Equality Act Flashcards
What is the Equality Act 2010?
It makes discrimination unlawful in connection with protected characteristics when solicitors are:
1. Acting for clients
2. Employing people
3. Acting in partnership
4. Instructing barristers
What obligations does SRA impose on DEI?
- Solicitor must act in a way which upholds trust and confidence
- Solicitors/firms must encourage equality, diversity and inclusion
- Solicitor/firms must not unfairly discriminate
- Firms must monitor, report and publish DEI data
Protected characteristics
- Race
- Religion: established religion or philosophical belief (includes veganism) (this does not include political beliefs)
- Sex
- Sexual orientation
- Age
- Disability: physical or mental impairment that over long-term affects day-to-day activities
- Transgender
- Marriage/civil partnership
- Pregnancy and maternity
What is direct discrimination?
Overtly or obviously treating someone less favourably than the way you treat others because of their protected characteristic
Can direct discrimination ever be lawful?
Only in ONE scenario: age direct discrimination
- age direct discrimination must bee a proportionate means of achieving a legitimate aim
What is positive action?
Taking action to alleviate issues or advantage someone with a protected characteristic
Any positive action must be a proportionate means of achieving the aim of allowing someone with a protected characteristic which gives them a disadvantage to participate
- General action - a firm can take action to alleviate issues suffered by people with protected characteristics which are proportionate
- Recruitment and promotion - can hire someone with a protected characteristic, but only if the person is just as qualified as the other person and the action is proportionate
What are the specific discriminations under EA 2010?
- Disability discrimination
- Gender re-assignment
- Pregnancy and maternal leave - illegal to treat pregnant women and mothers unfavorably at work
What is indirect discrimination?
When a policy or practice is put in place which applies to everyone but adversely affects someone with a protected characteristic
Includes:
- decisions, recruitment practice, selections for redundancy, working from home policies, dress codes
Defence: proportionate means of achieving a legitimate aim
What is victimisation?
Treating someone badly or putting them at a disadvantage or worse position because they have taken action under EA 2010
Do not have to have a protected characteristic to be victimised
What is harassment?
- When someone is subject to unwanted conduct relating to a protected characteristic. The purpose or effect which is to violate B’s dignity or intimidate, be hostile to, degrade, humiliate or make an offensive environment
2.Subjecting someone to unwanted sexual conduct
- to humiliate, degrade or intimidate
- less favourable treatment because of the person’s rejection or submission
How is harassment assessed?
From the perception of the victim, the circumstances of the case and whether it is reasonable for the conduct to have that effect
What is an employers’ duty in relation to harassment?
To take reasonable steps to prevent the sexual harassment of their employees during the course of employment
What is the duty towards disabled people under EA 2010?
A duty to make reasonable adjustments for disabled people if they are at a substantial disadvantage
- reasonable steps to minimise or avoid the disadvantage of a policy
- physical features
- reasonable steps to provide auxiliary aid
What is reasonable depends on the disadvantage and the cost
Cannot pass the costs on to the disabled person
What are the contexts within which a solicitor can breach EA 2010?
- Solicitors to clients
- discrimination and victimisation or harassment
- failing to make reasonable adjustments for disabled clients - Solicitors as employers
- Solicitors as partners
- Instructing or dealing with barristers
What is the limitation period under EA 2010?
6 months of the alleged unlawful conduct
- Must bring a claim in the country courts (or employment tribunal if it is within a work context) within 6 months of the alleged unlawful conduct
What are the remedies available under EA 2010?
- Damages
- Injunction
- Declaration
What does disability under EA 2010 mean?
A physical or mental impairment that affects an individual’s day-to-day living
Nervousness or shyness does not meet this threshold
If there is no disability - law firm does not need to make reasonable adjustments
Example of indirect discrimination (policy or a practice)
A law firm based in London works long hours servicing clients all over the world. There was an unwritten rule that lawyers would be expected to work all hours, including Sundays, and it had a reputation for doing so in the market. A committed Christian recently joined the firm. There was no mention of working on Sundays and it was not explicitly stated in her employment contract. A couple of weeks into the role, she was asked to work on Sunday. She said she could not do so, because of her religion. The law firm has now dismissed her.
- Law firm likely to have breached EA 2010 on grounds of indirect discrimination as this relates to a policy / practice
When is a policy likely to be indirectly discriminatory?
A provision which is discriminatory in relation to a protected characteristic
- which is seemingly applied to everyone ‘equally’ but in fact negatively impacts a person with a protected characteristic
A new dress policy which mandates specific dress standard, excluding any form of headwear.
Does a Muslim employee who regularly wears a hijab have a claim under Equality Act?
Yes, appears to be indirect discrimination
- religion - protected characteristic
- a blanket uniform policy is unlikely to be considered a proportionate means of achieving a legitimate aim
