DOES THE LAW HELP OR HINDER EQUALITY, DIVERSITY AND INCLUSION?

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Presentation transcript:

DOES THE LAW HELP OR HINDER EQUALITY, DIVERSITY AND INCLUSION?

What is the law? Equality act 2010 Six types of discrimination Nine protected characteristics

Types of discrimination Direct Perceptive Associative Indirect Harassment victimisation

Protected characteristics Age Disability Marital status/civil partnership Maternity/pregnancy Race Religion/belief Sex Sexual orientation Transgender status (caste to be added)

Role of the employer Vicarious liability All that happens in the course of employment Jones v tower boot company [1996]

Creating an effective working environment Harassment is ‘unwanted conduct related to a protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.

The correct protection? RICHMOND PHARMACOLOGY LTD V DHALIWAL [2009] Quality solicitors cmht v tunstall [2014] Moonsar v fiveways express transport [2004]

LOOKING MORE WIDELY AT DISCRIMINATION LEGISLATION

Necessary protection? Archibald v fife council [2004] Webb v Emo cargo ltd [1994] British airways v starmer [2005]

Too much protection? Moyhing v barts and london nhs trust [2006] Amnesty international v ahmed [2009] Noah v desrosier t/a wedge [2009]

Too little protection? Quinlan v b&Q [1998] O’hanlon v commissioners of hmrc [2007] Serco ltd t/a west yorkshire transport v redfearn [2006]

Limitations of the law Sometimes a rather ‘blunt tool’ Gives a route of seeking remedy, but cannot stop discrimination Does it help or hinder?