This equipment was donated by Thompsons solicitors

Update on Equalities: Where are we?

Wednesday 8th December 2010

Sexual Orientation and Religion or Belief

The Impact of the Equality Act

Professor Mark Bellmark.bell@le.ac.uk

Claims accepted by Employment Tribunals

The protected characteristics

• Sexual orientation• Civil partnership

– only direct & indirect discrimination in employment

• Religion or Belief– Grainger plc & others v Nicholson [2009]

2 All ER 253 (EAT)

Transgender issues

• Explicit recognition of gender reassignment as one of the protected characteristics

• Definition: removing the requirement to show ‘medical supervision’

Definition of discrimination

• Direct discrimination – discrimination by association– absence from work & gender

reassignment (s.16)

• Indirect discrimination– case-law on manifestation of religious belief at

the workplace: eg Ladele v Islington LBC [2010] 1 WLR 955 (CA); Eweida v British Airways [2010] IRLR 322 (CA)

Harassment

• s. 26: ‘unwanted conduct related to a relevant protected characteristic’– eg English v Thomas Sanderson Blinds Ltd

[2009] IRLR 206 (CA)

• s.40: harassment by third parties •Harassment related to religion/belief

and sexual orientation in areas outside employment

Other forms of discrimination

• s.111: instructing , causing or inducing contraventions

Exceptions

• Sch.9(1): occupational requirements• Sch.9(2): religious requirements in

employment for the purposes of an organised religion– Based on compliance & non-conflict

principle• Sch.9(3): organisations with an ethos

based on religion or belief• Sch.22(4): specific provisions on faith

schools

The impact of the Equality Act

• Public sector equality duty extended to sexual orientation and religion/belief

• Improvements in the definition of discrimination

• BUT– Complex set of exceptions retained – Individual litigation is unlikely to be

sufficient