Topic 5: Definitions Flashcards
Equality Act 2004
Changes definitions in the 1998 Act & 2000 Act: direct or indirect discrimination, harassment, victimisation and reasonable accommodation.
Changes the parameters of equality law.
Introduces new exceptions to what is protected, and removes/amends existing exceptions.
Introduces a number of changes to procedure and jurisdiction.
Extends the definition of an employee and a contract of employment.
he provisions of the Act now apply to self-employed persons and to Partners and Partnerships.
here is no extension of the nine protected grounds.
The Act does extend some of the existing grounds.
For the first time, the legislation states that discrimination on the gender ground shall be taken to occur where a female employee is subject to discrimination on the basis of her maternity leave or pregnancy.
Further amendment was the extension of “positive action” provisions to all nine grounds.
Amendments to the 1988 Act
Previously a complaint had to be submitted within 6 months from the date of discrimination. This time period could be extended to a maximum of 12 months if there were exceptional circumstances justifying the delay.
Under the 2004 Act time may be extended if there is reasonable cause for such a delay.
Claims to have been discriminated against on more than one of the discriminatory grounds under either the 1998 Act shall be investigated as a single case.
Provision of the extension of the scope of the Act to persons employed in a self-employed capacity.
Provision for the extension of positive action provisions to all nine grounds covered by the Act.
Provision for the extension of the age provisions of the Act to persons under the age of 18 but over the minimum school leaving age and over 65.
Provision for the narrowing of the exclusion from the provisions of the Act of 1998 in respect of employment in private households.
Provision for the requirement on employers to provide reasonable accommodation for persons with disabilities to be, in future subject to it not imposing a disproportionate burden rather than nominal cost.
