Employment Law- Discrimination
- Created by: viktorijalenk
- Created on: 07-05-19 23:21
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- Discrimination
- Direct Discrimination
- A person discriminates against another if, because of a protected characteristic, A treats B less favourably than A treats or would treat others
- Objective test
- 'Less favourable treatment'
- Smith v Safeway Stores
- Indirect Discrimination- S.19
- Provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B
- PCP is usually a requirement imposed by the employer
- There is a proportionate means defence
- Provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B
- Both s.13 and s.19 require comparators
- Can be real or hypothetical comparator
- Harassment S.26
- Three types
- Purpose or effect of violating...
- 26(4)
- In deciding whether conduct has the effect...
- 1. The perception of the claimant.
- 2. The other circumstances of the case
- Whether it is reasonable for the conduct to have that effect
- 2. The other circumstances of the case
- 1. The perception of the claimant.
- In deciding whether conduct has the effect...
- Sexual Harassment 26(2)
- Unwanted conduct of the sexual nature
- Sex/Sexual Harassment 26(3)
- A harasses B if (a) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex
- Harassment by Employer S.40
- An employer must not harass a person who is an employee of A's or who has applied to A for employment
- Three types
- Victimisation S.27
- A person victimises another person if A subjects B to a detriment because: (a) B does a protected act, or (b) A believes that B has done, or may do a protected act.
- S.27(2) 'Protected act'- Broadly means taking action in relation to rights under the Act
- A person victimises another person if A subjects B to a detriment because: (a) B does a protected act, or (b) A believes that B has done, or may do a protected act.
- Direct Discrimination
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