|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
|
|
|||||
Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Introduction to the Equality Act 2010
Discrimination on grounds of Gender Reassignment
Discrimination on grounds of Age
Disability Discrimination Under the Equality Act 2010
Discrimination on grounds of Marriage and Civil Partnership
Discrimination on grounds of Pregnancy and Maternity
Discrimination on grounds of Race
Discrimination on grounds of Religion and Belief
Discrimination on grounds of Sex
Discrimination on grounds of Sexual Orientation
How does it affect private clubs and associations
How does it affect taxi drivers
How does it affect the public sector
Difference Between Direct and Indirect Discrimination
Disability Discrimination Laws for Volunteers
Examples
Discrimination at work: IVF Treatment
Discrimination at work: Christian faith
The Equality Act 2010 prohibits discrimination (whether direct or indirect), harassment and victimisation on the ground of a person’s sex whether they are a man or a woman.
Direct discrimination occurs where a person treats another person less favourably than he or she treats or would treat others on grounds of their sex. This may include, for example, denying a woman a job or promotion for fear that she may become pregnant.
However, conduct which would on the face of it amount to direct discrimination is permitted if the conduct amounts to a proportionate means of achieving a legitimate aim.
Indirect discrimination occurs where a provision, criterion or practice, which is applied or would apply equally to persons not of the same sex, puts persons of a particular sex at a disadvantage. For example, a provision that affects only part time workers may indirectly discriminate against women since part time workers tend to be women.
Conduct which can be shown to be a proportionate means of achieving a legitimate aim is, however, permitted.
Harassment occurs where a person is subjected to unwanted conduct related on grounds of their sex which has the purpose or effect of violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for him. This may include, for example, making sexist jokes in the workplace.
Victimisation occurs where a person is subjected to a detriment by reason of the fact that he has (or it is believed that he has or may) carried out one of the following acts:
brought or given evidence or information in proceedings brought under the Act;
the doing of something for the purposes of or in connection with the Act.
made an allegation that a person has contravened the Act.
However, the giving of false evidence or information, or the making of a false allegation is not protected by the Act if it is given or made in bad faith.
The Act applies to all aspects of employment including recruitment, terms and conditions of employment, training, promotions and transfers, dismissals and redundancy.
Men and women are entitled to receive equal pay for the same or similar work, equivalent work and work of equal value.
Employers are still able to discriminate where such discrimination is a proportionate means of achieving a legitimate aim. In certain circumstances an employer may be allowed to encourage or offer support specifically to men or women, for example, to encourage women to enter into managerial positions where they are under represented.
The Act applies to contract workers, partners of firms and anyone in vocational training as well as employees.
The Act prohibits a person who provides services to the public or a section of the public (for payment or not) from discriminating against, harassing and victimising a person requiring a service by not providing the person with the service and during the provision of the service.
The Act also prohibits discrimination, harassment and victimisation in schools and further and higher education institutions by associations and in relation to the disposal, occupation and management of premises.
Where a provision of the Act is contravened proceedings can be brought through the Civil Courts. If the claim arises out of the employment of a person a claim can be brought in an Employment Tribunal.
A wide range of remedies are available to the Civil Courts and Employment Tribunals including the power to award compensation for injured feelings and to make recommendations to reduce discrimination in the workplace.
Normally claims brought in the Civil Courts will have to be brought within 6 years of the date of the act to which the claim relates and within 3 months in the case of claims brought in an Employment Tribunal.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.
