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Complimentary Webinar Slides:
Discrimination – The Basics
20 March 2014
Marie Walsh – Winstons Solicitors LLP
#SBWChat
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0113 322 7240 [email protected] www. shorebird-rpo.com
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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
Advertisements
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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