An in-depth, complete and usable revision guide regarding the Equality Act 2010. Exam-ready (if your exam is open book) but perfect for revising and completing past papers.
Preparatory Reading1:
Cases
q The cases and materials referred to in Lecture 7
Textbook
q Cabrelli’s Employment Law in Context (Chapters 10 and 11); or
q Selwyn’s Law of Employment Oxford (Chapter 4); or
q Smith & Wood’s Employment Law (Chapter 5)
Statute & Codes
q Equality Act 2010 – Sections 4 – 39; 109-112; 136
q Equality Act 2010 – Schedules 1; 8
q EHRC Code of Practice on Employment
Prepare answers to the following seven questions and come to the seminar ready to
present these to the group:
1) What are the ‘aims’ of the Equality Act 2010?
2) Name the nine ‘protected characteristics’ within the Equality Act 2010 and
highlight the section which defines each. Discuss reasons for and against
limiting discrimination protection in employment to this prescribed fixed list
rather allowing it to be more open-ended.
3) Describe the main heads of ‘prohibited conduct’ Under the Equality Act
2010, giving an example of each from a decided case.
4) Explain the term ‘comparator’. When will this be relevant?
5) Where should a discrimination claim under the Equality Act 2010 be
issued and what might an employer argue in order to defend themselves
against such a claim?
6) Explain the ‘burden of proof’ and the possible remedies for a successful
1
Please note – this is an indicative rather than a complete list of sources to consider when preparing your answers. If you find
other cases or statutory sections which you consider relevant, please raise these too.
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