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Direct discrimination (Disability (section 6) (a physical or mental…
Direct discrimination
Disability (section 6)
a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities
long term - effect must either have lasted for 12 months or be expected to last for 12 months or the rest of a person's life
Clark v Novacold - a manual worker who could not walk short distances or lift heaving loads after a back injury was disabled
Schedule 1: if the impairment ceases to have an adverse effect it will still be treated as a disability if the effect is likely to recur.
a claim for discrimination will not lie where the employer did not know that the employee was disabled. The duty to take steps to prevent disadvantage applies only to job-related matters (Kenny v Hampshire Constabulary
Limitations on the type of questions an employer may ask about an applicant's health (these cannot be asked before an offer has been made, or the applicant has been included in a pool of successful candidates to be offered a job at a later stage
Duty to make adjustments to cater for the needs of disabled workers:
- adjustments to premises;
- altering disabled person's working hours
- allowing time for rehabilitation, treatment
- arranging training
- providing a reader or interpreter
in determining what is reasonable for the employer to do, regard should be given to the extent to which taking a particular action would prevent the discriminatory effect; financial and other costs
Age (section 5)
- an employer cannot terminate an employee's contract of employment on the grounds of retirement at any age
- the removal of the default retirement age of 65 does not affect an employee's rights to take early retirement or their contractual pension rights
- an employer can set a company-wide or job-specific retirement age, or deal with cases on an individual basis provided that they can defend a charge of age discrimination in retiring than employee
Seldon v Clarkson Wright and Jacques
a requirement for partners to retire at 65 could constitute age discrimination, unless there was a legitimate aim to achieve and the age limit was a proportionate means of achieving it
the employer will need to show objective justification for retiring the employee and will need to demonstrate that such policies are legitimate aims and that the particular policies are a proportionate meas of achieving those aims.
Race (section 9)
includes colour, nationality and ethnic or national origin; broader than a race alone and may include any community with a shared history culture (Jews, Sikhs) Mandla v Dowell Lee
two essential characteristics to establish an ethnic group:
- a shared history
- cultural traditions
five non-essential characteristics:
- common origin from one geographical area;
- common language and literature
- common religion
- being a minority or being an oppressed or dominant group within a larger community
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s4, Equality Act 2010, protected characteristics
**1. Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation**
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