DISCRIMINAYION A GUIDE TO THE RELEVANT CASE LAWPDF电子书下载

1. EXCLUSIONS, EXCEPTIONS AND PRELIMINARY ISSUES 1

Meaning of"employment" 2

Claim in time 3

Extension 4

Continuing discrimination 5

Examples 5

Contracting out 6

Immunity 7

Death of claimant 7

Bankruptcy of claimant 7

Acts authorised by statute or the executive 7

Discovery and particulars 8

General principles 8

Confidential documents 9

Particulars 9

Obtaining information 10

2. DEFINITIONS OF DISCRIMINATION 11

Direct discrimination 12

Burden of proof 12

Meaning of"less favourable" 12

Discriminatory treatment 13

Motive 13

Stereotypical assumptions 14

Causation 14

Statutory comparison 14

Evidence 15

Standard of proof 15

Scope of evidence 18

Vicarious discrimination 19

Associative discrimination 19

3. INDIRECT DISCRIMINATION 21

General principles 22

Provision, criterion or practice 22

Disproportionate impact 22

Pool for comparison 22

Proportionate comparison 23

Whether particular disadvantage to claimant 23

Justifiable 23

Standard of proof 23

Tribunal discretion 25

4. HARASSMENT 27

Third-party harassment 30

5. VICTIMISATION 31

General principles 32

Standard of proof 32

Specific examples 32

6. EMPLOYER LIABILITY 35

Defence 36

Secondary liability 37

Other unlawful acts 37

Aiding unlawful acts 37

Instructing, causing or inducing contraventions 38

7. DISCRIMINATION BY EMPLOYERS ANDNON-EMPLOYERS 39

Selection arrangements 40

Offer of employment 40

Detrimental treatment 40

Discrimination against contract workers 40

Discrimination by trade organisations 42

Discrimination by qualifications bodies 42

8. INDIVIDUAL REMEDIES 45

Compensation 46

General principles 46

Aggravated damages 47

Exemplary damages 48

Psychiatric injury 48

Injury to feelings 49

Unintentional indirect discrimination 50

Mitigation 51

Action recommendation 51

Remedies under EU law 51

Direct enforcement 51

Sanctions 53

Time limits 53

9. PROTECTED CHARACTERISTICS 55

AGE 56

EU age discrimination law 56

Occupational requirements 57

Measures to protect public security and health 57

Direct discrimination 58

Justification 58

General principles 58

Retirement 59

Terms and conditions 59

UK age discrimination law 60

Direct discrimination 60

Discrimination by employers 61

Dismissal 62

Benefits based on length of service 62

Contractual redundancy scheme 62

DISABILITY 63

EU disability discrimination law 63

UK disability discrimination law 63

Meaning of disability 63

General approach 63

Meaning of impairment 64

Excluded conditions 65

Long-term effects 65

Normal day-to-day activities 66

Recurring conditions 67

Substantial adverse effect 67

Severe disfigurement 68

Effect of medical treatment 68

Progressive conditions 69

Employment discrimination 69

Direct discrimination 69

Duty to make reasonable adjustment 70

Provision, criterion or practice 70

When duty applies 70

Failure to make reasonable adjustment 72

Victimisation 73

Disability discrimination by employers 73

Dismissal 73

Remedies 74

Compensation 74

GENDER REASSIGNMENT 74

PREGNANCY AND MATERNITY 75

EU pregnancy and maternity discrimination law 75

Pregnancy and sex discrimination 75

Pregnancy and working conditions 76

Pregnancy and dismissal 76

UK pregnancy and mnternity discrimination law 78

Compensation 79

RACE DISCRIMINATION 80

EU race discrimination law 80

Grounds of race 80

UK race discrimination law 80

Meaning of race 80

Vicarious discrimination 81

Segregation 82

Direct discrimination 82

Discriminatory treatment 82

Motive 82

Stererotypical assumptions 82

Statutory comparison 82

Indirect discrimination 82

Discrimination by employers 82

Promotion, transfer or training 82

Detrimental treatment 83

RELIGION OR BELIEF DISCRIMINATION 83

EU religion or belief discrimination law 83

UK religion or belief discrimination law 83

Meaning of religion or belief 83

Exclusions and exceptions 84

Occupational requirements 84

Direct discrimination 84

Statutory comparison 84

Indirect discrimination 85

Disproportionate impact 85

Justifiable 85

Harassment 85

SEX DISCRIMINATION 86

EU sex discrimination law 86

Sex as a determining factor 86

Positive action 86

Access to jobs 87

Access to training 88

Working conditions and dismissal 88

Discriminatory retirement ages 88

Indirect discrimination under EC law 88

UK sex discrimination law 90

Direct discrimination under UK law 90

Indirect discrimination 90

Disproportionate impact 90

Justifiable 90

SEXUAL ORIENTATION DISCRIMINATION 91

EU sexual orientation discrimination law 91

UK sexual orientation discrimination law 91

Organised religion 91

Direct discrimination 92

Harassment 92

10. EQUAL PAY 95

EU equal pay law 95

Claim in time 96

Same work 97

Burden of proof 97

Meaning of "pay" 98

Legislation 98

Collective agreements 99

Overtime 99

Sick pay 100

Pregnancy 100

Maternity pay 100

Parental leave 101

Time off 101

Pension schemes 102

Scope of Article 141 102

Temporal limitation 104

Admission 105

Bridging pensions 106

Notice payment 106

Redundancy payment 106

Severance pay 107

Unfair dismissal compensation 107

Travel facilities 107

UK equal pay law 107

Claim in time 107

Reference by court to tribunal 109

Choice of comparator 109

Common terms and conditions 110

Associated employers 111

Like work 112

Differences of practical importance 112

Responsibility 112

Time of work 113

Work rated as equivalent 113

Equal value 114

Scope for comparison 114

Job evaluation 114

Burden of proof 115

Work rated unequal 115

Independent expert's report 116

Defences 117

Burden of proof 117

Grounds for the pay difference 118

Sex discrimination 119

Specific defences 120

Collective agreements 120

Quality of work 120

Productivity 120

Additional obligations 121

Training 121

Service payments 121

Protected pay 121

Financial constraints 122

Hours of work 123

Market forces 123

Effect of the equality clause 124

Remedies 126