Direct discrimination

definition

discriminates against another if because of a protected characteristic, treat b less favourably than would treat others

eligibility

claimant must be protected by act - employees, job applicants, contract workers

when does time limit for discrimination start

from act but if there is a continuing act it won’t run until the discrimination ceases

relevant protected characteristics

age, gender reassignment, marriage and civil partnership, race, religion or belief, sex, sexual orientation, pregnancy, disability

potentially unlawful acts

discrimination against job applicants and prospective job applicants

discrimination against employees

discrimination after employment

comparator

treatment must be compared with an actual or hypothetical comparator who does not share protected characteristics but is not materially different

less favourable treatment

any disadvantage - preferred not to have been treated differently

was less favourable treatment because of the protected characteristic

significant influence

is there an explanation which is not discriminatory

shifting burden of proof

Tribunal must make a finding if claimant can establish facts from which contravention of the act, unless the employer can show that it did not contravene the act

what is the one kind of discrimination where there is a defence

age - proportionate means of achieving legitimate aim

elements to make out vicarious liability

relationship between defendant and tortfeasor akin to employment

closely connected that was acting in the course of employment

reasonable steps defence to vicarious liability

taken any steps to prevent

where there any further steps which the employer could have taken

available remedies for discrimination

declaration

recommendation

compensation

what’s the limit on discrimination compensation

no upper limit

heads of loss for disability discrimination

financial loss and injury to feelings

vento bands

higher, middle, lower