False: An employer can be held liable for the discriminatory actions of their employees.

A

True.

37
Q

What must an employer do if an employee complains of harassment?

A

The employer must investigate the complaint and take appropriate action to address the issue.

38
Q

What is the significance of the ‘reasonable adjustments’ duty?

A

It ensures that disabled individuals have the same access to employment and services as non-disabled individuals.

39
Q

Fill in the blank: The __________ characteristic of ‘sex’ refers to whether a person is male or female.

A

Protected.

40
Q

What does the term ‘discrimination by association’ mean?

A

Discrimination by association refers to treating someone unfairly because of their association with another person who has a protected characteristic.

41
Q

What are the protected acts in relation to victimisation?

A

The Equality Act 2010 defines victimisation and makes it unlawful.

Actions that challenge discrimination are known as “protected acts”. Examples of protected acts include:

  1. Complaining to an employer or business about discrimination
  2. Making a formal discrimination claim
    3.Giving evidence to support a colleague’s discrimination claim
    4.Being a witness in a discrimination court case
42
Q

How do you define Indirect discrimination s19 Equality Act 2010

A

where an employer applies a provision, criterion, or practice (PCP)to people generally

PCP puts people with a particular protected characteristic (eg, race or sex) at a disadvantage

43
Q

Does an employer have to make adjustments in the workplace?

A

An employer has a duty to make to make reasonable adjustments to accommodate a disabled person within the workplace. s39 (5) EA 2010, s20 EA 2010.

44
Q

What is the definition of direct discrimination s13 Equality Act 2010

A

S13 EA 2010 direct discrimination occurs where an individual is treated less favourably due to them having a protected characteristic than a person not holding that characteristic.

45
Q

Requiring an employee to cut their maternity leave short in order to hold their senior position would be direct discrimination s13 EA 2010 unless…

A

Unless it is a proportionate means of achieving a legitimate aim.

The co. Will need to show that there is no reasonable alternative ways to achieve their aim and that the benefits of this aim significantly outweigh the discriminationatory effect.

46
Q

What are some examples of discrimination due to pregnancy and maternity leave? S18 Equality Act 2010

A

Examples of pregnancy and maternity discrimination include:
Demoting an employee
Refusing to promote an employee
Refusing to pay an employee a raise or bonus
Dismissing an employee
Refusing to recruit an employee
Excluding an employee
Refusing to protect an employee’s health and safety
Denying an employee training or promotion opportunities
Changing or removing an employee’s job responsibilities

47
Q

What does s18 Equality Act 2010 pertain to?

A

Section 18
Protects women from discrimination based on pregnancy or pregnancy-related sickness for a two-week period after the end of their pregnancy.

It also protects women from discrimination while on maternity leave, or while exercising or seeking to exercise their maternity leave rights

48
Q

What does s73 of Equality Act 2010 say about maternity leave and the employment contract?

A

Section 73
The maternity equality clause states that if a woman’s employment terms do not include a maternity equality clause, they are to be treated as if they do.

49
Q

Under s18 Equality Act 2010, what is the position if co. Tries to cut short maternity leave?

A

18 Pregnancy and maternity discrimination:
(4)A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave [or a right to equivalent maternity leave].

50
Q

What are the timescale for statutory maternity leave?

A

Statutory Maternity Leave
Eligible employees can take up to 52 weeks’ maternity leave.

The first 26 weeks is known as ‘Ordinary Maternity Leave’, the last 26 weeks as ‘Additional Maternity Leave’.

51
Q

What are the rates and duration for statutory maternity pay?

A

Statutory Maternity Pay (SMP)

SMP for eligible employees can be paid for up to 39 weeks, usually as follows:

the first 6 weeks: 90% of their average weekly earnings (AWE) before tax

remaining 33 weeks: £184.03 or 90% of their AWE (whichever is lower)
Tax and National Insurance need to be deducted.

52
Q

What are the 5 eligibility requirements for statutory maternity pay?

A
  1. Be an employee
    2 Have worked continuously for the same employer for at least 26 weeks, ending with the 15th week before the baby is due
    3 Earn at least £123 a week on average for the 8 weeks before the qualifying week
    4.Give the correct notice and proof of pregnancy (at least 15 weeks b4 due date)
    5.Be on the employer’s payroll in the qualifying week
53
Q

What proof is required to prove pregnancy and get statutory maternity pay?

A

You do not need it for maternity leave.

Within 21 days of your SMP start date give your employer either:

  1. a letter from your doctor or midwife
  2. your MATB1 certificate - doctors and midwives will give you this.

You will not get SMP if you do not give your employer proof that the baby is due.

54
Q

How long is statutory maternity leave?

A

Statutory Maternity Leave is 52 weeks.

It’s made up of:

Ordinary Maternity Leave - first 26 weeks

Additional Maternity Leave - last 26 weeks

55
Q

How long is statutory maternity leave?

A

Statutory Maternity Leave is 52 weeks.

It’s made up of:

Ordinary Maternity Leave - first 26 weeks

Additional Maternity Leave - last 26 weeks

56
Q

Name some rights employees have during maternity leave?

A

They are entitled to 52 weeks of maternity leave.

They are entitled to all their contractual terms and conditions, except for pay, during maternity leave.

They are entitled to 39 weeks of maternity pay if they meet the qualifying conditions.

They have the right to be offered a suitable alternative vacancy if they are at risk of redundancy.

They have the right to ask for changes to their hours, days, or place of work when returning from maternity leave.

57
Q

What is the protected period for pregnancy and maternity discrimination?

A

Time from when a woman becomes pregnant until the end of her maternity leave

If entitled to maternity leave
The protected period ends when the additional maternity leave period ends, or when the woman returns to work.

Additional maternity leave can be up to 52 weeks.

58
Q

What are the main differences between wrongful dismissal and unfair dismissal?

A

Type of claim
Wrongful dismissal is a breach of contract claim

Unfair dismissal is a statutory claim.

Anyone can bring a wrongful dismissal claim, regardless of how long they’ve been employed.

Unfair dismissal claims only available to employees who have worked for the company for at least two years.

Wrongful dismissal claims can be brought in the civil courts or an employment tribunal. Unfair dismissal claims can only be brought in an employment tribunal.
What the tribunal considers
For wrongful dismissal, the tribunal considers whether a breach of contract occurred. For unfair dismissal, the tribunal considers whether the dismissal was fair.
What the employer can use
For wrongful dismissal, the employer can use facts discovered after the dismissal. For unfair dismissal, the tribunal considers what the employer knew at the time of the dismissal.
Compensation
For wrongful dismissal, the employee can claim compensation for financial benefits and other benefits they would have received if they had been dismissed in compliance with the contract. For unfair dismissal, the employee can receive a basic award, compensatory award, or reinstatement.

Discrimination (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions