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Blackstone's Guide to the Equality Act 2010 2nd edition [Minkštas viršelis]

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  • Formatas: Paperback / softback, 552 pages, weight: 832 g
  • Išleidimo metai: 17-May-2012
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199651965
  • ISBN-13: 9780199651962
Kitos knygos pagal šią temą:
Blackstone's Guide to the Equality Act 2010 2nd editionDidesnis paveikslėlis
  • Formatas: Paperback / softback, 552 pages, weight: 832 g
  • Išleidimo metai: 17-May-2012
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199651965
  • ISBN-13: 9780199651962
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780199651962.html
Raktažodžiai:
The Equality Act 2010 was an extremely significant reform of UK discrimination law, consolidating the existing complex mass of statutory provisions into one statute. The Act brought new rights against discrimination and imposed new duties on employers, service providers and public authorities, and also introduced a new socio-economic duty on public authorities to reduce the inequalities of outcome which result from socio-economic disadvantage. It defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.

Much more is now known about the Equality Act in practice; amendments have been made to the Act itself (such as those made as a consequence of insurance premium and gender cases in the European Court of Justice) and statutory guidance to the Act has been produced. Case law on the new provisions is also starting to appear. This fully revised edition of Blackstone's Guide to the Equality Act 2010 covers all recent developments and clearly and concisely explains the intricacies of the Equality Act. Combining the full text of the Act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Recenzijos

The Act is an important new step towards building a society based on equality and human rights by rationalizing and modernising the law. So, the 4 expert authors, John Wadham, Anthony Robinson, David Ruebain and Susie Uppal, give us the additional tools to help us through the new maze and they do the job brilliantly. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers

List Of Contributors
xxvii
Table Of Cases
xxxiii
Table Of Legislation
xli
1 Introduction And Background
A Territorial Application
1(1)
B History and Sources of Equality Law in the UK
2(16)
1 Background
2(2)
2 Race and Sex Discrimination Law in the 1960s-1970s
4(3)
3 Disability Discrimination
7(2)
4 The Public Sector Duties
9(6)
5 Provisions Entering UK Law as a Result of EU Directives
15(3)
C The Introduction and Passage of the Equality Act 2010
18(17)
1 Consultation on the Policy
18(7)
2 The Bill in Parliament: the House of Commons
25(6)
3 The Bill in Parliament: the House of Lords
31(4)
D Structure of the Act
35(5)
E Commencement
40(8)
F Codes and Guidance
48
2 Protected Characteristics
A Introduction
1(2)
B Age
3(7)
1 Introduction
3(2)
2 Meaning of Age Group
5(5)
C Disability
10(37)
1 Introduction
10(3)
2 Meaning of Disability and Disabled Person
13(7)
3 Long Term Effect
20(5)
4 Recurring Conditions
