Blackstone's Guide to the Equality Act 2010 (Blackstone's Guides) by Wadham, John -- Read -- Imperial Library of Trantor

Index

Title Page Copyright Contents—Summary Contents—Detailed List of Contributors Table of Cases Table of Legislation 1. Introduction and Background

A. Territorial Application B. History and Sources of Equality Law in the UK

1. Background 2. Race and Sex Discrimination Law in the 1960s–1970s 3. Disability Discrimination 4. The Public Sector Duties 5. Provisions Entering UK Law as a Result of EU Directives

C. The Introduction and Passage of the Equality Act 2010

1. Consultation on the Policy 2. The Bill in Parliament: the House of Commons 3. The Bill in Parliament: the House of Lords

D. Structure of the Act E. Commencement F. Codes and Guidance

2. Protected Characteristics

A. Introduction B. Age

1. Introduction 2. Meaning of Age Group

C. Disability

1. Introduction 2. Meaning of Disability and Disabled Person 3. Long Term Effect 4. Recurring Conditions 5. Substantial Adverse Effect 6. Disregard for Medical Treatment and Other Measures 7. Severe Disfigurement 8. Normal Day-to-day Activities 9. Certain Medical Conditions 10. Progressive Conditions 11. Deemed Disability 12. Genetic Conditions

D. Gender Reassignment

1. Introduction 2. Meaning of Gender Reassignment

E. Marriage and Civil Partnership

1. Introduction 2. Meaning of Marriage and Civil Partnership

F. Race

1. Introduction 2. Meaning of Race 3. Ethnic Origins 4. National Origins 5. Meaning of a Racial Group

G. Religion or Belief

1. Introduction 2. Meaning of Religion or Belief 3. Meaning of Religion 4. Meaning of Belief 5. Religious Belief 6. Philosophical Belief 7. Manifestation of Religion or Belief

H. Sex

1. Introduction 2. Meaning of Sex

I. Sexual Orientation

1. Introduction 2. Meaning of Sexual Orientation

J. Pregnancy and Maternity

1. Introduction 2. The Protected Period 3. Pregnancy of Hers/Unfavourable Treatment Because of Own Pregnancy

3. Core Rights and Duties

A. Introduction B. Direct Discrimination

1. Comparator 2. Less Favourable Treatment 3. Causation

(a) Discrimination Because of an Association or Perception (b) Shared Protected Characteristics

4. Exceptions

(a) Age (b) Positive Action (c) Asymmetrical Protection Against Direct Disability Discrimination (d) Marriage and Civil Partnership (e) Sex, Pregnancy, and Maternity

5. Advertising an Intention to Discriminate

C. Discrimination Arising From Disability

1. Unfavourable Treatment 2. Causation 3. Justification 4. Knowledge 5. Relationship with Duty to Make Reasonable Adjustments

D. Gender Reassignment—Absence From Work E. Pregnancy and Maternity Discrimination

1. Non-work Cases 2. Work Cases 3. Causation 4. Unfavourable Treatment

F. Indirect Discrimination

1. Application of a Provision, Criterion, or Practice 2. Comparative Disadvantage 3. Justification 4. Motive

G. Reasonable Adjustments

1. The Limbs of the Duty 2. Substantial Disadvantage in Comparison with Persons Who are Not Disabled 3. Discharging the Duty 4. The Trigger for the Duty 5. Costs 6. Binding Obligations which Prevent Alterations

H. Harassment

1. Harassment Related to a Protected Characteristic

(a) Unwanted Conduct (b) Related to a Protected Characteristic (c) ‘Purpose’ or ‘Effect’ (d) The Proscribed Consequences

2. Sexual Harassment 3. Less Favourable Treatment Because of a Person’s Reaction to Harassment 4. Relationship with other Provisions

I. Victimization

1. Protected Acts 2. Subject to a Detriment 3. Causation

J. Burden of Proof

4. Employment Rights and Duties, Statutory Office Holders, and Volunteers

A. Introduction B. Employment

1. Applicants for Work and Employees 2. Gender Reassignment Discrimination 3. Pregnancy and Maternity Discrimination 4. Meaning of Employment 5. Volunteers 6. Illegality 7. Territorial Scope 8. Harassment

(a) Third Party Harassment (b) Harassment of a Sexual Nature (Sexual Harassment) (c) Discrimination because of a Person’s Reaction to Harassment of a Sexual Nature or Related to Gender Reassignment or Sex

9. Post Employment Discrimination and Harassment 10. Liability for Discrimination in Employment

(a) Employers (b) Employees (c) Contract Workers

11. Discrimination in Other Occupations

(a) Police Officers (b) Partnerships and Limited Liability Partnerships (LLPs) (c) Barristers and their Clerks (d) Office Holders

