Complimentary Webinar Slides:

Discrimination – The Basics

20 March 2014

Marie Walsh – Winstons Solicitors LLP

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Marie Walsh

Winston Solicitors LLP

112 Street Lane Roundhay Leeds

Discrimination – The Basics

Summary

Protected Characteristics

Eligibility

Direct Discrimination

Indirect Discrimination

Victimisation

Harassment

Protected Characteristics

Age (section 5)

Disability (section 6)

Gender reassignment (section 7)

Marriage and civil partnership (section 8)

Pregnancy and maternity

Protected Characteristics cont...

Race (section 9)

Religion or belief (section 10)

Sex (section 11)

Sexual orientation (section 12)

Eligibility

Day one right

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Application to termination

Unlimited compensation

Direct Discrimination

Direct discrimination occurs where "because of a protected characteristic, A treats B less favourably than A treats or would treat others" (section 13(1), EqA 2010)

Indirect discrimination

A discriminates against B where:

A applies to B a provision, criterion or practice (PCP)

B has a protected characteristic

A also applies (or would apply) that PCP to persons who do not share B's protected characteristic

The PCP puts or would put persons with whom B shares the protected characteristic at a particular disadvantage compared to others

The PCP puts or would put B to that disadvantage

A cannot show the PCP to be a proportionate means of achieving a legitimate aim

Victimisation

Victimisation occurs where A subjects B to a detriment because either:

B has done a protected act

A believes that B has done, or may do, a protected act

(Section 27(1), EqA 2010.

Harassment (General)

A harasses B if A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either:

Violating B's dignity, or

Creating an intimidating, hostile, degrading, humiliating or offensive environment for B

(Section 26(1), EqA 2010.)

Harassment cont . . .

In deciding whether conduct shall be regarded as having the required effect, the following must be taken into account:

B's perception

The other circumstances of the case

Whether it is reasonable for the conduct to have that effect

(Section 26(4), EqA 2010.)

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