25(4)
5 Substantial Adverse Effect
29(3)
6 Disregard for Medical Treatment and Other Measures
32(3)
7 Severe Disfigurement
35(1)
8 Normal Day-to-day Activities
36(6)
9 Certain Medical Conditions
42(1)
10 Progressive Conditions
43(1)
11 Deemed Disability
44(2)
12 Genetic Conditions
46(1)
D Gender Reassignment
47(5)
1 Introduction
47(1)
2 Meaning of Gender Reassignment
48(4)
E Marriage and Civil Partnership
52(3)
1 Introduction
52(1)
2 Meaning of Marriage and Civil Partnership
53(2)
F Race
55(7)
1 Introduction
55(1)
2 Meaning of Race
56(1)
3 Ethnic Origins
57(2)
4 National Origins
59(1)
5 Meaning of a Racial Group
60(2)
G Religion or Belief
62(12)
1 Introduction
62(1)
2 Meaning of Religion or Belief
63(3)
3 Meaning of Religion
66(2)
4 Meaning of Belief
68(1)
5 Religious Belief
69(1)
6 Philosophical Belief
70(3)
7 Manifestation of Religion or Belief
73(1)
H Sex
74(2)
1 Introduction
74(1)
2 Meaning of Sex
75(1)
I Sexual Orientation
76(5)
1 Introduction
76(1)
2 Meaning of Sexual Orientation
77(4)
J Pregnancy and Maternity
81
1 Introduction
81(6)
2 The Protected Period
87(4)
3 Pregnancy of Hers/Unfavourable Treatment Because of Own Pregnancy
91
3 Core Rights And Duties
A Introduction
1(2)
B Direct Discrimination
3(19)
1 Comparator
4(3)
2 Less Favourable Treatment
7(2)
3 Causation
9(3)
(a) Discrimination Because of an Association or Perception
12(1)
(b) Shared Protected Characteristics
13(1)
4 Exceptions
14(1)
(a) Age
15(1)
(b) Positive Action
16(1)
(c) Asymmetrical Protection Against Direct Disability Discrimination
17(1)
(d) Marriage and Civil Partnership
18(1)
(e) Sex, Pregnancy, and Maternity
19(2)
5 Advertising an Intention to Discriminate
21(1)
C Discrimination Arising From Disability
22(7)
1 Unfavourable Treatment
23(2)
2 Causation
25(1)
3 Justification
26(1)
4 Knowledge
27(1)
5 Relationship with Duty to Make Reasonable Adjustments
28(1)
D Gender Reassignment---Absence From Work
29(1)
E Pregnancy and Maternity Discrimination
30(9)
1 Non-work Cases
31(3)
2 Work Cases
34(3)
3 Causation
37(1)
4 Unfavourable Treatment
38(1)
F Indirect Discrimination
39(14)
1 Application of a Provision, Criterion, or Practice
42(2)
2 Comparative Disadvantage
44(4)
3 Justification
48(4)
4 Motive
52(1)
G Reasonable Adjustments
53(13)
1 The Limbs of the Duty
55(2)
2 Substantial Disadvantage in Comparison with Persons Who are Not Disabled
57(2)
3 Discharging the Duty
59(2)
4 The Trigger for the Duty
61(2)
5 Costs
63(1)
6 Binding Obligations which Prevent Alterations
64(2)
H Harassment
66(14)
1 Harassment Related to a Protected Characteristic
67(1)
(a) Unwanted Conduct
68(1)
(b) Related to a Protected Characteristic
69(2)
(c) `Purpose' or `Effect'
71(3)
(d) The Proscribed Consequences
74(1)
2 Sexual Harassment
75(1)
3 Less Favourable Treatment Because of a Person's Reaction to Harassment
76(2)
4 Relationship with other Provisions
78(2)
I Victimization
80(8)
1 Protected Acts
82(2)
2 Subject to a Detriment
84(2)
3 Causation
86(2)
J Burden of Proof
88
4 Employment Rights And Duties, Statutory Office Holders, And Volunteers
A Introduction
1(3)
B Employment
4(70)
1 Applicants for Work and Employees
5(4)
2 Gender Reassignment Discrimination
