Specific defences and exceptions in prohibited conduct claims
Specific defences and exceptions in prohibited conduct claims

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Specific defences and exceptions in prohibited conduct claims
  • Which protected characteristics apply
  • Illegal contracts
  • Actions required by enactments, governing instruments and other rules
  • Age, disability, religion or belief
  • Sex, pregnancy and maternity
  • Nationality and residence
  • Birth, nationality, descent or residence: Crown employment, etc
  • Educational appointments: sex and religion
  • Worker benefits also provided to the public
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

This Practice Note considers the particular defences and exceptions that may apply in prohibited conduct claims (discrimination claims).

Which protected characteristics apply

Except where stated, defences and exceptions outlined below apply in relation to all protected characteristics.

This Practice Note also covers certain exceptions that are restricted to one or two specific types of discrimination: where this is the case, that restriction is made clear.

References to 'prohibited conduct claims' in this Practice Note refer to claims made in the employment tribunal relating to one or more protected characteristics which complain of any of the following forms of conduct prohibited under EqA 2010:

  1. direct discrimination

  2. Discrimination arising from disability

  3. gender reassignment discrimination: cases of absence from work

  4. pregnancy and maternity discrimination

  5. indirect discrimination

  6. failure to make reasonable adjustments

  7. harassment

  8. victimisation

Illegal contracts

Employment tribunals still have jurisdiction to hear a prohibited conduct claim even though the claimant's

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