Prohibition of Discrimination in UK Law

Leading Cases
  • Hall and another v Bull and another
    • Supreme Court
    • 27 November 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 June 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 July 1999

    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.

  • English v Thomas Sanderson Blinds Ltd
    • Court of Appeal (Civil Division)
    • 19 December 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 March 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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Books & Journal Articles
  • The Outer Limits of the Prohibition of Discrimination on Grounds of Nationality: A Look through the Lens of Union Citizenship
    • Nbr. 18-1-2, March 2011
    • Maastricht Journal of European and Comparative Law
    This contribution analyses the outer limits of the EU prohibition of discrimination on the grounds of nationality. The first part considers the case law of the Court of Justice on the substantive s...
  • Enhancing the Protection of Third-Country Nationals against Discrimination: Putting EU Anti-Discrimination Law to the Test
    • Nbr. 18-1-2, March 2011
    • Maastricht Journal of European and Comparative Law
    Non-discrimination and migration constitute two areas of EU law and policy that have greatly evolved since the entry into force of the Amsterdam Treaty. Both are of particular relevance to third-co...
    ...... relevance to third-country nationals whos e status, mobility and integration may depen d highly on EU migration law and the EU’s prohibition of discrimination. In between th ese two  elds of EU law, there exists however a grey z one that remains insu ciently explored: it is a ......
  • Reasonable Accommodation for Religious Minorities: A Promising Concept for European Antidiscrimination Law?
    • Nbr. 17-2, June 2010
    • Maastricht Journal of European and Comparative Law
    In both the United States and Canada, the concept of reasonable accommodation first emerged in equality law as a means of handling religious diversity. It was then applied to other grounds of discr...
    ...... It was then applied to other grounds of discrimination, most notably disability. In the European Union, the evolution of ... a right to reasonable accommodation can be derived from the prohibition of discrimination based on religion laid down by the same Directive, or, ......
  • Fine-tuning non-discrimination law
    • Nbr. 15-1-2, March 2015
    • International Journal of Discrimination and the Law
    This article explores the outer and inner boundaries of the prohibition of discrimination on grounds of age as established by European Union (EU) law and implemented in a selected number of member ...
    ...... for differential treatment on the ground of age in EU law Elise Muir Abstract This article explores the outer and inner boundaries of the prohibition of discrimination on grounds of age as established by European Union (EU) law and implemented in a selected number of member states. The case law of ......
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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...
    ......, who are practising Christians, brought claims relying on Article 9 (freedom of thought, conscience and religion) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights. They claimed that UK law does not sufficiently protect their rights to freedom of ......
  • 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 statements/policies to ......
  • 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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