Statutory provisions on discrimination Flashcards
S.19 (2) Equality Act 2010
Provision on indirect discrimination:
a. a applies to persons of whom b does not share the same characteristic.
b. puts the person with whom b shares the same characteristic at a particular disadvantage when compared with persons with whom b does not share it.
c. puts or would put b at that disadvantage and
d. it cannot be shown to be a proportionate means of achieving a legitimate aim
S.26 Equality Act 2010
Harassment legislation (see definition of harassment in slides on harassment)
S.159 Equality Act 2010
Positive discrimination
Relates to recruitment and promotion of staff. This is if participation in a shared activity for a group go people with a protected characteristic is disproportionately low/persons sharing a protected characteristic suffer a disadvantage connected to that protected characteristic.
S.4-12 Equality Act 2010
Outline the protected characteristics:
Age Disability Gender reassignment Marriage or CP Race Religion or belief Sex Sexual orientation
Sch.9 Equality Act 2010
Occupational requirements defence
This may involve some careers needing someone to be of a particular religion. It also includes the armed forces where the person must be a man and not a transsexual person.
National minimum wage. It is not against the law to pay a younger worker less than the minimum wage for older workers (as by law they are set at different rates)
S.39 Equality Act 2010
Makes sure that there is no discrimination suffered to certain employees by the terms of employment. This could be unfair terms, dismissal, not affording opportunities to be promoted or have access to certain services. It makes sure that everyone is treated as being on an equal footing.
S.83 Equality Act 2010
Employment is defined as meaning being under ‘a contract of employment’ meaning workers and other persons (gig economy) may not be subject to these laws.
S.13 Equality Act 2010
Law on direct discrimination.
If A treats B less favourably than A treats or would treat others on the basis of B’s protected characteristic. Again, if there are proportionate means of achieving a legitimate aim, it is not discrimination. An example of less favourable treatment may be segregation from others.
S.23 Equality Act 2010
If a case relates to abilities, then the PC should be disability. There must be no material difference between each of the cases.
