WEEK 8

Question 1

Discrimination Law

Answer 1

Covered in the Equality Act 2010 (EA 2010)

The act saw the creation of the Equality and Human Rights Commission (EHRC)

EHRC can investigate discrimination and take legal action, though most cases are brought by individuals against employers on a case-by-case basis

Question 2

Protected Characteristics

Answer 2

These are the areas of possible discrimination protected by EA 2010 (in alphabetical order):

Age
Disability
Marriage and civil partnership
Pregnancy/maternity

Question 3

Prohibited Conduct

Answer 3

Direct discrimination
Associative discrimination
Perceptive discrimination
Indirect discrimination

Question 4

Harassment (EA 2010, ss 26 & 40)

Answer 4

1 - Applies to all of the protected characteristics
2 - Sexual harassment
3 - Treating somebody less favourably than someone else because they submitted to or rejected sexual harassment

Question 5

Victimisation (EA 2010, s27)

Answer 5

Occurs when a person makes a complaint about discrimination (or supports somebody else in their complaint ‘in good faith’) and is subsequently not treated as well as they would have otherwise been

‘In good faith’ means that a complaint/support given is genuine and not falsified for malicious reasons

Question 6

Positive Action

Answer 6

Not the same as positive discrimination (which is unlawful)

Positive action is measures taken by employers to alleviate any disadvantages that those with protected characteristics may experience

E.g. promoting a company’s work in inner-city schools, offering training courses for women wishing to become managers

Question 7

Positive Action

Answer 7

Positive action is measures taken by employers to alleviate any disadvantages that those with protected characteristics may experience

E.g. promoting a company’s work in inner-city schools, offering training courses for women wishing to become managers

Question 8

Health and Safety – Criminal Law

Answer 8

Mainly covered by the Health and Safety at Work Act 1974

It is a criminal offence to an employer to not provide a safe and healthy working environment

The statute indicates that employers must act reasonably when it comes to looking after the employees health and safety to avoid prosecution

Question 9

Obligations of an employer

Answer 9

• Provide safe systems of working
• Maintain plant and equipment
• Ensure safe arrangement of handling, use and storage of hazardous materials
• Provide all necessary information, training and supervision
• Ensure that entrances and exits to buildings are safe
• Provide adequate facilities and arrangements to ensure welfare at work

Question 10

Alternative Dispute Resolution (ADR)

Answer 10

Possible reasons why parties may not want to use the court system in a dispute:

• Litigation is expensive (in both time & money)
• Parties may want to discuss disputes in a more informal manner, see litigation as a ‘last resort’
• Parties may want to continue relationship in other aspects while dispute is ongoing

Question 11

Types of ADR

Answer 11

Arbitration
Mediation
Conciliation
Administrative Tribunals
Ombudsman System

Question 13

Advantages of arbitration

Answer 13

Usually lower costs than court proceedings (though arbitrators can command high fees)

Proceedings held in private

Usually quicker than going through courts

Question 14

Possible downsides of arbitration

Answer 14

Could still be expensive due to high costs of arbitrator

No chance to appeal – both parties have agreed to be legally bound by the decision

Not as thorough a process as a formal court

Independence of arbitrator may be compromised if they are regularly used by a party

Question 15

Mediation

Answer 15

In private as with arbitration

Parties appoint a mediator (may or may not be legally qualified but will be trained as mediator)

Their role is to help the parties arrive at a mutual agreement

If parties agree, the agreement can be written down and legally binding