1. This equipment was donated by Thompsons solicitors Update on Equalities: Where are we? Wednesday 8 th December 2010

2. Sexual Orientation and Religion or Belief The Impact of the Equality Act Professor Mark Bell mark.bell@le.ac.uk

3. Claims accepted by Employment Tribunals

4. The protected characteristics Sexual orientation Civil partnership –only direct & indirect discrimination in employment Religion or Belief –Grainger plc & others v Nicholson [2009] 2 All ER 253 (EAT)

5. Transgender issues Explicit recognition of gender reassignment as one of the protected characteristics Definition: removing the requirement to show ‘ medical supervision ’

6. Definition of discrimination Direct discrimination –discrimination by association –absence from work & gender reassignment (s.16) Indirect discrimination –case-law on manifestation of religious belief at the workplace: eg Ladele v Islington LBC [2010] 1 WLR 955 (CA); Eweida v British Airways [2010] IRLR 322 (CA)

7. Harassment s. 26: ‘unwanted conduct related to a relevant protected characteristic’ –eg English v Thomas Sanderson Blinds Ltd [2009] IRLR 206 (CA) s.40: harassment by third parties Harassment related to religion/belief and sexual orientation in areas outside employment

8. Other forms of discrimination s.111: instructing, causing or inducing contraventions

9. Exceptions Sch.9(1): occupational requirements Sch.9(2): religious requirements in employment for the purposes of an organised religion –Based on compliance & non-conflict principle Sch.9(3): organisations with an ethos based on religion or belief Sch.22(4): specific provisions on faith schools

10. The impact of the Equality Act Public sector equality duty extended to sexual orientation and religion/belief Improvements in the definition of discrimination BUT –Complex set of exceptions retained –Individual litigation is unlikely to be sufficient