Discrimination

Resources

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  DS01: What is the key legislation that provides protection from discrimination in the UK?

  The most significant change to discrimination legislation in Great Britain since the 1970s took place on 1 October 2010 when the Equality Act 2010 started to come into force...
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  DS02: What are the protected characteristics under the Equality Act 2010?

  Provisions in the Equality Act 2010, which came into force on 1 October 2010, set out the following protected characteristics, split into several categories, reflecting existing discrimination protections...
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  DS03: What forms of discrimination are there?

  Although there are differences in the law governing age, race, sex, disability, religious and sexual orientation discrimination, the general forms of discrimination can be summarised under the following four headings...
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  DS04: What changes to discrimination law have been introduced as a result of the Equality Act 2010?

  The Equality Act 2010 came into force from 1 October 2010 onwards. The core provisions are effective from this date, with other provisions coming into force at different times...
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  DS05: How important is an equal opportunities policy and what should it contain?

  All employers should have an up-to-date equal opportunities policy which must be readily available, regularly and consistently enforced and made known to...
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  DS06: How does the concept of a comparator work under the Equality Act 2010?

  Complainants alleging direct discrimination usually have to compare themselves with either an actual or hypothetical comparator to show less favourable treatment. Where there is no suitable comparator...
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  DS07: How can an employer justify or defend a discrimination claim?

  In most cases, employees should initiate the organisation's grievance procedure and follow the Acas Code of practice on...
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  DS08: Can an employer defend a discrimination claim on the basis of an occupational requirement?

  Under the Equality Act 2010, one of the (very limited) defences to a discrimination claim arises if the employer can show an occupational requirement...
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  DS09: Are employers liable for acts of discrimination carried out by employees?

  Yes, provisions provide that any acts of discrimination carried out by employees in the course of their employment are effectively treated as being done by the employer as well, regardless of...
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  DS10: Can an employee who has suffered discrimination at the hands of a co-worker sue both the employer and the co-worker?

  Yes. Although an employer may be sued for discrimination, the employee who committed the discriminatory act in question can also...
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  DS11: What is positive action and can employers do this?

  Employers can take positive action from 1 October 2010 if they think that people who share a particular protected characteristic suffer a disadvantage connected to...
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  DS12: Will an employer always be liable for discrimination when it has failed to prevent harassment of an employee by a third party?

  All employers must have an anti-discrimination policy (which may form part of an equal opportunities policy). This policy should include prohibition of...
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  DS13: Does an employer have to prove that they did not discriminate or does the employee have to prove that they did?

  This is a very important question. The basic principle has always been that once an employee has established some initial evidence which suggests that, in the absence of adequate explanation...
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  DS14: What should an employer do if they receive a discrimination and/or equal pay questionnaire?

  If an employer receives a discrimination and/or equal pay questionnaire, they should answer it. Questionnaires may be sent to an employer by...
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  DS15: Is there an upper limit for compensation in discrimination claims and how are damages calculated?

  If a tribunal finds a complaint for discrimination well founded, it will then proceed to consider the issue of remedy. Compensation will be awarded where...
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  DS16: How does an employer's failure to follow the Acas code of practice on disciplinary and grievance procedures affect the compensation payable in a discrimination claim?

  An employer or employee may fail to follow the Acas code on disciplinary and grievance matters in an issue involving allegations of discrimination. If the employee brings a successful tribunal claim...
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  DS17: What are the relevant time limits for discrimination claims?

  Claimants must usually commence discrimination claims within three months of the act complained of, subject to the possibility of an extension...
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  DS18: How does the three month time limit apply if an employee claims a continuing act of discrimination?

  Claimants must usually commence discrimination claims within three months of the act complained of, subject to the possibility of an extension in certain circumstances...
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  DS19: Do both employees and the self employed qualify to bring discrimination claims and is there a qualifying period of employment?

  The definition of 'employee' in discrimination legislation is wider than that contained in other employment legislation and protection extends to, for example...
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  DS20: What is the role of the Equality and Human Rights Commission?

  The Equality and Human Rights Commission (EHRC) was established under the Equality Act 2006. It became operational from 1 October 2007 to protect, enforce and promote equality...