Equality

Question 1

Sources Of Protection
From Discrimination
Equality Act 2010
Code B Paragraph 3.1A PACE 1984
3 prohibited actions

Answer 1

3 Prohibited Actions
It is unlawful for a police officer when exercising their powers
- to either:
* Discriminate against;
* Harass; or
* Victimise
..any person on the grounds of their protected
characteristics.

Question 2

Discrimination Must Be Based
Upon A Protected Characteristic

Answer 2

Liability under discrimination law will not be established
purely by an act of discrimination, victimisation or
harassment of itself.
The discriminative effect must be based upon (i.e.
because of) a person’s protected characteristic.

Question 3

List Of Protected Characteristics

Answer 3

• Disability
• Gender reassignment
• Marriage and civil partnership
• Race
• Religion and belief
  . Sex
• Sexual orientation

Question 4

Age
Section 5 Equality Act 2010

Answer 4

Definition Of Age?
Age relates to
a person belonging to
a particular age group.
— for example the age group of “over 60s”

Age - Exceptions
The Equality Act 2010 (Age Exceptions) Order 2012 —
provides a limited number of exceptions
in which age discrimination
is permitted.
— e.g. positive action measures, private clubs etc.

Question 5

Disability
Section 6 Equality Act 2010

Answer 5

Definition Of Disabled
A person will be disabled
where
2 steps
are both satisfied.

Step 1
They have either a:
* Physical impairment; or
* Mental impairment.

step 2
The impairment has a:
* Substantial; and
* Long term
adverse effect on their ability to carry out normal
day to day activities.

Normal Day To Day Activities Of
A Police Officer?
Normal day to day activities will include:
* Confrontational activity; and
* Working nights.

Examples Of Impairments
Physical disabilities - e.g. a chronic back injury.
Sensory disabilities - e.g. blind, deaf etc.
Illnesses - e.g. HIV infection, MS, Cancer etc.

The Impairment Must Be Of A
Long Term Nature
The impairment will be long term where either:
* It has lasted for at least 12 months;
* It is likely to last for at least 12 months; or
* It is likely to last for the rest of the person’s life.

Question 6

Gender
Reassignment
Section 7 Equality Act 2010

Answer 6

Definition Of Gender
Reassignment
The charactenstlc of gender reassignment will apply to persons who
either:
* Stage 1 - Are proposing to undergo a process;
* Stage 2 - Have undergone a process; or
* Stage 3 - Has undergone part of a process
..for the purpose of reassigning the person’s sex…

.by changing either:
* Physiological; or
* Other attributes
Of their sex.

Question 7

Marriage & Civil
Partnership
Section 8 Equality Act 2010

Answer 7

Definition Of Marriage & Civil
Partnership
Applies to a person who is either:
* Married - (This now includes both heterosexual and
same sex marriages); or
* A civil partner.

Question 8

Race
Section 9 Equality Act 2010

Answer 8

Definition Of A Racial Group
Persons Will belong to a racial group If they share characteristics of
either:
* Colour;
* Nationality - (membership of a nation — e.g. Scottish, English etc.);
* National origins (citizenship acquired at birth); or
* Ethnic origins - (includes caste).

Definition Of An Ethnic Group
“Ethnic group” is a broad definition which may include
any group with a shared:
* Culture; or
* History.

Examples Of Ethnic Groups
* Sikhs - Mandia v Dowel/ Lee [19831 2 AC 548
* Jews Seide v Gillette Industries Ltd (19801 IRLR 427
* Romany gypsies – CRE v Dutton (19891 QB 783
* Irish travellers — O’Leary v Allied Domecq Inns Ltd (CL950275 July 2000)

Question 9

Religion or Belief
Section 10 Equality Act 2010

Answer 9

Religion
The definition includes
any religion
or
lack of religion

Belief
Means any
Religious belief
or
philosophical belief
or
lack thereof.

Status Of Religious
Denominations
Denominations within a religion
will constitute
individual religious groups
in their own right.
e.g. Protestants and Catholics within the faith of
Christianity.

Question 10

Sex
Section 11 Equality Act 2010

Answer 10

Definition
The protected groups under sex - include the groups
of:
* Men; and
* Women.

