Legal System 6 - Overriding legal obligations Part 1

Question 1

What is the overarching ethos of the Euqality Act 2010?

Answer 1

Everyone is entitled to be treated fairly

Question 2

The Equality Act 2010 aims to eliminate…

Answer 2

unjustifialbe discrimination and unfair treatment

Question 3

What are protected characteristics under the Equality Act 2010?

Answer 3

Personal chaacteristics that are safeguarded by virtue of the Euqality Act 2010

Question 4

Name the protected characteristics under the Equality Act 2010

Answer 4

• age
• disability
• gender reassignment
• marriage/civil partnerships
• pregnancy/maternity
• race
• religion/beliefs
• sex
• sexual orientation

Question 5

What is prohibited conduct under the Equality Act 2010?

Answer 5

It is behaviour that is unlawful under the Equality Act 2010

Question 6

What is direct discimination under the Equality Act 2010?

Answer 6

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

Question 7

What are the key components of direct discrimination under the Equality Act 2010?

Answer 7

• 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

Question 8

What is indirect discrimination?

Answer 8

It occurs when a:
* policy
* practice
* rule
applies generally but has the effect of adversely impacting those who share a protected characteristic.

Question 9

What is an example of indirect discrimination?

Answer 9

New policy requiring employoees to travel on short notice

–> likely impacts female employees because of childcare responsibilities

Question 10

How can indirect discrimination be justified?

Answer 10

The employer must show that the policy, rule or practice aims to achieve a legitimate aim

Question 11

What is particular about disability discrimination?

Answer 11

The claimant is not reqeuire to compare the treatment they received with the treatment of others with a disability

Question 12

What is harassment?

Answer 12

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

Question 13

What is victimisation under the Equality Act 2010?

Answer 13

A person subjects another person to a disadvantage because they believe that person has done, or will do, a protected act

Question 14

What is a protected act under the Equality Act 2010?

Answer 14

• 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

Question 15

Does a victim of victimisation need to establish that they have a protected characteristic?
Why (not)?

Answer 15

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.

Question 16

What are duties to make ajdustments under the Equality Act 2010?

Answer 16

There is a dute to make reasonable adjustments for disabled persons

Question 17

Is there any positive duty under the Equality Act 2010?

Answer 17

Yes.
There is a dute to make reasonable adjustments for disabled persons

Question 18

A failure to comply with the duty to make reasonable adjustments for disabled persons under the Equality Act 2010 amounts to

Answer 18

discrimination

Question 19

When must reasonable adjustments for disabled persons be made under the Equality Act 2010?

Answer 19

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

Question 20

What are a solicitor’s obligations as a service provider under the Equality Act 2010?

Answer 20

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

Question 21

The Equality Act 2010 applies only when a solicitor provides paid services.

True or false?

Answer 21

False

Question 22

The duty to make reasonable adjustments is … in nature

Answer 22

anticipatory

Question 23

Who is the duty to make reasonable adjustments owed to?

Answer 23

disabled people generally

Question 24

What are unlawful acts against prospective employees under the Equality Act 2010?

Answer 24

Discrimination or victimisation in respect of:
* recruitment arrangements
* declining to offer employment
* terms of employment

Question 25

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?

Answer 25

True

Question 26

Employers must not subject an employee to harassment and must not discriminate against or victimise an employee…

Answer 26

• 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

Question 27

When are employers obliged to make reasonable adjustments for disabled (prosective) employees?

Answer 27

When they know or ought to know that an employee is disable and is likely to suffer a disadvantage.

Question 28

When can an employer be held vicariously liable for unlawful acts of their employees?

Answer 28

Acts committed in the course of employment

Employers may even be liable when they were unaware of or condemned the employee’s conduct

Question 29

What must an employer do to avoid vicarious liability for employees?

Answer 29

They must show that they took reasonable steps to prevent the behaviour (e.g. training)

Question 30

Is positive discrimination allowed under the Equality Act 2010?

Answer 30

Yes, in limited situations

Question 31

When is positive action under the Equality Act 2010 lawful?

Answer 31

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