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The concept that it is unlawful for an individual to discriminate against another on the grounds of his race.
The concept of race discrimination is set out as a statutory right in the Equality Act 2010. This Act makes it unlawful for an individual to discriminate against another on the grounds of his race (whether directly or indirectly), or to victimise or harass him on the grounds of his race.
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This Practice Note examines direct discrimination under the Equality Act 2010 (EqA 2010).This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law.To the extent that it implemented UK obligations under EU law (such as the obligation to implement a Directive such as Directive 2000/78/EC, the Equal Treatment Framework Directive), before 1 January 2024, EqA 2010 was retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated law.EHRC Code of Practice and guidanceThe EHRC has published a statutory Code of Practice on...
This Practice Note considers unlawful indirect discrimination under the Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law prohibiting direct discrimination aims to achieve formal equality of treatment: there must be no less favourable treatment between otherwise similarly situated people on grounds of a protected characteristic•the law prohibiting indirect discrimination looks beyond formal equality towards a more substantive equality of results: criteria which appear neutral on their face may have a disproportionately adverse impact upon people of a particular protected characteristicThe main difference between the two is that indirect discrimination can be justified if it is a proportionate means of achieving a legitimate aim; direct discrimination cannot be justified, except in the case of age.For information on direct discrimination generally, see Practice Note: Direct discrimination.In the context of the protected characteristic of sex, examples of indirect discrimination might include:•an employer specifying that all workers must be at least...
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ET1 grounds of claim—direct race discrimination [Insert in para 8.2 of claim form ET1:] 1 The Claimant is of [Asian] origin and the Respondent carries on the business of a motor garage at [insert address]. 2 On [insert date], the Claimant applied to the Respondent for a job as a mechanic at the said premises. 3 On [insert date], the Claimant was informed by the works manager that there was no job available. 4 On or about [insert date], the Claimant discovered that the Respondent had since offered employment as a mechanic to [insert name], a [white English worker]. 5 The Claimant contends that he was treated less favourably because of his
List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it...
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Is it lawful for an employer to pay an employee on a fixed-term contract more than an employee on a permanent contract of employment? In the first instance, the relevant statutory provisions which apply in these circumstances are, of course, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations, SI 2002/2034 (FTE Regulations 2002). One needs, however, to consider that there are two different types of discrimination provisions: those that protect all employees (ie universal provisions) and those that protect only a specified, defined group. An example of the former is section 11 of the Equality Act 2010 (EqA 2010), which defines the protection afforded to the protected characteristic of sex. All employees of both sexes enjoy the protection. Hence, both male and female employees can pursue claims of sex discrimination if the factual matrix warrants such a claim. The same applies to the protected characteristics of, for example, race and age. All employees of every age and race potentially enjoy the protections afforded by EqA...
When should an employer ask a prospective employee/worker if he has the right to work in the UK? Scope of this answer This answer covers: • the need to ask all job applicants if they need permission to work in the UK, to avoid the penalties for employing someone illegally • the need to do so carefully to avoid race discrimination claims • the checking process in relation to the right to work • the consequences of getting it wrong in terms of potential discrimination claims or employing a worker who does not have permission to work. For further general information on this topic, see: • The right to work in the UK—settled status and British citizenship • EEA nationals—rights [Archived] • EEA nationals—restrictions [Archived] • Non-EEA nationals—permission to enter and work in the UK [Archived] • Illegal workers—civil and criminal sanctions • Pre-employment checks—Establishing the right to work in the UK Relevant Codes of Practice You and your client should consider the provisions of: •...
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Law360: The Court of Appeal on 2 December 2024 upheld the Employment Appeal Tribunal’s (EAT) decision to overturn an Employment Tribunal's ruling that a regulator discriminated against a British actuary by giving preferential treatment to Indian nationals.
This edition of Employment weekly highlights includes: (1) analysis from Darshan Patel of Old Square Chambers, Nicholas Chronias of DAC Beachcroft LLP, and James Wynne of Littleton Chambers of a Supreme Court decision on ‘check-off arrangements’ and whether a trade union has the right to sue as a third party for breach of an employment contract between the employer and employee, (2) an EAT decision on holiday back pay post-Agnew, (3) the Labour Market Enforcement Strategy for 2024 to 2025, (4) a Bill enacting changes to National Insurance Contributions, (5) an EAT judgment about the test to be applied when deciding whether a claimant with recurring symptoms has a disability, (6) the Bar Council’s response to the Bar Standards Board’s proposed amendments to equality rules, (7) an employment tribunal decision awarding compensation for failure to make reasonable adjustments for endometriosis and anxiety, (8) a call from the Social Mobility Foundation for mandatory class pay gap reporting, (9) results of a survey on discrimination faced by neurodivergent individuals during recruitment, (10)...
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(1) Race includes—(a) colour;(b) nationality;(c) ethnic or national origins.(2) In relation to the protected characteristic of race—(a) a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;(b) a reference to persons who share a protected characteristic is a reference to persons of the same racial group.(3) A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.(4) The fact that a
(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.(2) If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.(3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.(4) If the protected characteristic
Race discrimination is referenced 7 in UK Parliament Acts
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