Legal Services

Question 1

Characteristics Protected by the Equality Act 2010

Answer 1

Race
Religion
Sex
Sexual orientation
Age
Disability
Gender assignment
Marriage/civil partnership
Pregnancy and maternity

Question 2

Forms of discrimination

Answer 2

Direct discrimination
Indirect discrimination
Disability discrimination
Victimisation
Harassment

Question 3

Duty to make adjustments

Answer 3

EA 2010 places a duty on establishments to make reasonable adjustments for people with disabilities. This duty comprises of : Provision, criterion/practice (reasonable steps must be taken to avoid disabled people being put at a disadvantage in comparison to those who are not); Physical features; Provision of auxiliary aid

Question 4

Solicitors as Service Providers

Answer 4

Unlawful behaviour (not providing service; terms of service provided; terminating service provision; subjecting user to any detriment; harassing the user)
Vicarious Liability: Firm is held vicariously liable for acts committed by employees in the course of their employment . Defence - firm took reasonable steps to prevent this
making adjustments: take reasonable steps to avoid a disadvantage to disabled people and doing so at the earliest opportunity (preventative measure)
Making a claim: initially burden of proof lies with the claimant to show prima facie case of discrimination. Once this can be inferred, the burden shifts to the defendant