Equal Pay Between The Sexes
Men and women shall be paid equal pay for:
* Like work;
* Work related as equivalent; or
* Work of equal value.

Question 11

Sexual Orientation
Section Il Equality Act 2010

Answer 11

Definition
Sexual orientation includes orientation towards:
* Persons of the same sex - (gay / lesbian);
* Persons of the opposite sex - (heterosexuals);
* Persons of either sex - (bisexual).

Question 12

4 FORMS OF DISCRIMINATION

Answer 12

• Direct discrimination;
• Indirect discrimination;
• Harassment; and
• Victimization.

Question 13

DIRECT DISCRIMINATION

Answer 13

Definition Of Direct
Discrimination
Direct discrimination can best be summarised as:
* One person being treated less favourably than
another person - (i.e. disadvantaged); and
* The reason for their less favourable treatment was
based upon their membership of a protected group
(race, sex etc).

Associative Discrimination
A person is treated less favourably on the basis of their
association with a protected characteristic.
For example - a non-disabled parent being treated less
favourably because of their caring responsibilities for
their disabled child (who will belong to a protected
group).

Direct Discrimination By
Perception
Direct discrimination can occur if a person is treated
less favourably because they are perceived to belong
to a protected group - (to which they do not in fact
belong).
For example direct discrimination will occur if A is
treated less favourably by B because B perceives that A
is homosexual whereas in reality B is heterosexual.

Question 14

Direct Discrimination
Arising From Disability
Section 15 Equality Act 2010
2 steps

Answer 14

Step 1
They treat the disabled person unfavourably —
because of something arising
in consequence of their disability.

step 2
They cannot show
that the unfavourable treatment
is a proportionate means
of achieving a legitimate aim.

Defence
They both:
* Did not know - i.e. - were not subjectively aware; and
* Could not have reasonably been expected to know - i.e.
- objective reasonable person test
.that the person was suffering from a disability.

Question 15

Reasonable
Adjustments For
Disabled Persons
Section 20 Equality Act 2010
3 duties

Answer 15

Duty 1 - Change The Way Things
Are Done
Where a provision, criterion, or practice
puts a disabled person
at a substantial (more than minor) disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to avoid the
disadvantage.

Duty 2 - Changing The Physical
Surroundings
Where a physical feature
puts a disabled person
at a substantial (more than minor) disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to avoid the
disadvantage.

Duty 3 - Providing Aids
Where a disabled person would, but for the provision
of an auxiliary aid,
be put at a substantial (more than minor)
disadvantage
in relation to a relevant matter in comparison with
persons who are not disabled
to take such steps as are reasonable to provide the
auxiliary aid.

Test To Determine Whether
Reasonable Steps Have Been Taken
To Make A Reasonable Adjustments?
This is an objective test
— which will depend on the facts of each case

Consequences Of Failing To Take
Steps To Make A Reasonable
Adjustment?
A failure
will constitute an act of discrimination
against the disabled person.

Question 16

Direct Discrimination
Arising From Gender
Reassignment
Section 16 Equality Act 2010

Answer 16

A person will directly discriminate against a transsexual
person whose is absent from work - because they either:
* Are proposing to undergo;
* Are undergoing; or
* Have undergone
gender reassignment..

.if they treat their absence less favourably than they would if
their absence was caused by either:
* Sickness;
* Injury; or
* Some other reason
.and it is not reasonable for them to be treated less
favourably.

Question 17

Direct Discrimination
Due To Pregnancy
Section 17 Equality Act 2010
2 categories

Answer 17

Category 1
A person will directly discriminate
against a woman
if they take either of 2 actions.

Action 1
They treat her unfavourably
because of
her pregnancy.

Action 2
They within 26 weeks of the date she gives birth to either:
* Alive baby; or
* A post 24 week pregnancy stillborn baby
.they treat her unfavourably because she has given birth
- (e.g. treating her unfavourably because she is
breastfeeding).

Category 2
A person will directly discriminate
against a woman
if they treat her unfavourably
because of any of 3 reasons.

Reason 1
Because of either:
* Her pregnancy; or
* A pregnancy related illness
during her protected period.

Reason 2
Because of the fact
that she is on
compulsory maternity leave.

