General Principles, Police Powers and Procedures - Diversity Flashcards
What is a long-term impairment?
A person has a disability if they have a physical/ mental impairment and 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 for a police officer include working nights and confrontational duties
The effect of an impairment is long-term if 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 their life
Victimisation - S.27 Equality Act 2010
- a person victimises another person if they subject them to detriment because
- B does a protected act or
- A believes that B has done, or may do, a protected act
A protected act is as follows:
- bringing proceedings under this act
- giving evidence or information in connection with proceedings under this act
- doing any other thing for the purposes or in the connection with this act
- making an allegation (whether or not express) that A or another person has contravened this Act
- giving false information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith
- victimisation does not occur solely in relation to one set of circumstances
- a police constable, who was black African and Nigerian by national origin had not been victimised where his colleagues recorded any problems they encountered with him in their PNBs for fear of a race discrimination claim at some future date
Protected Characteristics - Equality Act 2010
- age
- disability
- gender reassignment
- marriage/ civil partnership
- pregnancy and maternity
- race
- religion/ belief
- sex
- sexual orientation
Harassment under Equality Act 2010
Under s. 26 of the Equality Act 2010:
“ (1) A person (A) harasses another (B) if—
(a) A engages in unwanted conduct related to a relevant protected characteristic, and
(b) the conduct has the purpose or effect of—
(i) violating B’s dignity, or
(ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(2) A also harasses B if—
(a) A engages in unwanted conduct of a sexual nature, and
(b) the conduct has the purpose or effect referred to in subsection (1)(b).”
The behaviour referred to involves unwanted conduct which is related to a relevant characteristic and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or of violating the complainant’s dignity (which is described clearly in this question). In deciding whether conduct has the effect referred to in s. 26(1)(b), the perception of B, the other circumstances of the case and whether it is reasonable for the conduct to have that effect must be taken into account (s. 26(4)).
What is the liability of the police force under s.42 of the Equality Act 2010?
Section 42 of the Equality Act 2010 states:
“ (1) For the purposes of this Part, holding the office of constable is to be treated as employment—
(a) by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable;
(b) by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable.”
This liability is not limited to discrimination by members of staff towards people outside the force; it can include discrimination by members of staff towards people within the force.
The chief officer of police is also vicariously liable for acts of race discrimination by staff under his/her direction and control. The statutory defence that an employer took all reasonable steps to prevent the acts of discrimination complained of is also available to chief officers (s. 109(4))
