Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0002
Razia Karim
This chapter discusses the protected characteristics under the Equality Act 2010. One of the objectives of the Equality Act 2010 is to bring together in one place all of those characteristics on which it is unlawful to discriminate and to establish a single approach to discrimination, with some exceptions. These ‘protected characteristics’ are set out in Part 2, Chapter 1 of the Act. The protected characteristics covered by the Act are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation; and pregnancy and maternity. The chapter looks at the provisions for each of these protected characteristics in turn.
{"title":"Protected Characteristics","authors":"Razia Karim","doi":"10.1093/oso/9780198870876.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0002","url":null,"abstract":"This chapter discusses the protected characteristics under the Equality Act 2010. One of the objectives of the Equality Act 2010 is to bring together in one place all of those characteristics on which it is unlawful to discriminate and to establish a single approach to discrimination, with some exceptions. These ‘protected characteristics’ are set out in Part 2, Chapter 1 of the Act. The protected characteristics covered by the Act are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation; and pregnancy and maternity. The chapter looks at the provisions for each of these protected characteristics in turn.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131786723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0012
Rachel Crasnow QC
This chapter studies positive action to secure full equality in practice, assessing when it is permissible to take positive action in relation to equality issues. It also considers the specific issue of all-women shortlists for elected positions. The key provisions in the Equality Act 2010 are in Chapter 2 Positive Action, which is in Part 11 Advancement of Equality. Section 158 concerns Positive Action in general and section 159 concerns specifically Positive Action: Recruitment and Promotion. These sections intersect with other provisions of the Act, for instance those in which certain otherwise discriminatory conduct is rendered permissible by occupational requirements or because it is otherwise justified. These provisions all reflect core ideas in the centre of the equal treatment principle.
{"title":"Redressing the Balance: Positive Action, Quotas, Political Shortlists, and Associations","authors":"Rachel Crasnow QC","doi":"10.1093/oso/9780198870876.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0012","url":null,"abstract":"This chapter studies positive action to secure full equality in practice, assessing when it is permissible to take positive action in relation to equality issues. It also considers the specific issue of all-women shortlists for elected positions. The key provisions in the Equality Act 2010 are in Chapter 2 Positive Action, which is in Part 11 Advancement of Equality. Section 158 concerns Positive Action in general and section 159 concerns specifically Positive Action: Recruitment and Promotion. These sections intersect with other provisions of the Act, for instance those in which certain otherwise discriminatory conduct is rendered permissible by occupational requirements or because it is otherwise justified. These provisions all reflect core ideas in the centre of the equal treatment principle.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129916869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0003
A. Beale
This chapter explains the principal concepts of discrimination defined in Part 2 of the Equality Act 2010. In general, discrimination is defined in the same way for each of the protected characteristics. There are important exceptions to this rule, in recognition of the particular needs of certain groups protected by the Act. For example, the distinctive nature of disability discrimination is recognized through the concepts of discrimination arising from disability and the duty to make reasonable adjustments. These are specific forms of discrimination which apply only to disability. Special provisions deal with absences from work because of gender reassignment and specific measures are set out to deal with pregnancy and maternity discrimination.
{"title":"Core Rights and Duties","authors":"A. Beale","doi":"10.1093/oso/9780198870876.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0003","url":null,"abstract":"This chapter explains the principal concepts of discrimination defined in Part 2 of the Equality Act 2010. In general, discrimination is defined in the same way for each of the protected characteristics. There are important exceptions to this rule, in recognition of the particular needs of certain groups protected by the Act. For example, the distinctive nature of disability discrimination is recognized through the concepts of discrimination arising from disability and the duty to make reasonable adjustments. These are specific forms of discrimination which apply only to disability. Special provisions deal with absences from work because of gender reassignment and specific measures are set out to deal with pregnancy and maternity discrimination.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124413409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0010
G. Craig
This chapter describes Part 9 of the Equality Act 2010. Part 9 sets out the procedure for seeking redress for contraventions of the Act. The Act deals separately with the civil courts procedure in relation to the provision of services, exercise of public functions, disposal and management of premises, education (other than in relation to disability) and associations, and the procedure of the employment tribunal in relation to work and equal pay. Although Part 9 does not deal with the enforcement powers of the Equality and Human Rights Commission which are set out in Part 1 of the Equality Act 2006, these are summarized for completeness. Part 10 is also included in respect of the enforcement of discriminatory terms in contracts and agreements.
