The following Commercial practice note Produced in partnership with Annabel Mackay of Baker McKenzie provides comprehensive and up to date legal information covering:
This Practice Note summarises the law and provides practical guidance to service providers in respect of their obligations to provide goods, services and facilities to their customers in a non-discriminatory way under the Equality Act 2010 (EqA 2010). It explains the protected characteristics under EqA 2010 and gives practical examples of the forms of direct discrimination, discrimination by association, discrimination by perception, indirect discrimination, harassment, victimisation and discrimination arising from a disability, and examples of what can be done to avoid discrimination. It also examines enforcement and remedies relating to EqA 2010 claims and its territorial scope.
See also: Compliance with the Equality Act 2010 by service providers—checklist.
For information on the application of EqA 2010 in the context of employment relationships, see Practice Note: Liability of employers and employees under the Equality Act 2010.
EqA 2010 ensures that people are treated equally regardless of the characteristics which they might have. In relation to the provision of services under EqA 2010, Pt 3, the following set of protected characteristics are relevant (although sexual orientation and religion or belief are not relevant protected characteristics for harassment claims):
disability (being a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities). For more information, see Practice Note: Disability
gender reassignment (if the person is proposing to
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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