Questions tagged [equality-act-2010]
33 questions
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Is it legal for a disability accomodation to inconvenience able-bodied people?
About 10 people and I cycle to work and have to swipe a card on a post to get through the gates.
Now, someone in a wheelchair has started working here too, and because the post's position was impossible for her to reach, the landlord has moved the…
Heddy
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Do soldiers have a greater duty to women and children than to men in case of a shipwreck?
The Queen’s Bench Division apparently affirmed this idea in R v. Dudley and Stephens suchly:
To preserve one's life is generally speaking a duty, but it may be the
plainest and the highest duty to sacrifice it. War is full of
instances in which it…
TylerDurden
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4
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What does criterion 2 of the Grainger test mean?
The second criterion of the Grainger Test when ascertaining if a belief is protected under the Equality act is:
The belief must not simply be an opinion or viewpoint based on the present state of information available
I don't quite understand…
Comic Sans Seraphim
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Is prosecutorial discretion subject to the public sector equality duty?
The Equality Act 2010 creates a duty on public sector entities to have consideration for equality in all decisions they take. Does this bear on prosecutorial offices and their exercises of prosecutorial discretion?
TylerDurden
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4
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Is the inability to bypass a duty free shopping area in UK airports a violation of the Equality Act?
In many airports in the United Kingdom, passengers are required to walk straight through a duty free shop (as in straight through it, not alongside its entrance) to get to the departure gates after completing security checks.
However, there may be…
gparyani
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If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?
This recent excellent answer discusses the Grainger test, and states:
(ii) It must be a belief and not an opinion or viewpoint based on the present state of information available.
Particularly, a political view believed because of evidence rather…
User65535
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When is age discrimination actually illegal?
Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this characteristic, such as to largely defang and neuter…
TylerDurden
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Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (the British equivalent of a protected class) over…
TylerDurden
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What is an example of “shifting the burden of proof”?
S136, Equality Act 2010 provides for “shifting the burden of proof”. Under relevant case law it is completely clear that the burden of proof has always remained on the claimant to make out a claim. So then, what does s136 even mean? What effect does…
TylerDurden
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What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?
S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section?
And is testimonial evidence with a statement of truth alone sufficient…
TylerDurden
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Is it legal to offer a scholarship only for female applicants?
Suppose an organisation offers training courses on a subject of general significance that could not in any stretch be said specific to either or the other gender.
And it offers free spaces on it under a "scholarship" that is only available for…
JosephCorrectEnglishPronouns
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Would a politically vegan establishment denying entry to one donning pro-carnivore slogans be pursuing proportional means to a legitimate aim?
Would the desire to maintain a vegan "safe space" be enough to deny one who ardently believes in the medical importance of eating animal flesh entry to their establishment?
Timothy
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Must Waitrose modify its free coffee machines for Barbara?
Waitrose has a policy of giving one free coffee from an automatic dispensing machine per day to its Waitrose card holders if they make any other purchase using their MyQaitrose card.
Barbara suffers a detriment because she comes in for her daily…
TylerDurden
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the meeting, she was informed of a potential dismissal…
0
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to many borrowers of all ages and frequently they…
TylerDurden
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