Discrimination in UK Law
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James v Eastleigh Borough Council
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This is because, as I see it, cases of direct discrimination under section 1(1)( a) can be considered by asking the simple question: would the complainant have received the same treatment from the defendant but for his or her sex?
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Madarassy v Nomura International Plc
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The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal “could conclude” that, on the balance of probabilities, the respondent had committed an unlawful act of discrimination.
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Hendricks v Commissioner of Police for the Metropolis
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She is, in my view, entitled to pursue her claim beyond this preliminary stage on the basis that the burden is on her to prove, either by direct evidence or by inference from primary facts, that the numerous alleged incidents of discrimination are linked to one another and that they are evidence of a continuing discriminatory state of affairs covered by the concept of "an act extending over a period."
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R (Carson) v Secretary of State for Work and Pensions
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If this prerequisite is satisfied, the essential question for the court is whether the alleged discrimination, that is, the difference in treatment of which complaint is made, can withstand scrutiny. There may be such an obvious, relevant difference between the claimant and those with whom he seeks to compare himself that their situations cannot be regarded as analogous.
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R v Birmingham City Council, ex parte Equal Opportunities Commission
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There is discrimination under the statute if there is less favourable treatment on the ground of sex, in other words if the relevant girl or girls would have received the same treatment as the boys but for their sex.
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Glasgow City Council v Zafar (No.2)
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If he is not a reasonable employer he might well have treated another employee in just the same unsatisfactory way as he treated the complainant in which case he would not have treated the complainant "less favourably" for the purposes of the Act of 1976. The fact that, for the purposes of the law of unfair dismissal, an employer has acted unreasonably casts no light whatsoever on the question whether he has treated the employee "less favourably" for the purposes of the Act of 1976.
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Nagarajan v London Regional Transport
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Thus, in every case it is necessary to enquire why the complainant received less favourable treatment. Or was it for some other reason, for instance, because the complainant was not so well qualified for the job? Save in obvious cases, answering the crucial question will call for some consideration of the mental processes of the alleged discriminator. Treatment, favourable or unfavourable, is a consequence which follows from a decision.
- Religious Discrimination
- Racial Discrimination
- Pregnancy Discrimination
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Invisible discrimination
With the advent and popularity of social networking sites, the boundaries of the relationship between the employer and employee/prospective employee have stretched well beyond the workplace and wor...
- Preventing Workplace Discrimination
- Combat Workplace Discrimination
- Interim Relief In Discrimination Claims
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Age discrimination: hitting the headlines
Age discrimination has featured in the news multiple times this month. Acas published new guidance on age discrimination at work, and an 88-year-old medical secretary, Eileen Jolly, became the olde...
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Disability discrimination claim by a parent
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
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Disability discrimination claim by Young Person
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
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Disability discrimination claim after permanent exclusion - parent
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
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Disability discrimination claim after permanent exclusion - young person
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.