This document contains a clear answer structure, along with all of the consolidated materials. You would be able to answer any direct discrimination question by following these notes.
I hope you find them helpful :)
Outcomes:
1. Explain to a client the law and procedure relating to direct discrimination
2. Take and analyse a client’s instructions to give initial advice regarding whether they have a
potential claim of direct discrimination and the options available to the client
3. Analyse the prospects of a claim succeeding to determine if the claim should be taken in a
no-win no-fee basis.
Overview
An employer may be in breach of their statutory requirements if they discriminate against a person
on the following grounds which are
protected characteristics: s.4 Equality Act 2010
(a) Sex s.11
(b) Marriage/civil partnership s.8
(c) Gender reassignment s.7
(d) Race s.9
(e) Religion or belief s.10
(f) Sexual orientation s.12
(g) Trade union membership
(h) Pregnancy and maternity s.18
Who is protected?
• Employees s.39 EA 2010
• Job applicants s.39
• Contract workers s.41
• Office holders s. 50
• Trade union members s.57
s.83(2) EA 2010 defines an employee as employment under a contract of employment, a contract
of apprenticeship or a contract personally to do work- this is wider than the definition of employee
under s.230(1) of the ERA 1996.
, EXAM STRUCTURE
STEP 1: ELIGIBILITY AND TIME LIMITS
Eligibility:
s.83(2) Equality Act 2010
• Includes both workers and employees which is wider than the definition afforded under
s.230(1) ERA 1996. Therefore, eligibility is easy to meet, provided you are not self-employed.
Time limits:
s.123(1) Equality Act 2010
• Should be within 3 months less one day of the act complained of, or such other period as the
tribunal thinks just and equitable.
• In considering an extension of time, the ET must have consideration to the prejudice that
may be suffered by either party by either refusing or granting an extension of time and have
regard to all other circumstances s.123(1)(b)
British Coal Corporation v Keeble- set out some factors for consideration:
- The length and reasons for delay
- The extent to which the cogency of the evidence is likely to be effected by the delay
- The extent to which the party sued had co-operated with any requirements of information
- The promptness with which the claimant acted once he knew of the possibility of taking action.
- The steps taken by the claimant to obtain appropriate professional advice once he knew of the possibility of
taking action
(a) Sex s.11
(b) Marriage/civil partnership s.8
(c) Gender reassignment s.7
(d) Race s.9
(e) Religion or belief s.10
(f) Sexual orientation s.12
(g) Trade union membership
(h) Pregnancy and maternity s.18
(i) Age s.5
(j) Disability s.6
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