Employment Law - Discrimination: The Basics

14
Complimentary Webinar Slides: Discrimination The Basics 20 March 2014 Marie Walsh Winstons Solicitors LLP #SBWChat

description

These slides compliment the webinar presented by Marie Walsh from Winsons Solicitors LLP. To view the recording and hear the great Q&A at the end, please join the shorebird webinar network on LinkedIn at http://linkd.in/1acZPdh These slides cover the basics on Discrimination including: Protected Characteristics Eligibility Direct Discrimination Indirect Discrimination Victimisation Harassment About Marie Walsh Marie is Head of Employment at Winston Solicitors. She qualified as a solicitor in 2001 and is highly experienced in all areas of employment law both contentious and non contentious. She is a member of the Employment Lawyers Association and a committee member of the North Yorkshire branch for CIPD. In addition to practice Marie is also a regular visiting lecturer at a leading law school and also provides in house training sessions to commercial clients upon request. Please get in touch with Marie at [email protected] Thanks for taking the time to look at these slides.

Transcript of Employment Law - Discrimination: The Basics

Page 1: Employment Law - Discrimination:  The Basics

Complimentary Webinar Slides:

Discrimination – The Basics

20 March 2014

Marie Walsh – Winstons Solicitors LLP

#SBWChat

Page 2: Employment Law - Discrimination:  The Basics

A little bird told me….

0113 322 7240 [email protected] www. shorebird-rpo.com

SHOREBIRD ATTRACT

SHOREBIRD MANAGE

SHOREBIRD SUPPORT

Help companies with their direct hiring strategy

Page 3: Employment Law - Discrimination:  The Basics

Marie Walsh

Winston Solicitors LLP

112 Street Lane Roundhay Leeds

Discrimination – The Basics

Page 4: Employment Law - Discrimination:  The Basics

Summary

Protected Characteristics

Eligibility

Direct Discrimination

Indirect Discrimination

Victimisation

Harassment

Page 5: Employment Law - Discrimination:  The Basics

Protected Characteristics

Age (section 5)

Disability (section 6)

Gender reassignment (section 7)

Marriage and civil partnership (section 8)

Pregnancy and maternity

Page 6: Employment Law - Discrimination:  The Basics

Protected Characteristics cont...

Race (section 9)

Religion or belief (section 10)

Sex (section 11)

Sexual orientation (section 12)

Page 7: Employment Law - Discrimination:  The Basics

Eligibility

Day one right

Advertisements

Application to termination

Unlimited compensation

Page 8: Employment Law - Discrimination:  The Basics

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)

Page 9: Employment Law - Discrimination:  The Basics

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

Page 10: Employment Law - Discrimination:  The Basics

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.

Page 11: Employment Law - Discrimination:  The Basics

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.)

Page 12: Employment Law - Discrimination:  The Basics

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.)

Page 13: Employment Law - Discrimination:  The Basics

Questions?

? ?