Equalities Act 2010 Flashcards
How does Equality Act 2010 relate to solicitors?
It places seperate duties on solicitors.
Closely linked with SRA Principles and CC
Does Equality Act 2010 make discrimination unlawful in all contexts?
NO!
It only makes discrimination unlawful in certain contexts (eg provision of legal services and in workplace)
Outside these contexts, e.g. solicitor goes on social media and makes sexist remarks - not unlawful under Equalty Act 2010 as outside those contexts, but breach of of CC Principle 2 and 6.
What are the 9 protected characteristics?
Equality Act 2010
- Race
- Religion and belief
- Sex
- Age
- Disability
- Gender reassignment
- Marriage/civil partnerships
- Pregnancy/maternity
Client is from Morocco and she wants help with divorce. Does not undertand English well, so solicitor asks for a higher price than to her usual charge to other clients because she asked for clearer language. Does this amount direct discrimination?
Yes, this consitutes direct discrimination. Direct discrimination cannot be justified unless its age.
‘Race’ is defined very widely!!!
It includes color, nationality, ethnic originor national origins.
Charging client more because she does not undetand and it would take more time to explain to her is still NOT a justification! There is no justification for direct discrimination.
What are 5 types of prohibited conduct?
Equality Act 2010
- Direct discrimination
- Indirect discrimination
- Disability discrimination
- Victimisation
- Harassement
(1) Direct discrimination
Equality Act 2010: prohibited conduct
A person disrciminates against another because of a protected characteristic, treats him less favourably than would treat others.
No degence for DD save for age: no discrimination if treatement was a proportionate way of achieving a legitimate aim
(2) Indirect discrimination
Equality Act 2010: prohibited conduct
Where conditions are imposed which apply to everyone, but which have the effect of prejudicing members of a particular group.
- provision, criterian or practice which is discriminatory in relation to a relevant protected characteristic
Can justify if a proportionate means of achieving a legitimate aim
Policy/practice put in place which has a universal application but which has an adverse impact on those who share a protected characteristic.
Not apply to pregnancy/maternity, under direct.
Disabled people?
- s.15 discriminates against disabled person: (A) A treats B unfavourably because of smth arising in consequence of B’s disability, and (B) A cannot show that the treatement is a propritonate means of achieving a legitimate aim.
- It does not appply if A shows that A did not know and could not reasonably have expcted to know that B had disability.
- Wider: discrimination to treat less favourobly not only because of their disability, but also discrimination if treated less favourably because of smth arising from it, or in consequence of disability.
Perpatrator must have known or reasonable expected to have known that disabled person had a disability.
Can justify if a proportionate means of achieving a legitimate aim
(3) Victimisation
Equality Act 2010: prohibited conduct
If person is using Act to claim/snitch on someone and punishing person for it = victimisation.
Subjecting B to a detriment because B does a protected act:
* B brings proceedings under Act
* giving info/evidence in proceedings under Act
* making allegation against another for breach of Act.
Victim does NOT need to have a protected characteristic to receive protection from victimisation under Act!
Detriment (eg lack of bonus) because firm believes solicitor may do a prohibited act (make allegations of discrimination)
(4) Harassment
Equality Act 2010: prohibited conduct
When individual is subject to a specific form of unwanted conduct which effect of violating dignnity or creating intimidating enviroment.
Unwanted conduct must:
* relate to a protected characteristic
* be of sexual nature; or
* sexual nature or related to gender reassignment or sex and result in less favourable treatement because of individual’s rejection of or submission to conduct.
Duty to make reasonable adjustments for disabled persons
Posotive duty to take steps
Failure to comply = discrimination.
Provider of legal services = required to anticipate possibility of disabled person using its services and make adjustments, rather than waiting for a particular disabled oerson to ecnounter a problem.
Duty arises even if service provider is unaware that individual is disabled or is likely to be disadvnataged.
Duty to make ‘reasonable adjustments, **not ‘all’ **adjustments
Firm must provide wheelchair access even if none of its current clients are disabled, but it must be a reasonable adjustment.
Is there a duty to make all possible adjustmnets?
NO, duty only to make reasonable adjustments. In assesing whetehr adjustment are reasonable, various factors will be considered, incl:
* costs
* nature of servce
* size of firm
Can someone who does not have a disability/not affected sue a firm that does not provide reasonable adjustments?
e.g. client is able bodied, but wanta to sue a firm because he does not like that firm does not have wheelchair accfess
No, only those affected by failure to make reasonable adjustments can bring a claim.
Client is not affected as they do not have a wheelchair, cannot claim.
Client is a wheelchair user, no wheelchair access to the office so decline to act.
- S.15 Disability Discrimination EA: person discriminates against wheelchair person because of their disability + indirect discrimination because disability is a protected characteristic, and it will have a disproportionate impact on him as compared to other people who can use steps. Universal policy/thing that applies generally, but it disproportionately affects those with disability.
- S.20 & 21 apply: appropriate steps need to be taken place to accommodate people with disability. Anticipatory duty: office must already have wheelchair access.
- Disability discrimination has a standalone cause of action.
- You could try to claim direct discrimination (but you would need to prove comparator so more difficult).
How can solicitor discriminate as a service provider?
Unlawful for service provider to:
* discriminate or victimise
* not providing service
* bad terms
* terminating servuce
* subjecting user to a detrimen
* harass
