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

Sexual Orientation and Religion or Belief The Impact of the Equality Act Professor Mark Bell

Claims accepted by Employment Tribunals

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)

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

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)

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

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

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

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