Employment Law intro Flashcards

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0
Q

Era 1996=

A

Consolidating act & unified - UD industrial relation

RO - redundancy payments act 1965

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1
Q

Quiz q - what did we agree in tp1

A

A consolidating act - is so called prior to its enactment , each type of claim in that area of law was covered by its own act

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2
Q

But what act United the separate acts for each type of discrimination such as the

A

Sex discrim act 1925
Race relations act 1976
Disability discrim act 1995

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3
Q

Equality act 2010 replaced which acts?

A

Sex discrim act 1925
Race relations act 1976
Disability discrim act 1995
Equal pay act

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4
Q

Also replaced?

A

Regulations concerned with stoppping discrim on the groined of age , religion or belief and sexual discrim

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5
Q

What does ea also do

A

Protects people from discrim is assoc with someone who has 1 I’d pcharc ( worker cares for disabled child) & protecred by the perception - discrim rah even if not

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6
Q

Act also do 3

A

Protects people from discrim in relation 2 9 protected characreeiscs

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7
Q

Act also 4

A

Tries to reconcile potential conflict btw protecting rel- and protecred les gah transgender form such discrim

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8
Q

How do we satisfy def of discrim against someone if we treat them less favorably in respect of 1 or more of a list of 9 aspect

A

Q is what is less favorable treatment

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9
Q

What is the answer to that

A

Less fav = prohib conduct

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10
Q

What are the 9 aspects known as

A

Protecred characteristics

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11
Q

For which 1 of the following reasons can we bring a discrim claim

A

Our looks including our size
Our age
Our personality

Our age

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12
Q

How many of ouch can we name

A
Age 
Disability 
Gender reassignment 
Marriage and civil o 
Pregnancy and maternity 
Race 
Religion or belief 
Sex and sexual orientation
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13
Q

Discover in lec- a certain period of ce is not an eligibility req to claim discrim spans with wrongful dismissal -

A

We can bring a discrim claim on our 1 st day st work but can we bring a discrim claim

Before our employment has begun
After our emolument has ended

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14
Q

What about this?

A

You can bring claim 1st day of work for discrim not ce- yes to both

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15
Q

When might we bring claim b4

A

If for e.g we believe the reason we were unsuccessful in our job aopl is be the job adv made it clear the employee wanted someone of a diff gender

16
Q

What is meant if we might bring after employment ended

A

Eg we feel we have been unsuccessful in our search ofr a new job bc our previous employer has written ya terrible reference bc our religious beliefs

17
Q

If acting for an employer we should?

A

Advise it to be extemely careful about the wording it chooses for job ads

18
Q

What does act 5 say

A

Employer should also be careful about where it places a job ad

19
Q

What about this act

A

On the many potential pitfalls employers fade when conducting apparently straightforward task of writing and placing job ad

20
Q

We hVe to decide on which of 9 pchs listed in?

A

S4 ea on unsuccessful application for the job might base a claim

21
Q

What 1st?

A

The employer publishes a job as on social media asking for dynamic and energetic individuals to apply

22
Q

The employer publishes a job as on social media asking for dynamic and energetic individuals to apply what is the answer to this

A

Older people - bring claim- age

  • less likely to look on social m than younger
  • argue req 4 applicants to be dynamic and energ could be perceived old people may as well not apply
23
Q

The employer pubclishes a job ad stating that applicants below 6ft talk need to apply

A
  • height not amongst 9 pcs listed in s4 ea
  • females might bring claim based on och of sex
    -star show up 6ft than females
    Females could inspects as indies fly admitting make applicants preferred
24
Q

3a the employer publishes job as asking for aplicanrs who are prepared to work v long hours

A
  • females might bring claim sex
    Singles mothers I world more realms that single father
  • so req long he’s - indirectly admitting male app prefreee
25
Q

General principles of U.K. discrim law?

A

Led many U.K. employees to suggest ea make point at which el pending- began back 1960 agreed in 2 favor employer found in fack our of employee

26
Q

Those general pendunlum - are as follows m?

A
  • discrim claim does not even need to be an employee be a worker not use an employee can bring a discrim claim

Recall - only an employee can bring any or all 3 claims - namely wd - ud and r p

Unlike the era - the ea permits any worker to bring a claim

Re discrim law claims there Is therefore no need for ya to apply case law as ready mixed concerted to establish whether a claimant is an employee

27
Q

So what do you not need to be

A

An employee - to bring a discrim claim - just need to be a worker

28
Q

What does it underline

A

Underlined the important of the ongoing he really driver gig economy case