Impact of EU Law on Equality Law in the UK

Impact of EU Law on Equality Law in the UK

Importance of EU Law in Equality Law Development

  • The final section of the lecture discusses the significant impact of EU law on the development of equality law in the UK

  • The impact of EU law is arguably more substantial than that of the Human Rights Act and the Human Rights Convention

  • Continuous reference to the EU law's influence will occur throughout the course

  • Understanding the impact of EU law on equality law is a core learning objective

Historical Context and Implementation

  • EU law has underpinned equality law in the UK since the 1970s

    • Membership in the EU mandated the implementation of EU legislation concerning employment and equality

  • Every time the EU introduced a directive, the UK was required to integrate that directive into its equality law

Post-Brexit Considerations

  • There is currently uncertainty about the extent to which the UK will be bound by future EU developments in equality law following Brexit

  • For the transition period, it is expected that existing laws derived from EU membership will remain in effect

    • The UK will be obligated to apply laws amended from pre-existing obligations under EU law

  • The course will proceed with the assumption that current EU law obligations still apply

Relationship Between EU Law and Domestic Equality Law

  • The EU provides an overarching framework for employment and equality matters

  • The European Communities Act obligates the UK to implement EU directives on employment-related issues into domestic law

  • Domestic equality law has evolved primarily through EU directives

Legislation Implementation Process

  • EU law can be implemented through secondary legislation instead of primary legislation

    • This allows a Minister of State to develop secondary legislation for EU directives, speeding up the process and avoiding sovereignty issues

  • If a directive is inadequately implemented:

    • A judicial review could be sought against the Minister for improper implementation

    • Alternatively, individuals may bring claims under amended laws based on perceived failure to comply with EU directives

    • Employment Tribunals can refer cases to the Court of Justice of the European Union if there are uncertainties in application

Examples of Case Law Impacting Equality Law

  • Gender Reassignment Example

    • Context: The introduction of the Sex Discrimination Act in 1975 initially focused on a binary interpretation of sex

    • Case: P versus S involved a woman undergoing gender reassignment who needed to prove discrimination under the Sex Discrimination Act

    • Outcome: The European Court of Justice ruled that "sex" in the Equal Treatment Directive included gender reassignment, leading to the Gender Reassignment Regulations (1999) being implemented in the UK

  • Disability Example

    • Context: A case involving a woman who requested flexible working hours to care for her disabled child was denied the same flexibility granted to parents of able-bodied children

    • Relevant Directive: The 2000 EU directive required the UK to implement direct disability discrimination into domestic law, which was lacking in the Disability Discrimination Act 1995

    • Case: In Coleman v. Attridge Law, the European Court of Justice concluded that the UK had improperly implemented the directive by not incorporating discrimination based on association with disability

    • Outcome: The law was amended through the Equality Act 2010 to allow claims based on association with disability

Key EU Directives Relevant to Equality Law

  • Council Directive 2000/43/EC: Implemented equal treatment irrespective of racial or ethnic origin; known as the Race Directive

  • Framework Directive: Established obligations to implement equal treatment guarantee in employment on aspects such as age, disability, sexual orientation, and religion

  • Council Directive 2004/113/EC: Equal treatment principle extended beyond employment into access and supply of goods and services

  • Directive 2006/54/EC: Amended the principle of equal opportunities and equal treatment of men and women in employment matters

Future of EU Law Impact in the UK Post-Brexit

  • Uncertainty remains regarding the application of EU law impacted equality development in the UK after Brexit, necessitating discussion and further clarification

Questions for Reflection

  1. How has the case law of the Court of Justice of the European Union affected the development of domestic equality law?

  2. Why has EU equality law traditionally been implemented via secondary legislation rather than primary legislation?

Conclusion

  • As the course progresses, further exploration of how EU law influences domestic equality law will occur, highlighting its ongoing relevance as a legal framework