Equality

The Legal Framework
2. Auflage 2014
ISBN: 978-1-84946-639-4
Verlag: Hart Publishing

Buch, Englisch, 296 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 470 g

The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy.

From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history.'.

Autoren/Hrsg.

Hepple, Bob

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 The Aims of Equality Law

The Equality Act 2010

The Act since 2010

A History of Bits and Pieces

Meanings of Equality

The Unitary Human Rights Perspective

Respect for Equal Worth, Dignity and Identity as a Fundamental Human Right

Eliminating Status Discrimination and Prejudice

Consistent Treatment/Formal Equality

Removing Barriers to Equal Treatment

Equality of Opportunities, Capabilities, and Outcomes

Fairness

2 Protected Characteristics

Extent of Status Protection

Age

A Response to a 21st-century Challenge

Balancing Individual Dignity with the Rights and Interests of Others

Children

Disability

From Paternalism to Rights

Definition of 'Disability'

Race and Related Characteristics

The Changing Context of Race

Legal Definition of 'Ethnic Origin'

National Origin and Nationality

Caste

Religion or Belief
Sex and Related Characteristics

Sex and Gender

Gender Reassignment

Pregnancy and Maternity

Marriage and Civil Partnership

Sexual Orientation

3 Prohibited Conduct

Introduction

Direct Discrimination

Less Favourable Treatment

Levelling Down

Knowledge, Intention and Motivation

'Because of ' a Protected Characteristic
Perception and Association

Intersectional or Multiple Discrimination

Justification of Direct Age Discrimination

Indirect Discrimination

Harmonisation

Elements of the Tort

Knowledge, Intention and Motive

Justification

Disability Discrimination

Why Special Provisions?

More Favourable Treatment

Discrimination Arising from Disability

Duty to Make Reasonable Adjustments for Disabled People

Indirect Discrimination

Harassment

Victimisation

4 Work and Equal Pay

Introduction

Work

General Scope

Genuine Occupational Requirements

Religious Requirements

Mandatory Retirement Age

Seniority Rules

Equal Pay for Men and Women
The Long Struggle for Equal Pay

Relationship between Equality Clause and Sex Discrimination Claims

Hypothetical Comparators

Choice of Comparator

Genuine Material Factor (GMF) Defence

Collective Bargaining and Transitional Arrangements

Discussions about Pay

Gender Pay Gap Information

Mandatory Equal Pay Audits

5 Services, Premises, Education, Associations, and Other Unlawful Acts

Services and Public Functions

General Scope

Age Exceptions

Constitutional Functions

Armed Forces and Security Services

Immigration Functions

Religion or Belief Exceptions

Separate, Single-Sex, and Single-Group Services

Health and Care

Insurance

Broadcasting

Sport

Premises

Education

Exceptions Relating to Marriage etc, and Age

Exceptions Relating to Harassment

Exceptions Relating to Religion or Belief

Exception Relating to Single-Sex Institutions

Associations

Private Clubs

Political Parties
Other Unlawful Acts

Liability of Employers and Principals

Liability of Employees and Agents

Instructing, Causing or Inducing Contraventions

Aiding Contraventions

6 Advancement of Equality

Changing Organisational Policy and Behaviour

Positive Action

General Exception Relating to Positive Action Measures

Recruitment and Promotion

Political Parties

Charities

Public Sector Equality Duty

Purpose

The General and Specific Duties

Engagement

Contract and Subsidy Compliance

What Is Meant by 'Having Due Regard'?

Which Authorities Are Covered?

Enforcement

Review of the PSED

7 Enforcement

The Equality and Human Rights Commission

A Single Commission

Structure and Management of the Commission

General Powers and Duties

Human Rights

Enforcement Powers

Support for Individuals and the Provision of Conciliation

Resources

Individual Enforcement

County and Sheriff Courts

Employment Tribunals

Limiting Accessibility

Decline of Tripartism

Representative Actions

Equal Pay Procedure

Legal Assistance

Burden of Proof

Time Limits

Conciliation and Mediation

Compensation

Recommendations

8 An Appraisal

Harmonisation: Too Little or Too Much?

Changing Organisational Policy and Behaviour

Improving Enforcement

Limits of Law: Poverty and Disadvantage

Law and Politics

Über Autor(innen)

Hepple, Bob
Sir Bob Hepple KC, FBA was Emeritus Master of Clare College and Emeritus Professor of Law in the University of Cambridge. He was Honorary President of the Industrial Law Society and of the Equal Rights Trust. In 2013 the international Labour Law Research Network gave him an award for distinguished career contribution to labour law, and in 2014 he was awarded the South African Order of Luthuli (Gold) for his exceptional contribution to the struggle for human rights and democracy.

Sir Bob Hepple QC, FBA is Emeritus Master of Clare College and Emeritus Professor of Law in the University of Cambridge. He is Honorary President of the Industrial Law Society and of the Equal Rights Trust. In 2013 the international Labour Law Research Network gave him an award for distinguished career contribution to labour law, and in 2014 he was awarded the South African Order of Luthuli (Gold) for his exceptional contribution to the struggle for human rights and democracy.