1. Prohibited Conduct
Direct Discrimination (s.13)
- Definition: less favourable treatment see B v A
NB: Discrimination by association see
EBR Attridge v Coleman
Possible defence genuine occupational requirement
(GRO)
A good motive is no defence see Moyhing v Barts NHS

2. (ii) Indirect discrimination (s.19)
More subtle than direct, for example a height requirement
Definition: a requirement which has a disproportionate adverse effect on people with a “pc”.
Defence: Proportionate means of achieving a legitimate end see the case of Azmi v Kirklees MBC
Harassment (s.26)
Definition: Unwanted conduct which is offensive; sexual harassment, or treating someone less favourably because they have submitted to or rejected sexual harassment, sex or gender reassignment
A single act or comment may be enough see Richmond Pharmacology v Dhaliwal and In Situ Cleaning Co. Ltd. V Heads

3. (iv) Victimisation (s.27)
Definition: Where someone subjects another to a detriment because they have complained or made allegations of discrimination under the Act
Example: An employer gives someone a bad reference
because they made a complaint of sexual
harassment against a colleague
NB: Like for like comparison under s. 23 in cases of direct
and indirect discrimination
NB: Discrimination at work s. 39 from hiring through to
termination

4. Employers Liability
S.109 employers are vicariously liable for the actions of
employees
Example:
See the case of Chief Constable of Lincolnshire
Police v Stubbs and Burton and Rhule v De Vere Hotels
S. 40 employers are liable for harassment by a third party if they know it has taken place and fail to take reasonable steps to prevent it happening again

5. Defences
(i) Genuine Occupational Requirement (GOR)
It may be lawful for an employer to state that applicants
for a job must have a particular protected characteristic
Example:
NB: Difficult to prove as employers must show that they
cannot achieve their aim in another non-discriminatory way
See Wylie v Dee & Co (Menswear) Ltd

6. (ii) Objectively Justified Discrimination
May be justified as “a proportionate means of achieving a
legitimate aim”
Example:
NB: Not available for direct discrimination except age
Remedies
Under s.123 make a complaint to ET within three months of the occurrence of the act complained of
Compensation