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Discrimination and the Law 2nd ed

Malcolm Sargeant

ISBN13: 9781138745070
Previous Edition ISBN: 9780415631945
Published: October 2017
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £39.99



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Discrimination and the Law provides an exploration and evaluation of Discrimination Law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against ‘non-standard’ workers as well as the public sector equality duty.

The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation). Issues not covered by the legislation such as that relating to multiple discrimination and caste discrimination are also analysed.

Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter.

This is an essential introduction to the wide-ranging law relating to discrimination in the UK for both law, HRM and Business students.

Subjects:
Discrimination Law
Contents:
Preface ix
List of Tables x
Glossary of Acronyms xi
Table of Cases xii
Table of Legislation xvi
1. Equality 1
1.1 Purpose 2
1.2 How fair is Britain? 2
1.3 Equality 3
1.4 Stereotyping 5
1.5 Does discrimination still take place? 6
1.6 The grounds for discrimination 7
1.7 Multiple discrimination 9
1.8 Discrimination outside employment 11
1.9 Reflections 12
2. European Perspectives 13
2.1 The European Union 14
2.2 The Equality Directives 15
2.3 Facilities, goods and services 23
2.4 Human rights 23
2.5 Reflections 26
3. The Equality Act 2010 27
3.1 Introduction 28
3.2 The protected characteristics 28
3.3 Prohibited conduct 29
3.4 Burden of proof 36
3.5 Equality of terms 38
3.6 Remedies 39
3.7 Liability of employers and employees 40
3.8 Relationships that have come to an end 40
3.9 Aiding contraventions 40
3.10 Contracts 41
3.11 The Enterprise and Regulatory Reform Act 2013 41
3.12 Reflections 42
4. Age and Ageism 43
4.1 Introduction 44
4.2 Population ageing 45
4.3 Attitudes to age 46
4.4 The Framework Directive 48
4.5 Young workers 49
4.6 Unlawful actions 51
4.7 Direct and indirect discrimination 51
4.8 The Equality Act 2010 54
4.9 Reflections 56
5. Disability 57
5.1 Introduction 58
5.2 The United Nations Convention 59
5.3 The Equality Act 2010 60
5.4 The meaning of disability 61
5.5 Unfavourable treatment
5.6 Duty to make adjustments 66
576. Positive action 68
5.8 Recruitment 68
5.9 Reflections 69
6. Pregnancy and Maternity 70
6.1 Introduction 71
6.2 Discrimination 72
6.3 The Pregnant Workers Directive 73
6.4 Protection in the United Kingdom 74
6.5 The Maternity and Parental Leave etc. Regulations 1999 75
6.6 Employment rights 76
6.7 Protection from detriment 78
6.8 Protection from detriment and dismissal 79
6.9 Return to work 80
6.10 Reflections 80
7. Race, Colour, Ethnicity and Migrant Workers 82
7.1 Introduction 83
7.2 The Race Directive 84
7.3 The Equality Act 2010 84
7.4 Migrant workers 88
7.5 Reflections 95
8. Religion or Belief 96
8.1 Introduction 97
8.2 Religion 97
8.3 Belief 99
8.4 The Equality Act 2010 99
8.5 Occupational requirements relating to organised religion and belief 101
8.6 Manifestation of religious belief 102
8.7 Sexual orientation 104
8.8 The European Convention on Human Rights 105
8.9 The European Court of Human Rights 107
8.10 Reflections 108
9. Sex Equality 110
9.1 Introduction 111
9.2 Women and men 111
9.3 The European Union 112
9.4 The Equality Act 2010 113
9.5 Marriage or civil partnership 115
9.6 Older women 116
9.7 Equality of terms 118
9.8 Women on boards 122
9.9 Gender pay gap information and discussions about pay 123
9.10 Reflections 124
10. Sexual Orientation and Gender Reassignment 125
10.1 Introduction 126
10.2 Sexual orientation 126
10.3 LGBT 126
10.4 Gender reassignment 128
10.5 Marriage or civil partnership 131
10.6 Reflections 132
11. Discrimination In the workplace
11.1 Trade union membership and activities
11.2 Non-standard working
11.3 Public Sector Equality Duty
11.4 How to prevent discrimination in the workplace
11.5 Reflections
Appendix – Equality Act 2010 Part 2 133
Bibliography 143
Index 146