Legal System 6 - Overriding legal obligations Part 1 Flashcards
What is the overarching ethos of the Euqality Act 2010?
Everyone is entitled to be treated fairly
The Equality Act 2010 aims to eliminate…
unjustifialbe discrimination and unfair treatment
What are protected characteristics under the Equality Act 2010?
Personal chaacteristics that are safeguarded by virtue of the Euqality Act 2010
Name the protected characteristics under the Equality Act 2010
- age
- disability
- gender reassignment
- marriage/civil partnerships
- pregnancy/maternity
- race
- religion/beliefs
- sex
- sexual orientation
What is prohibited conduct under the Equality Act 2010?
It is behaviour that is unlawful under the Equality Act 2010
What is direct discimination under the Equality Act 2010?
A person is treated less favourably than someone else would have been in the same situation and the difference in treatment is b ecause one of the protected characteristics
What are the key components of direct discrimination under the Equality Act 2010?
- The victim must show that another person was/would have been treated differently in the same circumstances
- The treatment experienced must be less favourable
- The reason for the less favourable treatment must (partly) be because of a protected characteristic
What is indirect discrimination?
It occurs when a:
* policy
* practice
* rule
applies generally but has the effect of adversely impacting those who share a protected characteristic.
What is an example of indirect discrimination?
New policy requiring employoees to travel on short notice
–> likely impacts female employees because of childcare responsibilities
How can indirect discrimination be justified?
The employer must show that the policy, rule or practice aims to achieve a legitimate aim
What is particular about disability discrimination?
The claimant is not reqeuire to compare the treatment they received with the treatment of others with a disability
What is harassment?
A person is subjected to unwanted conduct that relates to certain protected characteristics
and
the unwanted conduct violates the victim’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person
What is victimisation under the Equality Act 2010?
A person subjects another person to a disadvantage because they believe that person has done, or will do, a protected act
What is a protected act under the Equality Act 2010?
- bringing proceedings under the Equality Act
- giving evidence or information in proceedings brought under the Equality Act
- doing anything that is related to the provisions of the Equality Act
- alleging that anotherh person has done something in breach of the Equality Act
Does a victim of victimisation need to establish that they have a protected characteristic?
Why (not)?
No.
The less favourable treatment occurs due to that person (potentially) doing a protected act. There is no discrimination because of any protected characteristics, but rather because of (potential) protected actions.
What are duties to make ajdustments under the Equality Act 2010?
There is a dute to make reasonable adjustments for disabled persons
Is there any positive duty under the Equality Act 2010?
Yes.
There is a dute to make reasonable adjustments for disabled persons
A failure to comply with the duty to make reasonable adjustments for disabled persons under the Equality Act 2010 amounts to
discrimination
When must reasonable adjustments for disabled persons be made under the Equality Act 2010?
To prevent a disabled person being put at a substantial disadvantage because of:
* a provision, criterion or practice
* a physical feature
* lack of provision of an auxiliary aid
What are a solicitor’s obligations as a service provider under the Equality Act 2010?
Prohibition to:
* discriminate against or victimise a client or prospective client in respect of terms of service
* discriminate against or victimise a client by terminating services provided to a client
* discriminate against or victimise a client by subjecting the client to any other detriment
* harass a client/prospective client
The Equality Act 2010 applies only when a solicitor provides paid services.
True or false?
False
The duty to make reasonable adjustments is … in nature
anticipatory
Who is the duty to make reasonable adjustments owed to?
disabled people generally
What are unlawful acts against prospective employees under the Equality Act 2010?
Discrimination or victimisation in respect of:
* recruitment arrangements
* declining to offer employment
* terms of employment
A firm refuses to accept applications from people of a particular age group for no objectively justifiable reason.
This is an unlawful act against prospective employees.
True or false?
True
Employers must not subject an employee to harassment and must not discriminate against or victimise an employee…
- as to the terms of employment
- with respect to opportunities for promotion, transfer or training
- for receiving any other benefit, facility or service
- by dismissing the employee
- by subjecting the employee to any detriment
When are employers obliged to make reasonable adjustments for disabled (prospective) employees?
When they know or ought to know that an employee is disabled and is likely to suffer a disadvantage.
When can an employer be held vicariously liable for unlawful acts of their employees?
Acts committed in the course of employment
Employers may even be liable when they were unaware of or condemned the employee’s conduct
What must an employer do to avoid vicarious liability for employees?
They must show that they took reasonable steps to prevent the behaviour (e.g. training)
Is positive discrimination allowed under the Equality Act 2010?
Yes, in limited situations
When is positive action under the Equality Act 2010 lawful?
The firm reasonably believes that someone with a protected characteristic:
* suffers a disadvantage connected to the characteristic; or
* has different needs; or
* is disproportionately underrepresented in respect of a particular activity
and
- the positive action taken by the firm is a proportionate way of redressing the situation
