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Discrimination (Indirect Discrimination s.19 Equality Act (arises when…
Discrimination
Indirect Discrimination
s.19 Equality Act
arises when there is a rule or policy in place that applies to everyone, but disadvantages a person with a protected characteristic.
Indirect discrimination applies to all protected characteristics except for pregnancy and maternity
s 19 (2) - defence to employers - must show that the policy that causes a particular disadvantage was a proportionate means to achieving a legitimate aim.
J.H. Walker Ltd v Hussain
Victimisation
s.27 Equality Act
Discrimination against someone because they have made or supported a complaint under the Equality Act
Purpose of the legislation - to ensure that such employees are not deterred from pursuing their claims or would be punished if they do so.
Victimisation can occur after the employment has ended
Jessemey v Rowstock Ltd
Harassment
s.26 Equality Act
Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination.
Unwanted behaviour could be:
spoken or written words or abuse
offensive emails, tweets or comments on social networking sites
images and graffiti
physical gestures
facial expressions
jokes.
Harassment does not have to be intentional, it is sufficient that the conduct has an effect on the complainant
The following must be taken into account:
the perception of the recipient;
the other circumstances of the case;
whether it is reasonable for the conduct to have that effect
Remedies
s.124 Equality Act
bringing complaint to an employment tribunal
must happen within a period of 3 months
the tribunal can:
make an order declaring the rights of the claimant and the respondent in relation to the act;
make an order requiring the respondent to pay compensation to the complainant
make a recommendation that the respondent takes action:
a) equal opportunities policy
b) implement effective harassment policy
c) retrain staf