{"title":"Enforcement","authors":"G. Craig","doi":"10.1093/oso/9780198870876.003.0010","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0010","url":null,"abstract":"This chapter describes Part 9 of the Equality Act 2010. Part 9 sets out the procedure for seeking redress for contraventions of the Act. The Act deals separately with the civil courts procedure in relation to the provision of services, exercise of public functions, disposal and management of premises, education (other than in relation to disability) and associations, and the procedure of the employment tribunal in relation to work and equal pay. Although Part 9 does not deal with the enforcement powers of the Equality and Human Rights Commission which are set out in Part 1 of the Equality Act 2006, these are summarized for completeness. Part 10 is also included in respect of the enforcement of discriminatory terms in contracts and agreements.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121090242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1002/9781119723448.ch1
Robin Allen QC
This introductory chapter provides a background and overview of the Equality Act 2010. The Equality Act 2010 forms part of the law of England and Wales. Apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), it also forms part of the law of Scotland. The provisions stating that the Act forms part of the law of England and Wales and Scotland do not limit the reach of the Act solely to events that occur in one or more of those places. It is sometimes possible to rely on this law in relation to events that have happened geographically elsewhere. The chapter then traces the history and sources of equality law in the United Kingdom, and details the introduction and passage of the Equality Act 2010. It also considers the possible effect of the Brexit withdrawal legislation on the Act.
{"title":"Introduction and Background","authors":"Robin Allen QC","doi":"10.1002/9781119723448.ch1","DOIUrl":"https://doi.org/10.1002/9781119723448.ch1","url":null,"abstract":"This introductory chapter provides a background and overview of the Equality Act 2010. The Equality Act 2010 forms part of the law of England and Wales. Apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), it also forms part of the law of Scotland. The provisions stating that the Act forms part of the law of England and Wales and Scotland do not limit the reach of the Act solely to events that occur in one or more of those places. It is sometimes possible to rely on this law in relation to events that have happened geographically elsewhere. The chapter then traces the history and sources of equality law in the United Kingdom, and details the introduction and passage of the Equality Act 2010. It also considers the possible effect of the Brexit withdrawal legislation on the Act.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129814729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0006
C. Casserley
This chapter looks at Part 6 of the Equality Act 2010, which sets out what is unlawful conduct in relation to education. Chapter 1 of Part 6 deals with schools; Chapter 2 with further and higher education; and Chapter 3 with general qualifications bodies. At the time of writing, there is no statutory code of practice in relation to either pre-16 education or further and higher education. The Equality and Human Rights Commission has produced non-statutory guidance, referred to as technical guidance, however, for schools and for further and higher education. There has been relatively little case law in the education field though what there has been has either been brought in the First-tier Tribunal (where disability discrimination cases in schools must be brought) or has tended to focus on race and religious discrimination and been litigated by way of judicial review.
{"title":"Education","authors":"C. Casserley","doi":"10.1093/oso/9780198870876.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0006","url":null,"abstract":"This chapter looks at Part 6 of the Equality Act 2010, which sets out what is unlawful conduct in relation to education. Chapter 1 of Part 6 deals with schools; Chapter 2 with further and higher education; and Chapter 3 with general qualifications bodies. At the time of writing, there is no statutory code of practice in relation to either pre-16 education or further and higher education. The Equality and Human Rights Commission has produced non-statutory guidance, referred to as technical guidance, however, for schools and for further and higher education. There has been relatively little case law in the education field though what there has been has either been brought in the First-tier Tribunal (where disability discrimination cases in schools must be brought) or has tended to focus on race and religious discrimination and been litigated by way of judicial review.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129605958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.7551/mitpress/7862.003.0007
C. Casserley
This chapter assesses provisions relating to premises. The provisions for premises are contained in Part 4 of the Equality Act 2010 and are heavy in legislative detail and remain relatively light on case law. Part 4 of the Act sets out what is unlawful in relation to premises. It is concerned with the sale, leasing, and management of all premises, both residential and commercial. It applies to both the public and the private sector in their roles relating to the disposal and management of premises. However, the premises provisions do not apply to the protected characteristics of age and marriage and civil partnership. There are also provisions to ensure that there is no overlap between the premises provisions and other parts of the Act. Thus, the premises provisions do not apply to discrimination, harassment, or victimization that is prohibited by Part 5 (work), or Part 6 (education), or would be prohibited but for an express exception.
