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Questions tagged [equality-act-2010]

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0 votes
0 answers
102 views

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 ...
TylerDurden's user avatar
-1 votes
1 answer
82 views

What is the implementation cost threshold for a requested reasonable adjustment to become unreasonable?

Under the equality act 2010 one may request structural adjustments to premises Abe other adjustments at the service provider’s expense. How much must these cost to implement before they are considered ...
TylerDurden's user avatar
0 votes
1 answer
83 views

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 ...
Jo Malone's user avatar
1 vote
1 answer
75 views

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 (...
TylerDurden's user avatar
-9 votes
2 answers
169 views

Is it a breach of the PSED for the Secretary of State to declare Hamas but not the IDF or Likud a proscribed terrorist organisation? [closed]

The equality act places an equality duty on the public sector. The Secretary of State is charged with the task of designating certain organisations as proscribed under the terrorism act. Does taking ...
TylerDurden's user avatar
1 vote
2 answers
180 views

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 ...
TylerDurden's user avatar
1 vote
1 answer
75 views

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 ...
TylerDurden's user avatar
0 votes
0 answers
44 views

Is it legal to discriminate against people over a certain age? [duplicate]

A restaurant reserves certain items on its menu for individuals under a certain age. The equality act 2010 specifically makes allowances for age discrimination against people under the age of 18. But ...
TylerDurden's user avatar
0 votes
2 answers
132 views

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 ...
TylerDurden's user avatar
6 votes
2 answers
3k views

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 ...
TylerDurden's user avatar
-2 votes
1 answer
90 views

Is the City of London fully subject to the Public Sector Equality Duty?

Some parts of the City of London Corporation function like a public body (eg the City Fund) while others (e.g. City’s Cash) somehow do not. For the purposes of the Equality Act’s PSED, is it a Public ...
TylerDurden's user avatar
0 votes
1 answer
204 views

Is there or will there be any written reasoned decision in the preliminary issue ruling of Kirsty Ayre on protection of opposition to CRT?

Judge Kirsty Ayre in the employment tribunal has ruled that ACAS employee Sean Corby’s oppositions to critical race theory are a protected philosophical belief under the equality act 2010. Where can ...
TylerDurden's user avatar
2 votes
0 answers
114 views

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 ...
User65535's user avatar
  • 7,640
-6 votes
2 answers
158 views

is the duty to make reasonable adjustments reflexive?

If Bob requests a reasonable adjustment from a member of a business’s staff, and they refuse on the grounds that they cannot do such things according to their organisation’s internal logic despite the ...
TylerDurden's user avatar
4 votes
1 answer
136 views

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 ...
Comic Sans Seraphim's user avatar

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