12. Qualification Bodies 13. Employment Service Providers 14. Trade Organizations 15. Local Authority Members 16. Pre-employment Enquiries about Disability and Health

C. Occupational Pensions Schemes D. The Duty to Make Reasonable Adjustments in Work

1. Generally 2. Application of the Duty to Different Work Contexts 3. Concurrent Duties to Make Reasonable Adjustments 4. Contract Workers

E. Exceptions to the Work Provisions

1. Occupational Requirements 2. Organized Religions 3. Organizations with an Ethos Based on Religion or Belief 4. Armed Forces 5. Age Exceptions

(a) Retirement (b) Service-related Benefits (c) Redundancy (d) Life Insurance (e) National Minimum Wage (f) Child Care

6. General Exceptions

(a) Maternity Leave Benefits (b) Benefits Dependent on Marital Status (c) Provision of Services to the Public (d) Insurance Contracts

5. Services, Public Functions, and Transport

A. Services and Public Functions

1. Introduction 2. Application of Part 3 3. What is a Service? 4. What is a Public Function? 5. What is Unlawful in Relation to Services? 6. The Duty to Make Reasonable Adjustments

(a) The Duty to Make Reasonable Adjustments in the Provision of Services (b) What Adjustments are ‘Reasonable’? (c) Making Reasonable Adjustments to Physical Features (d) The Duty to Make Reasonable Adjustments in the Exercise of Public Functions (e) Reasonable Adjustments to Premises

7. Services and Public Functions Exceptions

(a) Overview (b) General Exceptions (c) Schedule 3 Exceptions

8. Age Exceptions

B. Transport

1. Disability Discrimination and Transport Provision

(a) Introduction (b) Ships and Hovercrafts (c) Transport—Application of the Services Provisions (d) Transport—Reasonable Adjustments (e) Interpretation (f) Exceptions (g) Air Transport

2. Part 12—Disabled Persons’ Transport 3. Taxi Accessibility

(a) Generally (b) Designated Transport Facilities (c) Taxi Licences (d) Exemption from Taxi Accessibility Regulations (e) Passengers in Wheelchairs

4. Public Service Vehicles 5. Rail Vehicles

6. Premises and Education

A. Introduction B. Premises

1. Generally 2. Interpretation of Premises Provisions 3. Scope of the Provisions 4. Disposal and Management of Premises

(a) Disposal (b) Permission for Disposal (c) Management of Premises

5. Reasonable Adjustments

(a) Generally (b) Leasehold and Commonhold Premises (c) Knowledge of the Need for an Adjustment (d) The Duty to Make Reasonable Adjustments in Relation to Let Premises (e) The Duty to Make Reasonable Adjustments in Relation to Premises to Let (f) The Duty in Relation to Commonhold Units (g) Physical Features (h) The Duty to Make Reasonable Adjustments in Relation to Common Parts

6. Victimization 7. Improvements to Let Dwelling Houses 8. Exceptions

(a) Private Disposals of Premises by an Owner Occupier (b) Small Premises

C. Education

1. Introduction 2. Schools Scope 3. Interpretation 4. Disabled Pupils 5. Accessibility Strategies and Plans 6. Preparing and Implementing the Strategy 7. Preparing and Implementing the Accessibility Plan 8. Interpretation 9. Reasonable Adjustments 10. Exceptions

(a) Admission to Single-sex Schools, Single-sex Boarding at Schools, and Single-sex Schools Turning Co-Educational (b) Religious or Belief-related Discrimination (c) Disability Discrimination

11. Further and Higher Education

(a) Generally (b) What is Unlawful (c) Disabled Students and Prospective Students

12. Further and Higher Education Courses

(a) Generally (b) The Duty to Make Reasonable Adjustments

13. Recreational or Training Facilities

(a) Generally (b) The Duty to Make Reasonable Adjustments

14. Reasonable Adjustments and Education—Generally 15. Exceptions

(a) Generally (b) Single-sex Institutions (c) Transitional Exemption Order (d) Higher or Further Education Institutions (e) Institutions with a Religious Ethos (f) Benefits Dependent on Marital Status (g) Child Care (h) Educational Charities and Endowments

16. General Qualifications Bodies

(a) Generally (b) What is Unlawful (c) Limitations of the Provisions (d) Reasonable Adjustments

7. The Public Sector Equality Duty and the Socio-Economic Duty

A. Introduction B. The Public Sector Equality Duty

1. The Creation and Development of the Concept of a Public Sector Equality Duty

(a) The Single Equality Duty (b) The Relevance of Non-statutory Guidance (c) The Basic Content of the General Duty (d) Guidance on the Meaning of ‘Due Regard’ (e) Equality of Opportunity (f) Fostering Good Relations (g) Provisions Relating to Asymmetrical Treatment (h) To Whom Does the Duty Apply? (i) The New Specific Duties (j) Enforcement

