The purpose of this Practice Note is to explain the key age discrimination issues that can arise in relation to the design and operation of various different types of...
Protected characteristics The Equality Act 2010 provides protection against discrimination which relates to certain listed characteristics which people may possess. Some...
The government has stated that tackling the gender pay gap is a priority and that its goal is to 'end the gender pay gap in a generation'. It has brought into force...
The statutory burden of proof test The Equality Act 2010 (EqA 2010) prescribes a two-stage process for dealing with the burden of proof. It applies to any proceedings...
Produced in partnership with Keith Bryant QC of Outer Temple Chambers. Pension loss will generally only arise in cases where an individual has lost their job and the...
In the employment tribunals Case no: [Insert case number] Between: [Insert name of claimant] Claimant and [Insert name of respondent] Respondent Claimant's schedule of...
Treating someone less favourably A person directly discriminates against another person where: • he treats him less favourably than he treats or would treat others, and •...
This Practice Note considers the definition of disability for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 (EqA...
This Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied before 1 October 2010. What amounts to discrimination arising...
Nature of the duty The duty to make reasonable adjustments (referred to below simply as 'the duty') comprises three requirements. The element that is common to all three...
STOP PRESS: The extension of protections in Part 5 of the Equality Act 2010 to volunteers and ways to ensure that all interns are captured by those workplace protections...
An equal pay audit is a tool used by employers to identify potential discrimination in the workplace arising from unequal pay for equal work. Some employers choose to...
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 SI 2013/1237 SCHEDULE 3 THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE 1...
Background This Practice Note summarises the law and provides practical guidance to service providers in respect of their obligations to provide goods, services and...
Statutory framework The Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act 2006 (EA 2006),...
Reasons for believing employee may not have had equality of terms [I believe I have not had equal terms with my comparators because I am employed as a cleaner and receive...
The qualifying period Proceedings on: • a complaint relating to breach of an equality clause or rule • an application for a declaration as to the effect of an equality...
Similarities and differences The procedure for equality of terms claims, as all other tribunal claims, is governed by the Employment Tribunals (Constitution and Rules of...
Relationship with prohibited conduct claims Certain claims for equal pay, in particular those relating to non-contractual benefits, may be brought under the prohibited...
This Practice Note examines the defences available to an employer in relation to an equality of terms (equal pay) claim and the exceptions that apply. The general rule As...
The principle of equal pay for equal work Article 157 of the Treaty on the Functioning of the European Union (TFEU) (previously Article 141 of the Treaty of Rome)...
Eligibility to bring an equality of terms claim In order to be eligible to bring an equality of terms (equal pay) claim, a person must: • be employed, or hold personal or...
Three main contentions In general, equality of terms claims brought under the Equality Act 2010 rely on one or more of three main contentions (see Practice Notes:...
Prerequisites The Equality Act 2010 contains provisions designed to achieve equality between men and women in pay and other terms of employment where the work of an...
A woman absent on maternity leave is in a unique position, which requires her to be afforded special protection, but which is not comparable with that of a man actually...
[Insert in para 8.2 of claim form ET1:] 1 The Claimant is a woman and the Respondent carries on the business of a restaurant at [insert address]. 2 On [insert date], the...
