Prohibition of Discrimination in UK Law

Leading Cases
  • Hall and another v Bull and another
    • Supreme Court
    • 27 Noviembre 2013

    To permit someone to discriminate on the ground that he did not believe that persons of homosexual orientation should be treated equally with persons of heterosexual orientation would be to create a class of people who were exempt from the discrimination legislation. We do not normally allow people to behave in a way which the law prohibits because they disagree with the law.

    Regard can also be had to the purpose of the Regulations, not as an aid to construction but in order to understand the problems they were meant to solve and how they proposed to solve them. The purpose was to secure that people of homosexual orientation were treated equally with people of heterosexual orientation by those in the business of supplying goods, facilities and services.

  • Jones v 3M Healthcare Ltd
    • House of Lords
    • 19 Junio 2003

    Dismissal is one of the matters in respect of which discrimination is expressly prohibited by the statutes. Parliament cannot have intended that this prohibition should include an appeal decision regarding dismissal if the appeal is heard before the dismissal takes effect but not if it is heard later. Nor can a sensible distinction be drawn between giving a reference the day before employment ends and giving a reference the day after.

    The preferable approach is to recognise that in each of the relevant statutory provisions the employment relationship is the feature which triggers the employer's obligation not to discriminate in the stated respects. This is the connection between two persons which Parliament has identified as requisite for these purposes. Once triggered, the obligation not to discriminate applies to all the incidents of the employment relationship, whenever precisely they arise.

  • Nagarajan v London Regional Transport
    • House of Lords
    • 15 Julio 1999

    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. Direct evidence of a decision to discriminate on racial grounds will seldom be forthcoming. Usually the grounds of the decision will have to be deduced, or inferred, from the surrounding circumstances.

  • English v Thomas Sanderson Blinds Ltd
    • Court of Appeal (Civil Division)
    • 19 Diciembre 2008

    If, as is common ground, tormenting a man who is believed to be gay but is not amounts to unlawful harassment, the distance from there to tormenting a man who is being treated as if he were gay when he is not is barely perceptible. In both cases the man's sexual orientation, in both cases imaginary, is the basis – that is to say, the ground —of the harassment.

  • Floyd v S (Equality and Human Rights Commission intervening)
    • Court of Appeal (Civil Division)
    • 18 Marzo 2008

    It was not aimed at protecting them from lawful litigation or at supplying them with a defence to breach of a civil law obligation.

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Legislation
  • Carriage of Goods (Prohibition of Discrimination) Regulations 1977
    • UK Non-devolved
    • 1 de Enero de 1977
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or ... ...
  • Employment Act 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ... ... Employment Act 19891989 c. 38An Act to amend the Sex Discrimination Act 1975 in pursuance of the Directive of the Council of the European ... 2) ... Discrimination as respects training ... 7: Prohibition of discrimination in connection with provision of training ... ...
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... 2020/518, reg. 2(e) ... Equal treatment etc ... 14: Non-discrimination, equal treatment and rights of workers etc ... (1) An appropriate ... provisions of the withdrawal agreement—(a) Article 12 (prohibition of discrimination on grounds of nationality) ;(b) Article 23 (right to ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • Protection against religious discrimination in the workplace
    • LexBlog United Kingdom
    The European Court of Human Rights has recently ruled in the cases of four individuals who were unsuccessful in their claims in the UK courts for religious discrimination at work.  All four applica...
  • Backdating Pension Rights: Restrictions For Civil Partners And Part-Timers Upheld
    • Mondaq UK
    ... ... is because those cases concerned claims of indirect sex discrimination (rather than being directly on the grounds of the claimants' status as ... He also argued that the prohibition of discrimination on the ground of sexual orientation is a fundamental ... ...
  • Direct Discrimination: Association And Perception
    • Mondaq United Kingdom
    ... ... On the other hand, in relation to sex, marital status, pregnancy, disability* and gender reassignment there is currently no clear prohibition of discrimination based on perception or association ... In practice Review all training materials and equality and diversity ... ...
  • Bereavement Damages Regime Unlawful
    • Mondaq UK
    ... ... (Right to respect for private and family life) and Article 14 (Prohibition of discrimination) of the ECHR, to the extent that it prevents cohabiting ... ...
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Forms
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... • an improvement or prohibition" notice issued under the Health and Safety at Work ... etc. Act 1974; ... \xE2\x80" ... has violated your rights or make a recommendation in a discrimination ... case that the respondent take action to reduce the likelihood of the ... ...
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