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 [email protected]
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
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