{"title":"Premises","authors":"C. Casserley","doi":"10.7551/mitpress/7862.003.0007","DOIUrl":"https://doi.org/10.7551/mitpress/7862.003.0007","url":null,"abstract":"This chapter assesses provisions relating to premises. The provisions for premises are contained in Part 4 of the Equality Act 2010 and are heavy in legislative detail and remain relatively light on case law. Part 4 of the Act sets out what is unlawful in relation to premises. It is concerned with the sale, leasing, and management of all premises, both residential and commercial. It applies to both the public and the private sector in their roles relating to the disposal and management of premises. However, the premises provisions do not apply to the protected characteristics of age and marriage and civil partnership. There are also provisions to ensure that there is no overlap between the premises provisions and other parts of the Act. Thus, the premises provisions do not apply to discrimination, harassment, or victimization that is prohibited by Part 5 (work), or Part 6 (education), or would be prohibited but for an express exception.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"177 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132411035","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/oso/9780198870876.003.0008
Laura Prince
This chapter addresses the public sector equality duty, which is contained in Part 11 of the Equality Act 2010. Section 149 of the Act consolidates the specific duties in respect of race, gender, and disability, which were previously contained in separate pieces of primary legislation. It extends those duties to cover all of the protected characteristics except marriage and civil partnership (which is protected to a more limited extent). Meanwhile, section 1 of the Act, which is not currently in force, provides for a public sector duty relating to socio-economic inequalities. This requires specified public authorities, in the context of strategic decision-making, to have due regard to the desirability of exercising their functions in a manner designed to reduce inequalities which result from socio-economic disadvantage.
{"title":"The Public Sector Equality Duty and the Socio-economic Duty","authors":"Laura Prince","doi":"10.1093/oso/9780198870876.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198870876.003.0008","url":null,"abstract":"This chapter addresses the public sector equality duty, which is contained in Part 11 of the Equality Act 2010. Section 149 of the Act consolidates the specific duties in respect of race, gender, and disability, which were previously contained in separate pieces of primary legislation. It extends those duties to cover all of the protected characteristics except marriage and civil partnership (which is protected to a more limited extent). Meanwhile, section 1 of the Act, which is not currently in force, provides for a public sector duty relating to socio-economic inequalities. This requires specified public authorities, in the context of strategic decision-making, to have due regard to the desirability of exercising their functions in a manner designed to reduce inequalities which result from socio-economic disadvantage.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122707725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-23DOI: 10.1093/OSO/9780198870876.003.0011
R. McDonald, Sophie Buckley
This chapter explores Part 5, Chapter 3 of the Equality Act 2010, which deals with equality in contractual terms and conditions of employment and occupational pension scheme rules. It deals with all aspects of equal pay law, i.e. the rules requiring that men and women doing equal work should have equal contractual and pension benefits. The chapter begins by briefly setting these provisions in context, addressing their relationship with discrimination law and EU law. It then looks at the sex equality clause (contract terms) and sex equality rule (pensions). Finally, the chapter concludes with a consideration of the maternity equality clause and maternity equality rule.
{"title":"Equality of Terms","authors":"R. McDonald, Sophie Buckley","doi":"10.1093/OSO/9780198870876.003.0011","DOIUrl":"https://doi.org/10.1093/OSO/9780198870876.003.0011","url":null,"abstract":"This chapter explores Part 5, Chapter 3 of the Equality Act 2010, which deals with equality in contractual terms and conditions of employment and occupational pension scheme rules. It deals with all aspects of equal pay law, i.e. the rules requiring that men and women doing equal work should have equal contractual and pension benefits. The chapter begins by briefly setting these provisions in context, addressing their relationship with discrimination law and EU law. It then looks at the sex equality clause (contract terms) and sex equality rule (pensions). Finally, the chapter concludes with a consideration of the maternity equality clause and maternity equality rule.","PeriodicalId":126009,"journal":{"name":"Blackstone's Guide to the Equality Act 2010","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115198469","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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