Discrimination Flashcards
The Equality Act 2010 recognises four kinds of discrimination: List.
Direct Discrimination
Indirect Discrimination
Victimisation
Harassment
Where in the Equality Act 2010 does it outline characteristics for Direct Discrimination?
Section 4 of the Equality Act 2010 identifies a number of distinctive characteristics to consider.
What are the Nine Protected characteristics?
Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation
What is Sheila Byrne’s definition of ‘Indirect Discrimination’?
“Indirect discrimination arises when there is a rule or policy in place that applies to everyone, but disadvantages a person with a protected characteristic.”
(Sheila Byrne - Applied Business Law 3e p.219)
Where in the Equality Act 2010 does it outline Indirect discrimination?
Section 19 of the Equality Act 2010
What is Sheila Byrne’s definition of ‘Victimisation’?
“discrimination against someone because they made or supported a complaint under the Equality Act […] being penalised for the previous conduct.”
(Sheila Byrne - Applied Business Law 3e - p.219)
Where in the Equality Act 2010 does it outline Victimisation?
Section 27 of the Equality Act 2010
What is Sheila Byrne’s definition of ‘Harrassment’?
“any unwanted conductrelated to a protected characteristic which has the effect of creating an intimidating, hostile, degrading or offensive environment”
(Sheila Byrne - Applied Business Law 3e - p.220)
Where in the Equality Act 2010 does it outline ‘Harassment’?
Section 26 of the Equality Act 2010
Harrassment does not have to be intentional. What three factors will be considered in a claim of harrassment?
The perception of the recipient;
The other circumstances of the case; and
Whether it is reasonable for the conduct to have that effect
What defence is there to a direct discrimination claim?
Schedule 9 of the Equality Act 2010 an employer can avoid a claim of direct discrimination if it can be shown that certain characteristics are central to a particular job, i.e. an occupational requirement.
What defence is there to age discrimination?
Name the leading case.
It will not be age discrimination to dismiss someone who has reached the age of 65 and refuses to retire, provided the employer has legitimate grounds for seeking his retirement. See leading case:
Seldon v Clarkson Wright and Jakes (2012)