Reason 3
Because she either:
. Is.
* Is seeking to;
* Has; or
* Has sought to
…exercise her right to either:
* Ordinary maternity leave; or
* Additional maternity leave.

Question 18

INDIRECT DISCRIMINATION

Answer 18

Indirect Discrimination
— Simple Definition
A rule
which applies to everybody
- but disproportionately disadvantages
members of a group with a protected characteristic.

Step 1
A person or organisation applies equally a:
* Provision;
* Criterion; or
* Practice.

step 2
That provision, criterion or practice
puts people in the protected group
at a disadvantage
when compared to others.

Step 3
Their protected characteristic
makes them less able to comply
with the condition etc.

Step 4
The organisation or person
cannot show their actions
to be a proportionate means
of achieving a legitimate aim.

Question 19

Harassment
Section 26 Equality Act 2010
3 forms

Answer 19

Form 1
A person harasses another if they
engage in unwanted conduct
relating to a relevant protected characteristic
and the conduct has either the:
* Purpose - (i.e. intention); or
* Effect - (i.e. result)
.0f either of 2 consequences..

Consequence 1
Violating the person’s dignity.

Consequence 2
Creating an environment that is either:
* Intimidating;
* Hostile;
* Degrading;
* Humiliating; or
* Offensive.

Form 2
A person harasses another if
they engage in unwanted conduct (e.g. verbal remarks,
written comments or physical contact) of a sexual nature
and the conduct has either the:
* Purpose - (i.e. intention); or
* Effect - (i.e. result)
of either of the same 2 consequences.

Form 3
A person harasses another
If they engage in unwanted conduct that is either:
* Of a sexual nature;
* Related to gender reassignment; or
* Related to sex
-and the conduct has either the:
* Purpose (i.e. intention); or
* Effect - (i.e. result)
..of either of the same 2 consequences…

…and because of the victim’s:
* Rejection of the conduct; or
* Submission to the conduct
…the perpetrator treats the victim less favourably than they
would have done so — had they not either:
* Rejected; or
* Submitted to
.the conduct.

Question 20

Victimization
Section 27 Equality Act 2010

Answer 20

Definition Of Victimization
A person (A) victimises another person (B) - if A subjects B to a
detriment because either:
* B does a protected act - (i.e. currently);
* A believes that B has (already) done a protected act; or
* A believes that B may do a protected act — (in the future).

Victimisation — Put Simply
Discriminating against a person because they have either:
* Made themselves; or
* Supported another’s
complaint under the Equality Act 2010.

Question 21

Protected Acts
4 categories

Answer 21

Protected Act 1
The victim having
brought proceedings
against
any person under the act.
(i.e. they have made a claim themselves)

Protected Act 2
The victim having
given
evidence or information
in connection with proceedings under the act.
(e.g. supported another person’s claim)

Protected Act 3
The victim having
otherwise done anything
for the purposes of
or
in connection with
the act.

Protected Act 4
The victim having
alleged that
any person
has done anything
which would amount to
a contravention of the act.

Question 22

Who Does The Burden
Of Proof Rest Upon To
Prove Discrimination?
2 burdens

Answer 22

Complainant’s Initial Burden
The complainant
initially bears the burden
to establish facts
from which discrimination can be presumed.

Respondent’s Subsequent Burden
Once the complainant has discharged their burden
— the burden shifts onto the respondent
to rebut the complaint.

Question 23

Defence 1
Genuine Occupational Requirements

Answer 23

Certain jobs
make it necessary
to appoint individuals
who have a certain protected characteristic
- to the detriment of those groups
who do not share such a protected characteristic.

Question 24

Defence 2
Positive Action
Section 158 Equality Act 2010

Answer 24

Purpose?
Designed to tackle under representation
within an organisation
of a group sharing a protected characteristic
— via taking proportionate positive action
to redress the balance.

Example 1
Targeted recruitment campaigns
for under-represented groups.

Example 2
Offering additional support or training to
underrepresented groups either:
* Prior to recruitment; or
* Following recruitment to facilitate progression.

Example 3
Where 2 candidates are equally qualified for
appointment or promotion
— the protected characteristic of one of the individuals
can be taken into consideration
to place them in a preferential position.

