Equality The Legal Framework 2nd Edition by Bob Hepple 1849466394 9781849466394

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ISBN 10: 1849466394 

ISBN 13: 9781849466394

Author: Bob Hepple

The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC ‘This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history…’.

Table of contents:

1 The Aims of Equality Law
The Equality Act 2010
The Act since 2010
A History of Bits and Pieces
Meanings of Equality
The Unitary Human Rights Perspective
Respect for Equal Worth, Dignity and Identity as a Fundamental Human Right
Eliminating Status Discrimination and Prejudice
Consistent Treatment/Formal Equality
Removing Barriers to Equal Treatment
Equality of Opportunities, Capabilities, and Outcomes
Fairness

2 Protected Characteristics
Extent of Status Protection
Age
A Response to a 21st-century Challenge
Balancing Individual Dignity with the Rights and Interests of Others
Children
Disability
From Paternalism to Rights
Definition of ‘Disability’
Race and Related Characteristics
The Changing Context of Race
Legal Definition of ‘Ethnic Origin’
National Origin and Nationality
Caste
Religion or Belief
Sex and Related Characteristics
Sex and Gender
Gender Reassignment
Pregnancy and Maternity
Marriage and Civil Partnership
Sexual Orientation

3 Prohibited Conduct
Introduction
Direct Discrimination
Less Favourable Treatment
Levelling Down
Knowledge, Intention and Motivation
‘Because of’ a Protected Characteristic
Perception and Association
Intersectional or Multiple Discrimination
Justification of Direct Age Discrimination
Indirect Discrimination
Harmonisation
Elements of the Tort
Knowledge, Intention and Motive
Justification
Disability Discrimination
Why Special Provisions?
More Favourable Treatment
Discrimination Arising from Disability
Duty to Make Reasonable Adjustments for Disabled People
Indirect Discrimination
Harassment
Victimisation

4 Work and Equal Pay
Introduction
Work
General Scope
Genuine Occupational Requirements
Religious Requirements
Mandatory Retirement Age
Seniority Rules
Equal Pay for Men and Women
The Long Struggle for Equal Pay
Relationship between Equality Clause and Sex Discrimination Claims
Hypothetical Comparators
Choice of Comparator
Genuine Material Factor (GMF) Defence
Collective Bargaining and Transitional Arrangements
Discussions about Pay
Gender Pay Gap Information
Mandatory Equal Pay Audits

5 Services, Premises, Education, Associations, and Other Unlawful Acts
Services and Public Functions
General Scope
Age Exceptions
Constitutional Functions
Armed Forces and Security Services
Immigration Functions
Religion or Belief Exceptions
Separate, Single-Sex, and Single-Group Services
Health and Care
Insurance
Broadcasting
Sport
Premises
Education
Exceptions Relating to Marriage etc, and Age
Exceptions Relating to Harassment
Exceptions Relating to Religion or Belief
Exception Relating to Single-Sex Institutions
Associations
Private Clubs
Political Parties
Other Unlawful Acts
Liability of Employers and Principals
Liability of Employees and Agents
Instructing, Causing or Inducing Contraventions
Aiding Contraventions

6 Advancement of Equality
Changing Organisational Policy and Behaviour
Positive Action
General Exception Relating to Positive Action Measures
Recruitment and Promotion
Political Parties
Charities
Public Sector Equality Duty
Purpose
The General and Specific Duties
Engagement
Contract and Subsidy Compliance
What Is Meant by ‘Having Due Regard’?
Which Authorities Are Covered?
Enforcement
Review of the PSED

7 Enforcement
The Equality and Human Rights Commission
A Single Commission
Structure and Management of the Commission
General Powers and Duties
Human Rights
Enforcement Powers
Support for Individuals and the Provision of Conciliation
Resources
Individual Enforcement
County and Sheriff Courts
Employment Tribunals
Limiting Accessibility
Decline of Tripartism
Representative Actions
Equal Pay Procedure
Legal Assistance
Burden of Proof
Time Limits
Conciliation and Mediation
Compensation
Recommendations

8 An Appraisal
Harmonisation: Too Little or Too Much?
Changing Organisational Policy and Behaviour
Improving Enforcement
Limits of Law: Poverty and Disadvantage
Law and Politics

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