Lesson 1 Flashcards

1
Q

Definition of equality

A

the state of being equal (the same) in value, status, treatment, rights and opportunities.

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2
Q

Definition of discrimination

A

the unfair, unjust or prejudicial treatment of a person due to a characteristic they possess, or the refusal to give a person their rights because they possess a certain characteristic.

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3
Q

Definition of protected characteristics

A

personal characteristics protected by discrimination law.

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4
Q

Why cant a protected characteristic be used as a reason to treat someone less favourably?

A

It is against the law to discriminate against someone because of a protected characteristic

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5
Q

What are the nine protected characteristics?

A
  • age
  • disability
  • race
  • religion or belief
  • sex
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • sexual orientation
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6
Q

definition of age

A

a person belonging to a particular age or within a particular age range.

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7
Q

definition of disability

A

a person who has a physical or mental impairment.

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8
Q

definition of race

A

a person’s colour, nationality (including citizenship), ethnic or national origins.

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9
Q

definition of religion/belief

A

religious or philosophical beliefs, including lack of religion or belief, that affect a person’s life choices and the way they live.

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10
Q

definition of sex

A

whether a person is, or is not, a particular sex.

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11
Q

definition of gender reassignment

A

a person transitioning/transitioned from one sex to another.

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12
Q

definition of marriage and civil partnership

A

a union between two people that has been legally recognised.

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13
Q

definition of pregnancy and maternity

A

a person who is pregnant; also protected for 26 weeks after giving birth.

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14
Q

definition of sexual orientation

A

a person’s sexual attraction toward their own sex, the opposite sex, or both sexes.

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15
Q

What are the 3 key pieces of legislation that relate to the principles of equality?

A

Employment Rights Act 1996
Human Rights Act 1998
Equality Act 2010

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16
Q

What does the Employments Rights Act 1996 set out?

A

the rights of workers in the UK

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17
Q

What does the Employment Rights Act 1996 ensure?

A

A contract of employment be provided outlining key information such as:
- job title
- wage
- hours of work
- employment duration (if applicable)
- probation period
- training
- paid leave and other benefits.

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18
Q

Who should sign the contract of employment?

A

both the employer and the employee.

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19
Q

What provisions does the Employment Rights Act 1996 contain?

A
  • Disclosure of information
  • Rest breaks
  • Parental leave
  • Time off
  • Flexible hours
  • Payslips
  • Notice of dismissal
  • Unfair dismissal
  • Redundancy payments
  • Employer insolvency
  • Whistle-blowers
  • Study and training
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20
Q

Explain the provision - disclosure of information

A

employees may not disclose any private or confidential information to a third party

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20
Q

Explain the provision - rest breaks

A

formal entitlement to daily and weekly rest breaks – a break of at least 20 minutes for people who work over six hours

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21
Q

Explain the provision - parental leave

A

up to 52 weeks of maternity/adoption leave and a minimum of a week of paternity leave. Parental bereavement leave is also covered

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22
Q

Explain the provision - time off

A

the right to receive leave for public duties, such as serving as a justice of the peace

23
Q

Explain the provision - flexible hours

A

the right of employees to request flexible hours

24
Explain the provision - payslips
itemised payslips for all workers specifying hours worked and the pay rate for those hours
25
Explain the provision - notice of dismissal
advance notice from employers for dismissal; reasonable notice periods for employees
26
Explain the provision - unfair dismissal
employers must provide a fair reason for constructive dismissal
27
Explain the provision - redundancy payments
entitlement to redundancy pay if an employee has worked for that employer for at least two years
28
Explain the provision - employer insolvency
if an employer has become bankrupt, employees will be compensated.
29
Explain the provision - whistle-blowers
protection of whistle-blowers by allowing them to claim unfair dismissal if they lose their job based on their disclosure
30
Explain the provision - study and training
the right to request further study or training in relation to their employment
31
What does the Human Rights Act 1998 set out?
the fundamental and basic rights and freedoms that everyone in the UK is entitled to, from birth until death.
32
Who is required to respect and protect your human rights?
all public and other bodies carrying out public functions
33
What provisions does the Human Rights Act 1998 contain?
- Right to life - Freedom from torture - Freedom from slavery and forced labour - Right to liberty and security - Right to a fair trial - No punishment without law - Respect for private and family life, home and correspondence - Freedom of thought, belief and religion - Freedom of expression - Freedom of assembly and association - Right to marry and start a family - Protection from discrimination in respect of these rights and freedoms
34
Explain the provision - right to life
no one should be deprived of their life intentionally; the use of force should be no more than absolutely necessary.
35
Explain the provision - freedom from torture
no one should be subject to torture or inhuman or degrading treatment or punishment
36
Explain the provision - Freedom from slavery and forced labour
no one should be held in slavery or servitude, or be required to perform forced or compulsory labour.
37
Explain the provision - Right to liberty and security
no one should be deprived of their liberty. Everyone who is arrested shall be informed promptly, in a language they understand, of the reasons and any charge.
38
Explain the provision - Right to a fair trial
everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to the law.
39
Explain the provision - No punishment without law
criminal offences are required to be constituted under national or international law at the time they were committed.
40
Explain the provision - Respect for private and family life, home and correspondence
there shall be no interference in these things by a public authority unless necessary in the interests of national security, public safety, prevention of crime or the protection of health, morals, rights and freedoms of others
41
Explain the provision - Freedom of thought, belief and religion
everyone is entitled to manifest, teach, practise or observe their thoughts and beliefs, either alone or in community with others, in public or in private. This includes the right to change religion and/or belief
42
Explain the provision - Freedom of expression
everyone is entitled to hold opinions and to receive and impart information and ideas
43
Explain the provision - Freedom of assembly and association
this includes the right to form and join trade unions
44
Explain the provision - Right to marry and start a family
anyone of marriageable age has the right to marry and start a family
45
Explain the provision - Protection from discrimination in respect of these rights and freedoms
security is provided against discrimination on any grounds, such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status
46
What does the Equality Act 2010 legally protect people from?
discrimination in the workplace and in wider society
47
What does the Equality Act 2010 set out?
the ways in which it is unlawful to treat someone and protects individuals from unfair treatment
48
What does the Equality Act 2010 require public bodies to consider?
how their policies affect people with different protected characteristics. This is called the public sector equality duty.
49
When does the Equality Act 2010 cover people with protected characteristics?
- applying for a job, during employment and when leaving employment - using services in everyday life such as shops and hospitals - dealing with organisations carrying out public functions such as tax collection and crime investigation - in education - buying or renting property - joining private clubs and associations
50
What are the employers' responsibilities under the Equality Act 2010?
Employers must ensure equality in: - recruitment - access to training - employment terms and conditions - pay and benefits - opportunities for promotion - dismissal and redundancy
51
What must employers do under the Equality Act 2010?
make reasonable adjustments to allow equal access and opportunities for all. E.g. making adjustments to buildings, such as ramps and lifts, to allow accessibility for all.
52
Definition of trade unions?
organisations that protect and further the interests of their members by negotiating and consulting with employers on their behalf. If negotiations do not lead to resolution this may result in industrial action (strikes).
53
What do trade unions have?
enhanced legal protection to negotiate pay and working conditions, as well as rights to be informed and consulted over changes at work
54
What do union members pay for and what do they elect?
a membership fee and elect a representative to give them advice if they have a problem at work
55
What do unions play a role in?
advocating for their members and can offer representation for those experiencing inequality at work
56
What can't happen to individuals for joining or not joining a union?
Individuals cannot be punished or discriminated against