Equality Act 2010

Question 1

Forms of prohibited conduct listed under Equality Act

Answer 1

1- Direct discrimination
2 - Indirect discrimination
3- Harassment
4 - Victimisation

Question 2

Direct discrimination

Answer 2

Treating someone with a protected characteristic less favourably than others BECAUSE (or partly because) they have protected characteristic

Question 3

Nine protected characteristics under Act

Answer 3

1. Age;
2. Disability;
3. Gender reassignment;
4. Marriage and civil partnership;
5. Pregnancy and maternity;
6. Race;
7. Religion or belief;
8. Sex;
9. sexual orientation.

Question 4

Definition of ‘disability’

Answer 4

Individual has a physical or mental impairment
AND
the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Question 5

Three key components of direct discrimination

Answer 5

V must show:
1) another person would/was treated differently if in same circumstances; AND
2) treatment was less than favourable, but irrelevant whether it was intentional; AND
3) treatment was due, at least in part, to victim’s protected characteristics

Question 6

Indirect discrimination

Answer 6

General policy applying to everyone BUT inadvertently has adverse effected on those sharing protected characteristic.

• justified if policy has a legitimate aim (+ proportionate)

Question 7

How is discrimination arising from disability different from direct discrimination?

Answer 7

Disability discrimination might be easier to make-out since disabled person is not required to compare the treatment they received to others with a disability. Akin to indirect discrimination, but specific category.

Simply show they were treated unfavourably due to their disability.

• justified if policy has a legitimate aim (+ proportionate)

Question 8

Harassment

Answer 8

Either when:
1) person is subjected to unwanted conduct
(a) due to certain protected characteristics (all except pregnancy and marriage)
AND
(b) thereby violating their dignity or creating offensive, hostile environment

OR
2) Person is subjected to unwanted conduct of a SEXUAL NATURE
(b) with the effect of violating their dignity/hostile or creates
degrading/hostile environment
AND
(b) subjected to more favourable treatment had they submitted/not rejected conduct.

Question 9

Victimisation

Answer 9

Disadvantaging person because they believe that person will or has done a protected act. Irrelevant whether person has protected characteristic.

Question 10

List of protected acts

Answer 10

• bringing proceedings under Equality Act;
• giving evidence/info in such.
• Doing anything related to provisions under EA
• whistleblowing (telling on someone whose breached EA provision)

Question 11

Does victimisation require victim’s to have a protected characteristic?

Answer 11

NO - no need to show this!

Question 12

Duty to make adjustments (s.20)

Answer 12

Positive duty to make reasonable adjustments for disabled person out at a substantial disadvantage because of ie. an employer’:

(i) provision, criterion, or practice;
(ii) physical features (ie. lack of wheelchair access);
or (iii) lack of auxiliary aid.

Question 13

Is the duty to make reasonable adjustments reactive or anticipatory?

Answer 13

Anticipatory

Question 14

What does it mean for a duty to be of an anticipatory nature?

Answer 14

Reasonable steps to address certain issue disabled person may raise should be taken regardless of whether they have raised the issue themselves.

Question 15

Do employers owe duty to both prospective and current employees?

Answer 15

Yes

Question 16

When will a firm have failed to comply with their duty to make suitable adjustments for an employee/prospective employee?

Answer 16

ONLY if they fail to make any adjustments after being put on notice (ie. knowing or in circumstances should have known) employee is disabled
AND
likely to suffer a disadvantage as a result.

Question 17

Can an employer be vicariously liable for their employee’s unlawful conduct under the Equality Act?

Answer 17

YES -
Unless successfully show that they took reasonable preventative steps against such behaviour (ie. training session)

Question 18

When might positive discrimination be allowed under Equality Act?

Answer 18

If employer reasonable believed that individual with shared protected characteristic either:

a) suffer disadvantage as a result;
b) have different needs;
c) disproportionately under-represented in that particular activity;
d) Positive action = proportionate way of addressing the situation

Question 19

Can an employer positively discriminate when making recruitment and promotion decisions?

Answer 19

Yes - expressly allowed under s.159.
BUT only appropriate when
ie. two candidates are equally as qualified, and tiebreak is situation arise.