Equality Act 2010

Question 1

What does the Equality Act 2010 establish?

Answer 1

Establishes a number of protected characteristics and defines prohibited conduct

Question 2

What are the protected characteristics under the Equality Act 2010?

Answer 2

Race
Religion and belief
Sex
Sexual Orientation
Age (can be justified in certain circumstances)
Disability
Gender reassignment
Marriage / civil partnership
Pregnancy and maternity

Question 3

What is direct discrimination under the EA 2010?

Answer 3

A person is treated less favourably than someone who did not have the protected characteristic.

Question 4

What are the 3 elements to the definition of direct discrimination?

Answer 4

-comparator
- less favourable
- protected characteristics

Question 5

What is indirect discrimination under the EA 2010?

Answer 5

When a policy or practice is put in place which prejudicies a group with a protected characteristic.

Question 6

The elements for discrimination under the EA 2010 is
- comparator
-less favourable
- protected characteristics

TRUE OR FALSE

Answer 6

No comparator needed

Question 7

What is victimisation under the EA 2010?

Answer 7

When a person defends / provides evidence in relation to a claim under the EA 2010 and is then treated less favourably.
DOES NOT NEED PROTECTED CHARACTERISTICS

Question 8

What is harassment under EA 2010?

Answer 8

A person is subject to unwanted conduct which:
- Relates to a protected characteristic
- is sexual in nature
or
- related to gender reassignment and results in less favourable treatment.

Question 9

A disabled person must be at ‘substantial disadvantage’. What does substantial mean?

Answer 9

More than minor or trivial -> threshold relatively low

Question 10

How has vicarious liability for the unlawful solicitor to discriminate against or harass a client?

Answer 10

Firm may be held vicariously liable, there is a defence that if the firm took steps that were reasonable to prevent the act before it took place

Question 11

Does a firm need to make adjustments to the building even if they no disabled clients?

Answer 11

Yes, Act required to anticipated the possibility of a disabled person using the service

Question 12

How can a client make a claim for the service provided?

Answer 12

At the County Court, there is no limit on the damages. Must be the person t

Question 13

Where can an employee or prospective employee can a claim?

Answer 13

Employment Tribunal

Question 14

S159 applies where an employer can treat a person with protected characteristics more favourably than others only if they are ..

Answer 14

as qualified as the others