2. Judicial Consideration of the Public Sector Duties

(a) When is the Duty Triggered and What Kind of Duty Is It? (b) The Meaning of ‘Due Regard’ (c) Relationship Between the General and the Specific Duties (d) Emergent Problems in Public Sector Duty Litigation

8. Public Procurement and Transparency in the Private Sector

A. Introduction B. Furthering Equality in Public Procurement Through the General Equality Duty

1. The Possibility under the Act for a Specific Public Procurement Equality Duty 2. The Proposed Scope of the Specific Public Procurement Duty 3. EU Control of Public Procurement 4. Award Criteria for Public Contracts 5. ECJ Case Law on Using Social Criteria in Public Procurement 6. Article 26 of the Public Sector Directive 7. Exclusion from Consideration: Serious Professional Misconduct 8. Putting the Procurement Equality Duty into Practice 9. The Equality Act (Statutory Duties) (Wales) Regulations 2011

C. Employment Data in the Public Sector D. Transparency in the Private Sector

1. Discussing Terms and Conditions of Employment with Colleagues

9. Enforcement

A. The Civil Courts

1. Jurisdiction 2. Time Limits in the Civil Courts 3. Remedies in the Civil Courts

B. Employment Tribunals

1. Jurisdiction in the Employment Tribunal 2. Time Limits in the Employment Tribunal 3. Remedies in the Employment Tribunal 4. National Security Cases

C. Equality of Terms (Equal Pay)

1. Time Limits 2. Assessment of Work of Equal Value 3. Remedies in Non-pension Cases 4. Remedies in Pension Cases

D. Criminal Offences E. Contracts and Other Agreements

F. Miscellaneous

1. Burden of Proof 2. Obtaining Information, etc. 3. Interest 4. Conduct Giving Rise to Separate Proceedings 5. Enforcement by the Equality and Human Rights Commission 6. Territoriality

10. Equality of Terms

A. Introduction B. Equality of Terms in Context

1. Equality of Terms and Discrimination Law 2. Equality of Terms and European Law

C. The Sex Equality Provisions

1. When Do the Sex Equality Provisions Apply? 2. Effect of a Sex Equality Clause or Rule

(a) Effect of a Sex Equality Clause—Contract Claims (b) Effect of a Sex Equality Rule—Pension Claims

3. What Must the Claimant Establish? 4. Equal Work

(a) Like Work (b) Work Rated as Equivalent (c) Work of Equal Value

5. Comparator

(a) Employment Claims (b) Claims by Office Holders (c) Comparators in Pension Claims

6. Terms 7. Material Factor Defence

(a) Material Factor Defence in Contract Claims (b) Material Factor Defence in Pension Claims

8. Exceptions to the Effect of a Sex Equality Clause or Rule 9. Sex Equality Rule—Limits on Retrospectivity

D. Maternity Equality

1. Equality in Pay: Maternity Equality Clause

(a) Exceptions (b) Effect

2. Equality in Pensions—Maternity Equality Rule

(a) When it Applies (b) Effect (c) Limitations on Application

11. Redressing the Balance: Positive Action, All-Woman Shortlists, Associations, and Trade Union Equality Representatives

A. Introduction B. What Positive Action is Permitted by European Law? C. International Equality Law D. Genuine Occupational Requirements E. The Position up to the Equality Act 2010 F. Positive Action in the Equality Act 2010 G. Positive Action in Relation to Work: Recruitment or Promotion

1. The Type of Permissible Action 2. What Do ‘Disadvantage’ and ‘Disproportionately Low’ Mean? 3. There Must Not be a Policy to Discriminate 4. ‘As qualified as’

H. Positive Action in Relation to Political Parties I. All-woman Shortlists J. Positive Action When Neither Section 159 Nor Section 104 Applies K. Positive Action and Human Rights: Temporary Measures L. Associations M. Trade Union Equality Representatives

12. International Obligations and the Human Rights Act

A. Introduction B. European Union Law

1. The Role of EU Law 2. The Scope of EU Law

(a) The TEU (b) The TFEU (c) Equality Directives (d) EU Charter of Fundamental Rights

3. Principles on the Implementation and Interpretation of EU Law 4. The Preliminary Ruling Procedure Before the CJEU

C. The European Convention on Human Rights and the Human Rights Act

1. The European Convention on Human Rights 2. The Relationship Between the Equality Act and the Human Rights Act 3. Significance of ECHR Rights for Equality Law

(a) Article 3 (b) Article 8 (c) Article 9

4. Article 14: the Right to Non-discrimination

(a) The Developing Importance of Article 14 (b) The Scope of Article 14 (c) Direct and Indirect Discrimination (d) Justification

D. The United Nations Conventions

Appendix: Equality Act 2010 (As Amended) Index Footnotes

Foreword Preface Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Appendix

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