9(1)
3 Pregnancy and Maternity Discrimination
10(1)
4 Meaning of Employment
11(3)
5 Volunteers
14(6)
6 Illegality
20(1)
7 Territorial Scope
21(1)
8 Harassment
22(1)
(a) Third Party Harassment
23(5)
(b) Harassment of a Sexual Nature (Sexual Harassment)
28(1)
(c) Discrimination because of a Person's Reaction to Harassment of a Sexual Nature or Related to Gender Reassignment or Sex
29(1)
9 Post Employment Discrimination and Harassment
30(3)
10 Liability for Discrimination in Employment
33(1)
(a) Employers
33(1)
(b) Employees
34(2)
(c) Contract Workers
36(8)
11 Discrimination in Other Occupations
44(1)
(a) Police Officers
45(6)
(b) Partnerships and Limited Liability Partnerships (LLPs)
51(1)
(c) Barristers and their Clerks
52(1)
(d) Office Holders
53(6)
12 Qualification Bodies
59(3)
13 Employment Service Providers
62(2)
14 Trade Organizations
64(1)
15 Local Authority Members
65(1)
16 Pre-employment Enquiries about Disability and Health
66(8)
C Occupational Pensions Schemes
74(3)
D The Duty to Make Reasonable Adjustments in Work
77(9)
1 Generally
77(6)
2 Application of the Duty to Different Work Contexts
83(1)
3 Concurrent Duties to Make Reasonable Adjustments
84(1)
4 Contract Workers
85(1)
E Exceptions to the Work Provisions
86
1 Occupational Requirements
87(4)
2 Organized Religions
91(5)
3 Organizations with an Ethos Based on Religion or Belief
96(2)
4 Armed Forces
98(1)
5 Age Exceptions
99(1)
(a) Retirement
100(2)
(b) Service-related Benefits
102(3)
(c) Redundancy
105(1)
(d) Life Insurance
106(1)
(e) National Minimum Wage
107(1)
(f) Child Care
108(1)
6 General Exceptions
109(1)
(a) Maternity Leave Benefits
110(1)
(b) Benefits Dependent on Marital Status
111(1)
(c) Provision of Services to the Public
112(2)
(d) Insurance Contracts
114
5 Services, Public Functions, And Transport
A Services and Public Functions
1(111)
1 Introduction
1(3)
2 Application of Part 3
4(5)
3 What is a Service?
9(4)
4 What is a Public Function?
13(5)
5 What is Unlawful in Relation to Services?
18(8)
6 The Duty to Make Reasonable Adjustments
26(1)
(a) The Duty to Make Reasonable Adjustments in the Provision of Services
26(6)
(b) What Adjustments are `Reasonable'?
32(2)
(c) Making Reasonable Adjustments to Physical Features
34(2)
(d) The Duty to Make Reasonable Adjustments in the Exercise of Public Functions
36(2)
(e) Reasonable Adjustments to Premises
38(1)
7 Services and Public Functions Exceptions
39(1)
(a) Overview
39(5)
(b) General Exceptions
44(22)
(c) Schedule 3 Exceptions
66(41)
8 Age Exceptions
107(5)
B Transport
112
1 Disability Discrimination and Transport Provision
112(1)
(a) Introduction
112(2)
(b) Ships and Hovercrafts
114(1)
(c) Transport---Application of the Services Provisions
115(1)
(d) Transport---Reasonable Adjustments
116(10)
(e) Interpretation
126(4)
(f) Exceptions
130(1)
(g) Air Transport
131(1)
2 Part 12---Disabled Persons' Transport
132(2)
3 Taxi Accessibility
134(1)
(a) Generally
134(5)
(b) Designated Transport Facilities
139(6)
(c) Taxi Licences
145(2)
(d) Exemption from Taxi Accessibility Regulations
147(6)
(e) Passengers in Wheelchairs
153(29)
4 Public Service Vehicles
182(4)