Question 25

Vicarious Liability Of
Employers
Section 109 Equality Act 2010

Answer 25

When an employee carries out an act of either:
* Discrimination;
* Harassment; or
* Victimisation
during the course of their employment (NB this
includes work related functions) - the following will be
liable..

Category 1
The employee.

Category 2
Their:
* Employer; or
. principal
.will also be vicariously liable in such
circumstances…

.irrespective of whether they either:
* Knew; or
* Approved
of their employee’s actions — unless the employer
can prove that they took all reasonable steps to
prevent their employee from acting unlawfully.

Question 26

Public Sector
Equality Duty
Section 149 Equality Act 2010

Obligations When
Discharging Powers &
Procedures Under The
Codes Of Practice
Code C Paragraph 1

Answer 26

Both the:
* Powers; and
* Procedures
under the Codes…

must be used:
* Fairly;
* Responsibly;
* With respect; and
* Without unlawful discrimination.

Question 27

Equality Act 2010
(Specific Duties And
Public Authorities)
Regulations 2017

Answer 27

Public bodies are under a duty to publish:
*Equality information;
*Equality objectives - (at intervals of no
greater than 4 years); and
*Gender pay gap information.

Question 28

Objectives Of The
Public Sector
Equality Duty?

Answer 28

Public bodies (including the police) — are obliged
to contribute to the advancement of:
* Equality; and
* Good relations
in order to prevent institutional discrimination
against those with protected characteristics.

Question 29

When Should Public
Bodies Considered
Such Objectives?

Answer 29

Public bodies (including the police) should consider
advancing such objectives in their day-to-day operations
- when:
* Designing;
* Delivering; and
* Reviewing
. both:
* Policies; and
* The delivery of services.

Question 30

Duties Under The
Public Sector Equality
Duty
Code C Paragraph 1
Section 149 Equality Act 2010

Answer 30

Under the
Public Sector Equality Duty
— police forces must,
in carrying out their functions,
have due regard to the
need to discharge
3 duties.

Question 31

Duty 1 — Eliminate
Discrimination

Answer 31

The need to eliminate:
* Unlawful discrimination;
* Unlawful harassment;
* Unlawful victimization; and
*Any other conduct prohibited by the Equality
Act 2010.

Question 32

Duty 2 — Advance
Equality Of
Opportunity

Answer 32

The need to advance equality of opportunity
between:
* People who share a relevant protected
characteristic: and
* People who do not share a relevant protected
characteristic
.having due regard to the need to..

Obligation 1
Remove or minimise
disadvantage
suffered by persons
who share a
relevant protected characteristic
that are connected to
that characteristic.

Obligation 2
Take steps to meet the needs
of persons who
who share a
relevant protected characteristic
that are different
from the needs of
persons who do not share it.

Obligation 3
Encourage
persons who
who share a
relevant protected characteristic
in public life or in any other activity
in which participation by such persons is
particularly low.

Question 33

Duty 3 — Foster Good
Relations

Answer 33

The need to foster good relations between:
* People who share a relevant protected
characteristic; and
* People who do not share a relevant protected
characteristic

Question 34

Having Due Regard
To The 3 Duties
— The 6 Brown Principles
R (On The Application Of Brown) v Secretary Of
State For Work & Pensions [2008] EWHC 3158
Admin

Answer 34

Principle 1

Any person
within a public body
who will make decisions affecting
persons with protected characteristics
must be made aware
of their obligation
to have due regard
to the 3 duties.

Principle 2

Due regard is a conscious approach…
.which should be considered
at the point of formulatinq
any policy that will or might affect
persons with protected characteristics…
..as well as at the time the decision is taken.
— i.e. not considered retrospectively
after taking the decision.

Principle 3

The duty
must be
exercised rigorously,
with an open mind,
in a way that
influences the final decision.

Principle 4

The duty
cannot be delegated
and the duty
remains
the ultimate responsibility
of the body subject to the duty.

Any third party
fulfilling a policy on behalf of
a public body,
must be capable of discharging
the due regard obligation…
.and the public body
will be obliged to properly supervise
the third party’s
discharge of the obligation.

Principle 5

The duty
is continuous
in nature.

Principle 6

It will be good practice
for public bodies
to keep accurate records
displaying their consideration
of the equality duty
and the decision-making process.