Questions tagged [equality-act-2010]
The equality-act-2010 tag has no usage guidance.
32
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the ...
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1
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70
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Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (...
-9
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2
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152
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Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation? [closed]
The equality act places an equality duty on the public sector. The Secretary of State is charged with the task of designating certain organisations as proscribed under the terrorism act.
Does taking ...
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2
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116
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What is an example of “shifting the burden of proof”?
S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So ...
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72
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What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?
S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section?
And is testimonial ...
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0
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44
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Is it legal to discriminate against people over a certain age? [duplicate]
A restaurant reserves certain items on its menu for individuals under a certain age.
The equality act 2010 specifically makes allowances for age discrimination against people under the age of 18. But ...
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2
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106
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to ...
6
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2
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Do soldiers have a greater duty to women and children than to men in case of a shipwreck?
The Queen’s Bench Division apparently affirmed this idea in R v. Dudley and Stephens suchly:
To preserve one's life is generally speaking a duty, but it may be the
plainest and the highest duty to ...
-2
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1
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90
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Is the City of London fully subject to the Public Sector Equality Duty?
Some parts of the City of London Corporation function like a public body (eg the City Fund) while others (e.g. City’s Cash) somehow do not.
For the purposes of the Equality Act’s PSED, is it a Public ...
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179
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Is there or will there be any written reasoned decision in the preliminary issue ruling of Kirsty Ayre on protection of opposition to CRT?
Judge Kirsty Ayre in the employment tribunal has ruled that ACAS employee Sean Corby’s oppositions to critical race theory are a protected philosophical belief under the equality act 2010.
Where can ...
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112
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If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?
This recent excellent answer discusses the Grainger test, and states:
(ii) It must be a belief and not an opinion or viewpoint based on the present state of information available.
Particularly, a ...
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153
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is the duty to make reasonable adjustments reflexive?
If Bob requests a reasonable adjustment from a member of a business’s staff, and they refuse on the grounds that they cannot do such things according to their organisation’s internal logic despite the ...
4
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1
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128
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What does criterion 2 of the Grainger test mean?
The second criterion of the Grainger Test when ascertaining if a belief is protected under the Equality act is:
The belief must not simply be an opinion or viewpoint based on the present state of ...
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98
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Do practices, criteria, or provisions applied not of A’s own initiative but by statutory mandate have relevance to the Equality Act?
The equality act in various contexts including those concerning indirect discrimination and the duty to make reasonable adjustments, refers to “practices, criteria or provisions” that may be applied ...
4
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1
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118
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Is prosecutorial discretion subject to the public sector equality duty?
The Equality Act 2010 creates a duty on public sector entities to have consideration for equality in all decisions they take. Does this bear on prosecutorial offices and their exercises of ...
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59
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What is the disposal of premises?
Part 4 Equality Act 2010 makes extensive references to the disposal of premises. What specifically does this concern?
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2
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270
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What is the judicial rationale for introducing the grainger test to qualify beliefs?
Section 10 Equality Act 2010 seems very clear that “belief means any religious or philosophical belief”. (Emphasis added)
Yet, the employment tribunal in Grainger set down a five limb test which ...
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127
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What are non-physiological aspects of sex?
Section 7(1) equality act 2010 refers to “physiological or other aspects of sex.”
What are these other aspects of sex? In other words, what does this “or other” clause refer to?
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159
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Is feminism a discrimination-protected philosophical belief?
Is there any legal authority as to whether feminism is protected under the equality act as a characteristic of philosophical belief? If not one addressing the question directly, either with respect to ...
0
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1
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42
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To what extent was the Equality Act 2010 shaped by or did it “implement” legal provisions of the EU?
The DPA 2018 was passed pursuant to the EU GDPR to achieve uniformity across the EU in relation to matters of personal data. The unfair contract term regulations too were passed to implement EU ...
7
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Is it legal for a disability accomodation to inconvenience able-bodied people?
About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.
Now, someone in a wheelchair has started working here too, and because the post's position was ...
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180
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Can someone claim compensation for discrimination even if they weren't personally affected by it? [duplicate]
Dr. Bower attempted to buy and later did buy Pink IPA from Brewdog, but was not allowed to do so because he looked male.
As they maintained this criterion that negatively impacted not only Dr. Bower, ...
2
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0
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105
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When is age discrimination actually illegal?
Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this ...
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1
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69
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What was the importance of Dr. Bower's attempts to purchase Brewdog's Pink IPA, both successful and unsuccessful, to his claim?
Could his claim still have been successful if he had only presented a printed advertisement showing the sexist promotional pricing scheme?
To put it another way, if a black man took a picture of a ...
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54
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What laws have amended the Equality Act 2010?
I find myself wishing to download a copy of the Equality Act 2010 in order to study it when lacking internet access. Of course legislation.gov.Uk offers a PDF kings printer version, but I fear this is ...
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62
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Does the concept of reasonable adjustment apply to other protected characteristics than disability status?
In England businesses are required to make reasonable adjustments in the case of mental or physical disabilities so as to create an inclusive environment of equality. But are such adjustments required ...
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2
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358
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Is it indirect discrimination or otherwise unlawful to maintain a menu that does not include vegan options?
A restaurant R has a menu of various things but does not include vegan options. As veganism is a protected philosophical belief under the Equality Act 2010 and the Grainger test, this omission affects ...
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69
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What factors could determine whether any type of ideological carnivorism would be a protected philosophical belief as well as veganism?
There seems a persistent intuitive urge to apply the broader principle of non discrimination within the equality act, which is to say that “if veganism is to be a PPB then so should carnivorism” in ...
-1
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3
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289
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Refusal of service to single customers
Bob walked past a restaurant and saw 35% of their tables are empty, so they are reasonably busy, but have plenty of open tables.
He asks to be seated as a party of one, but is told in a most palpably ...
2
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2
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362
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Is it legal to offer a scholarship only for female applicants?
Suppose an organisation offers training courses on a subject of general significance that could not in any stretch be said specific to either or the other gender.
And it offers free spaces on it under ...
4
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1
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242
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Is the inability to bypass a duty free shopping area in UK airports a violation of the Equality Act?
In many airports in the United Kingdom, passengers are required to walk straight through a duty free shop (as in straight through it, not alongside its entrance) to get to the departure gates after ...
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Would a politically vegan establishment denying entry to one donning pro-carnivore slogans be pursuing proportional means to a legitimate aim?
Would the desire to maintain a vegan "safe space" be enough to deny one who ardently believes in the medical importance of eating animal flesh entry to their establishment?
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