Employment Law- Discrimination

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  • Discrimination
    • Direct         Discrimination
      • A person discriminates against another if, because of a protected characteristic, A treats B less favourably than A treats or would treat others
      • Objective test
      • 'Less favourable treatment'
        • Smith v Safeway Stores
    • Indirect Discrimination- S.19
      • Provision, criterion or practice  which is discriminatory in relation to a relevant protected characteristic of B
        • PCP is usually a requirement imposed by the employer
      • There is a proportionate means defence
    • Both s.13 and s.19 require comparators
      • Can be real or hypothetical comparator
    • Harassment S.26
      • Three types
        • Purpose or effect of violating...
      • 26(4)
        • In deciding whether conduct has the effect...
          • 1. The perception of the claimant.
            • 2. The other circumstances of the case
              • Whether it is reasonable for the conduct to have that effect
      • Sexual Harassment 26(2)
        • Unwanted conduct of the sexual nature
      • Sex/Sexual Harassment 26(3)
        • A harasses B if (a) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex
      • Harassment by Employer S.40
        • An employer must not harass a person who is an employee of A's or who has applied to A for employment
    • Victimisation S.27
      • A person victimises another person if A subjects B to a detriment because: (a) B does a protected act, or (b) A believes that B has done, or may do a protected act.
        • S.27(2) 'Protected act'- Broadly means taking action in relation to rights under the Act


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