EMP5
DISCRIMINATION
Background - The general common law rule is that an employer is free to offer employment to
whomsoever it chooses, but this freedom has been restricted by statute
- The employer may be in breach of statutory requirements if it discriminates against a
person on the following grounds (the ‘protected characteristics’)
Influence of EU law on discrimination law, in particular:
- the Equal Treatment Directive (76/207) (as amended);
- the Race Discrimination Directive (2000/43);
- Article 157 TFEU (ex 141 EC);
- the Framework Directive for Equal Treatment in Employment and Occupation (2000/ 78);
- the Race Discrimination Directive (2000/43).
Protected ‘Protected Characteristics’
characteristics a. sex or marital status;
b. gender reassignment;
c. race;
d. religion or belief;
e. sexual orientation;
f. trade union membership;
g. part-time work;
h. age;
i. disability;
j. fixed (limited)-term work;
k. pregnancy and maternity.
Who is - The Equality Act 2010 protects:
protected? employees (s 39)
job applicants (s 39)
contract workers (s 41)
office holders (s 50)
trade union members (s 57)
employees after their employment has ended (s 108)
Definition of - Section 83(2) of the Equality Act 2010 defines ‘Employment’ as ‘employment under a
employment contract of employment, a contract of apprenticeship or a contract personally to do
work’
- This definition is wider than the definition of ‘employee’ in s 230(1) of the ERA 1996
- Sections 39 and 40 make it unlawful for an employer to discriminate against, or to
harass or to victimise employees and people seeking work
- Section 41 makes it unlawful for a person (referred to as a ‘principal’) who makes
work available to contract workers to discriminate against, harass or victimise them
- Section 108 makes it unlawful to discriminate against or harass someone after a
relationship covered by the Act has ended
Interpretation - Section 137 provides that any final finding in a claim brought under the previous
discrimination legislation is to be treated as conclusive in proceedings under 2010 Act
DISCRIMINATION
Background - The general common law rule is that an employer is free to offer employment to
whomsoever it chooses, but this freedom has been restricted by statute
- The employer may be in breach of statutory requirements if it discriminates against a
person on the following grounds (the ‘protected characteristics’)
Influence of EU law on discrimination law, in particular:
- the Equal Treatment Directive (76/207) (as amended);
- the Race Discrimination Directive (2000/43);
- Article 157 TFEU (ex 141 EC);
- the Framework Directive for Equal Treatment in Employment and Occupation (2000/ 78);
- the Race Discrimination Directive (2000/43).
Protected ‘Protected Characteristics’
characteristics a. sex or marital status;
b. gender reassignment;
c. race;
d. religion or belief;
e. sexual orientation;
f. trade union membership;
g. part-time work;
h. age;
i. disability;
j. fixed (limited)-term work;
k. pregnancy and maternity.
Who is - The Equality Act 2010 protects:
protected? employees (s 39)
job applicants (s 39)
contract workers (s 41)
office holders (s 50)
trade union members (s 57)
employees after their employment has ended (s 108)
Definition of - Section 83(2) of the Equality Act 2010 defines ‘Employment’ as ‘employment under a
employment contract of employment, a contract of apprenticeship or a contract personally to do
work’
- This definition is wider than the definition of ‘employee’ in s 230(1) of the ERA 1996
- Sections 39 and 40 make it unlawful for an employer to discriminate against, or to
harass or to victimise employees and people seeking work
- Section 41 makes it unlawful for a person (referred to as a ‘principal’) who makes
work available to contract workers to discriminate against, harass or victimise them
- Section 108 makes it unlawful to discriminate against or harass someone after a
relationship covered by the Act has ended
Interpretation - Section 137 provides that any final finding in a claim brought under the previous
discrimination legislation is to be treated as conclusive in proceedings under 2010 Act