5 Rail Vehicles
186
6 Premises And Education
A Introduction
1(1)
B Premises
2(92)
1 Generally
2(2)
2 Interpretation of Premises Provisions
4(1)
3 Scope of the Provisions
5(5)
4 Disposal and Management of Premises
10(1)
(a) Disposal
10(5)
(b) Permission for Disposal
15(7)
(c) Management of Premises
22(7)
5 Reasonable Adjustments
29(1)
(a) Generally
29(4)
(b) Leasehold and Commonhold Premises
33(1)
(c) Knowledge of the Need for an Adjustment
34(1)
(d) The Duty to Make Reasonable Adjustments in Relation to Let Premises
35(5)
(e) The Duty to Make Reasonable Adjustments in Relation to Premises to Let
40(4)
(f) The Duty in Relation to Commonhold Units
44(5)
(g) Physical Features
49(2)
(h) The Duty to Make Reasonable Adjustments in Relation to Common Parts
51(17)
6 Victimization
68(2)
7 Improvements to Let Dwelling Houses
70(11)
8 Exceptions
81(1)
(a) Private Disposals of Premises by an Owner Occupier
82(5)
(b) Small Premises
87(7)
C Education
94
1 Introduction
94(1)
2 Schools Scope
95(1)
3 Interpretation
96(16)
4 Disabled Pupils
112(3)
5 Accessibility Strategies and Plans
115(4)
6 Preparing and Implementing the Strategy
119(3)
7 Preparing and Implementing the Accessibility Plan
122(5)
8 Interpretation
127(4)
9 Reasonable Adjustments
131(6)
10 Exceptions
137(1)
(a) Admission to Single-sex Schools, Single-sex Boarding at Schools, and Single-sex Schools Turning Co-Educational
138(5)
(b) Religious or Belief-related Discrimination
143(4)
(c) Disability Discrimination
147(4)
11 Further and Higher Education
151(1)
(a) Generally
151(2)
(b) What is Unlawful
153(8)
(c) Disabled Students and Prospective Students
161(9)
12 Further and Higher Education Courses
170(1)
(a) Generally
170(8)
(b) The Duty to Make Reasonable Adjustments
178(6)
13 Recreational or Training Facilities
184(1)
(a) Generally
184(7)
(b) The Duty to Make Reasonable Adjustments
191(5)
14 Reasonable Adjustments and Education---Generally
196(5)
15 Exceptions
201(1)
(a) Generally
201(1)
(b) Single-sex Institutions
202(2)
(c) Transitional Exemption Order
204(2)
(d) Higher or Further Education Institutions
206(1)
(e) Institutions with a Religious Ethos
207(1)
(f) Benefits Dependent on Marital Status
208(1)
(g) Child Care
209(1)
(h) Educational Charities and Endowments
210(3)
16 General Qualifications Bodies
213(1)
(a) Generally
213(3)
(b) What is Unlawful
216(6)
(c) Limitations of the Provisions
222(1)
(d) Reasonable Adjustments
223
7 The Public Sector Equality Duty And The Socio-Economic Duty
A Introduction
1(3)
B The Public Sector Equality Duty
4
1 The Creation and Development of the Concept of a Public Sector Equality Duty
4(5)
(a) The Single Equality Duty
9(1)
(b) The Relevance of Non-statutory Guidance
10(3)
(c) The Basic Content of the General Duty
13(5)
(d) Guidance on the Meaning of `Due Regard'
18(1)
(e) Equality of Opportunity
19(1)
(f) Fostering Good Relations
20(1)
(g) Provisions Relating to Asymmetrical Treatment
21(1)
(h) To Whom Does the Duty Apply?
22(3)
(i) The New Specific Duties
25(5)
(j) Enforcement
30(1)
2 Judicial Consideration of the Public Sector Duties
31(1)
(a) When is the Duty Triggered and What Kind of Duty Is It?
