#9724 - Equality In Employment Part 1 I Tutorial - Employment Law

• Direct discim claim is based on claimant’s belief that because of a protected characteristic they have been treaten less favourably than those who are not affected by that particular characteristic

• Usually straightforward, treated unfairly due to race or gender

• ASSOCIATION CLAIMS

• S.13 also allows discrimination based on association or perception

• e.g. refused employment because of husband’s race

• Claims by association do not apply where the protected characteristic is marriage or civil partnership; here the claimant must themselves possess the protected characteristic

• PERCEPTION CLAIMS

• E.g. employer wrongly thinks that employee is a catholic so doesn’t promote him

• TEST

• Test for less favourable treatment is objective

• Would the claimant have been treated less differently and more favourably had it not been for the protected characteristics?

• Compare with another person who does not have the protected characteristic; this person is known as the comparitor

• Sometimes easy as there are other employees who are quite equal in other respects; sometimes might not be as easy so need to use hypothetical comparitor

COMBINED DISCRIMINATION

• Only applies to direct discrimination claims

• Due to having two protected characteristics, the employee has been treated less favourably than workers who do not have either of those characteristics

• Respondent has a number of options when faced with discrimination case

• AGE DISCRIMINATION – DEFENCE OF JUSTIFICATION

• Justification = acted proportionately in order to meet a legitimate aim

Example:

Justified.

• ALL OTHER PROTECTED CHARACTERISTICS – OCCUPATIONAL REQUIREMENT EXCEPTION

Additional provisions:

• ALL OTHER PROTECTED CHARACTERISTICS – VICARIOUS LIABILITY

• When act of discrimination is committed by employees or managers; e.g. failure to promote on racial grounds

• See first part of the i-Tut also