discrimination

What was the first UK law to address discrimination?

The Sex Discrimination Act 1975.

Name three key pieces of UK discrimination legislation prior to 2010.

• Sex Discrimination Act 1975

• Race Relations Act 1976

• Disability Discrimination Act 1995

What is the current main law covering discrimination in the UK?

The Equality Act 2010.

What did the Equality Act 2010 do to earlier laws?

It repealed and consolidated earlier discrimination laws into one act.

What are the 9 protected characteristics under the Equality Act 2010?

• Race

• Religion or belief

• Sex

• Sexual orientation

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Age

• Disability

What is direct discrimination?

Treating someone less favourably than another person due to a protected characteristic

What is indirect discrimination?

When a policy or condition applies to everyone but disadvantages people with a protected characteristic more than others.

Give an example of indirect discrimination in property letting.

A blanket refusal to rent to people on housing benefit or universal credit — this disproportionately affects women and disabled people.

What was significant about the 2020 York County Court case?

It found that refusing tenants on benefits breached the Equality Act 2010 due to indirect discrimination based on sex and disability.

Why does refusing tenants on benefits constitute indirect discrimination?

Because women and disabled people are statistically more likely to be on benefits, so the policy puts them at a disadvantage.

In which four key areas are discrimination laws most commonly encountered?

• Employment

• Sale of property

• Letting of property

• Provision of goods, facilities and services

Who is liable if an employee commits an act of discrimination?

The employer, under vicarious liability.

Where must a discrimination complaint related to employment be made?

To an Employment Tribunal.

Where must discrimination complaints unrelated to employment be made?

To the County Court.

What must happen before referring a discrimination case to an Employment Tribunal?

The parties must first go through conciliation via Acas (Advisory, Conciliation and Arbitration Service).