32(5)
(b) The Meaning of `Due Regard'
37(6)
(c) Relationship Between the General and the Specific Duties
43(2)
(d) Emergent Problems in Public Sector Duty Litigation
45
8 Public Procurement And Transparency In The Private Sector
A Introduction
1(3)
B Furthering Equality in Public Procurement Through the General Equality Duty
4(49)
1 The Possibility under the Act for a Specific Public Procurement Equality Duty
9(6)
2 The Proposed Scope of the Specific Public Procurement Duty
15(3)
3 EU Control of Public Procurement
18(3)
4 Award Criteria for Public Contracts
21(3)
5 ECJ Case Law on Using Social Criteria in Public Procurement
24(17)
6 Article 26 of the Public Sector Directive
41(4)
7 Exclusion from Consideration: Serious Professional Misconduct
45(4)
8 Putting the Procurement Equality Duty into Practice
49(3)
9 The Equality Act (Statutory Duties) (Wales) Regulations 2011
52(1)
C Employment Data in the Public Sector
53(6)
D Transparency in the Private Sector
59
1 Discussing Terms and Conditions of Employment with Colleagues
59
9 Enforcement
A The Civil Courts
4(11)
1 Jurisdiction
4(4)
2 Time Limits in the Civil Courts
8(4)
3 Remedies in the Civil Courts
12(3)
B Employment Tribunals
15(14)
1 Jurisdiction in the Employment Tribunal
15(5)
2 Time Limits in the Employment Tribunal
20(3)
3 Remedies in the Employment Tribunal
23(3)
4 National Security Cases
26(3)
C Equality of Terms (Equal Pay)
29(15)
1 Time Limits
30(6)
2 Assessment of Work of Equal Value
36(2)
3 Remedies in Non-pension Cases
38(2)
4 Remedies in Pension Cases
40(4)
D Criminal Offences
44(2)
E Contracts and Other Agreements
46(6)
F Miscellaneous
52
1 Burden of Proof
52(2)
2 Obtaining Information, etc.
54(3)
3 Interest
57(1)
4 Conduct Giving Rise to Separate Proceedings
58(1)
5 Enforcement by the Equality and Human Rights Commission
59(19)
6 Territoriality
78
10 Equality Of Terms
A Introduction
1(5)
B Equality of Terms in Context
6(4)
1 Equality of Terms and Discrimination Law
6(3)
2 Equality of Terms and European Law
9(1)
C The Sex Equality Provisions
10(49)
1 When Do the Sex Equality Provisions Apply?
11(1)
2 Effect of a Sex Equality Clause or Rule
12(1)
(a) Effect of a Sex Equality Clause---Contract Claims
12(5)
(b) Effect of a Sex Equality Rule---Pension Claims
17(4)
3 What Must the Claimant Establish?
21(2)
4 Equal Work
23(1)
(a) Like Work
24(3)
(b) Work Rated as Equivalent
27(4)
(c) Work of Equal Value
31(2)
5 Comparator
33(4)
(a) Employment Claims
37(5)
(b) Claims by Office Holders
42(1)
(c) Comparators in Pension Claims
43(1)
6 Terms
44(1)
7 Material Factor Defence
45(1)
(a) Material Factor Defence in Contract Claims
45(8)
(b) Material Factor Defence in Pension Claims
53(2)
8 Exceptions to the Effect of a Sex Equality Clause or Rule
55(2)
9 Sex Equality Rule---Limits on Retrospectivity
57(2)
D Maternity Equality
59
1 Equality in Pay: Maternity Equality Clause
60(1)
(a) Exceptions
61(1)
(b) Effect
62(6)
2 Equality in Pensions---Maternity Equality Rule
68(1)
(a) When it Applies
68(1)
(b) Effect
69(3)
(c) Limitations on Application
72
11 Redressing The Balance: Positive Action, All-Woman Shortlists, Associations, And Trade Union Equality Representatives
A Introduction
1(6)
B What Positive Action is Permitted by European Law?
7(6)
C International Equality Law
13(1)
D Genuine Occupational Requirements
14(1)
E The Position up to the Equality Act 2010
15(3)
F Positive Action in the Equality Act 2010
18(1)
G Positive Action in Relation to Work: Recruitment or Promotion
19(29)
1 The Type of Permissible Action
20(2)
