When does an employer have constructive knowledge of disability?
Secret disabilities
Tag: Equality Act 2010
Banter?
Anti Irish Traveller rhetoric not Harassment, finds ET
Direct Discrimination: Burden of Proof
In this third post on direct discrimination I am going to comment on the role of section 136(2) of the Equality Act which provides that when considering a discrimination complaint that If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision … Continue reading Direct Discrimination: Burden of Proof
Direct Discrimination: Reason and Intention
Over the next couple of days I will be posting a four part series on direct discrimination, specifically on the role of intent, causation, proving discrimination and what defences are available. It is not a detailed explanation but an introduction to these four aspects. To someone who has not had personal experience of the legal … Continue reading Direct Discrimination: Reason and Intention
Pre-Cancer
Just over a year ago the Employment Appeal Tribunal issued its decision in Lofty v Hamis t/a First Café and in its wake there was a lot of online discussions about whether precancerous conditions come within the deemed disability provisions of the Equality Act 2010. Normally, in order to be a disability for the purposes … Continue reading Pre-Cancer
Institutional Racism Lives On
If UKIP are to be believed there is no longer a problem with racism in UK society, let alone in employment. On that basis the 'we're not racist but ...' UKIP are keen on the scrapping of race discrimination laws that provide some (marginal) legal protections for minority groups in the UK. Over recent months … Continue reading Institutional Racism Lives On
Indirect Discrimination and Fixed Term Workers
A few weeks ago I made reference to the preamble of European Council Directive 1999/70/EC on fixed term appointments which states that the "parties to this agreement recognise that contracts of an indefinite duration are, and will continue to be, the general form of employment relationship between employers and workers." Likewise, the Civil Service Management … Continue reading Indirect Discrimination and Fixed Term Workers
Changes of Contract and the Equality Act
Claims under sections 19 and 20 of the Equality Act 2010 require that a provision, criterion or practice place (or in s.19 would place if applied) an individual with a protected characteristic at a substantial (in the case of section 20) or a particular (in the case of section 19) disadvantage. In Edie & 15 … Continue reading Changes of Contract and the Equality Act
Race and Caste Discrimination
Imagine you work in a company with two employees, both Indian, and an employer who is also Indian. You come from the Dalit caste in the caste system, meanwhile your employer and a fellow employee performing the same role as both share a higher caste. You notice that despite having exactly the same job as … Continue reading Race and Caste Discrimination
