THE EQUALITYACT 2010 Flashcards
RELATIONSHIP TO PROVISION OF LEGAL SERVICES
the SRA Principles require that solicitors act in a way which encourages equality, diversity, and inclusion.
The SRA has published guidance
on how this principle can be achieved. Essentially, solicitors
should not unfairly discriminate by allowing personal views to affect their professional relationships and the way in which they provide their services. The guidance states that those regulated by the SRA must also comply with the provisions
of the Equality Act 2010 which aims to protect people in the workplace and in society from discrimination. The Equality Act also covers harassment and victimisation.
Prohibition on Direct Discrimination
The Equality Act prohibits direct discrimination, which is treating person A less favourably than person B because of a protected characteristic. ****
The protected characteristics under the Equality Act are:
*Age;
*Disability;
*Gender reassignment;
*Marriage and civil partnership;
*Pregnancy and maternity;
*Race
*Religion or belief;
*Sex; and
*Sexual orientation
Prohibition on Indirect Discrimination
Indirect discrimination is when a policy or provision is** apparently neutral** but on closer examination puts individuals with a protected
characteristic at a disadvantage compared with individuals
who do not have that characteristic.
Justifcations for Direct and Indirect
Discrimination
- Generally, there is no justifcation for direct discrimination.
The exceptions to this are** age and disability** discrimination for which the action can be justifed if it is shown to be a **pro-portionate means **of achieving a legitimate aim. - For** indirect discrimination**, it is open to the ‘discriminator’ to try to justify any indirect discrimination by showing it is **a proportionate means **of achieving a legitimate aim.
- For proportionality, the question courts look at is whether there is **another less discriminatory way **of achieving the same legitimate aim.
NO DISCRIMINATION IN PROVISION OF SERVICES
It is important to note that the Equality Act also relates to the provision of services
FIRMS MUST PROVIDE REASONABLE ADJUSTMENTS
- Under the Equality Act, frms have a legal obligation to pro-
vide reasonable adjustments to ensure that disabled clients and employees are not placed at** a substantial disadvantage** compared to those who are not disabled, and must not pass on the costs of these adjustments to others. - Adjustments by the firm need only be ‘reasonable’, so the firm does not have to accommodate the needs of disabled clients and employees in all cases.
Making reasonable adjustments could
include:
*Ensuring that clients can access the firm’s premises easily;
*Providing sign language services; or
*Providing specialist equipment for employees.
Victimization
the Equality Act prohibits victimization ,which occurs when a person is disadvantaged or punished because they have complained (or intend to complain) about discrimination or harrassment in workplace, or because they helped somone one who has been discriminated against (often referred to as a protected act)
Protected acts
Vitimization
- bringing a claim under the equality act
- giving evidence or info in connection with a claim under the Equality Act
- alleging that another person has violated the Equality Act
- Doing any other thing for the purposes or in connection with Equality Act.
Harassment
- Harassment is** unwanted** behaviour that is offensive or hostile, which makes a person feel uncomfortable, intimidated or humiliated on the basis of a protected character.
- the test is whether the behaviour made the person feel that way and whether it is **reasonable **for the person to feel that way.
- there is no need for there to be a pattern of harassment. A** one-off incident**, such as a joke, can amount to harrassment.