2 What Do `Disadvantage' and `Disproportionately Low' Mean?
22(8)
3 There Must Not be a Policy to Discriminate
30(1)
4 `As qualified as'
31(17)
H Positive Action in Relation to Political Parties
48(5)
I All-woman Shortlists
53(4)
J Positive Action When Neither Section 159 Nor Section 104 Applies
57(13)
K Positive Action and Human Rights: Temporary Measures
70(3)
L Associations
73(7)
M Trade Union Equality Representatives
80
12 International Obligations And The Human Rights Act
A Introduction
1(5)
B European Union Law
6(50)
1 The Role of EU Law
6(3)
2 The Scope of EU Law
9(1)
(a) The TEU
10(3)
(b) The TFEU
13(4)
(c) Equality Directives
17(16)
(d) EU Charter of Fundamental Rights
33(5)
3 Principles on the Implementation and Interpretation of EU Law
38(9)
4 The Preliminary Ruling Procedure Before the CJEU
47(9)
C The European Convention on Human Rights and the Human Rights Act
56(38)
1 The European Convention on Human Rights
56(1)
2 The Relationship Between the Equality Act and the Human Rights Act
57(3)
3 Significance of ECHR Rights for Equality Law
60(1)
(a) Article 3
61(5)
(b) Article 8
66(8)
(c) Article 9
74(7)
4 Article 14: the Right to Non-discrimination
81(1)
(a) The Developing Importance of Article 14
81(3)
(b) The Scope of Article 14
84(4)
(c) Direct and Indirect Discrimination
88(4)
(d) Justification
92(2)
D The United Nations Conventions
94(161)
Appendix: Equality Act 2010 (As Amended) 255(216)
Index 471
John Wadham is the General Counsel for the Equality and Human Rights Commission (EHRC), a solicitor, and a recognized expert on human rights and equality. He has acted for clients in most of the courts and tribunals in this country, including in the High Court, Court of Appeal, House of Lords and Supreme Court and specialized in cases before the European Court of Human Rights in Strasbourg. He is the co-author of the Blackstone's Guide to the Human Rights Act, Blackstone's Guide to the Freedom of Information Act, and Blackstone's Guide to the Identity Cards Act. John was also a member of the Government's Human Rights Act Task Force. Before moving to the EHRC John spent four years as the full time Deputy Chair of the Independent Police Complaints Commission. John was previously the Director of Liberty (the human rights organization). John has a first degree from the London School of Economics and an MSc. from the University of Surrey. David Ruebain is currently a non-practising solicitor and had previously practised for 21 years. In June 2010, he took up the post of Chief Executive at the Equality Challenge Unit, which seeks to advance equality in the higher education sector in the UK. Prior to that, David was Director of Legal Policy at the EHRC and, before that, a partner at, and the founder of a department of, education and disability law with Levenes Solicitors. David is also an ADR group accredited mediator, a founding member of The Times Newspaper Law Panel, and a past equality law adviser to the FA Premier League. He has published widely and taught nationally and internationally on education, equality, and disability law and practice. David is the winner of RADAR's People of the Year Award for Achievement in the Furtherance of Human Rights of Disabled People in the UK, 2002. He was also shortlisted for the Law Society's Gazette Centenary Award for Lifetime Achievement-Human Rights, in November 2003. Anthony Robinson is a solicitor and non-practising barrister and is the Director of Casework & Litigation at the ECHR. He was previously the Legal Director at the Commission for Racial Equality and prior to that worked in local government and in a law centre. He has a professional interest in equality and human rights as well as his previous areas of practice in education law, coroners law, public law and employment & pensions. He has acted in many notable cases in the tribunals as well as in all levels of the court system including the Court of Appeal and House of Lords. Susie Uppal is a non-practising solicitor and is an ombudsman at The Legal Ombudsman. She was previously the Director of Legal Enforcement at the Equality and Human Rights Commission and before that Head of Enforcement for the Gambling Commission. She has also conducted forensic investigations for the Solicitors Regulation Authority having been in private practice herself for over 14 years. She is a currently member of the Regulatory Affairs Board of the Law Society. In addition to leading a number of high profile investigations, inquiries and actions in domestic courts and European courts she has a wealth of experience in change management and operational delivery.