The Equality Act applies to anyone offering goods, services and facilities in the United Kingdom. A person who complains of discrimination may appeal to the Labour Court or Regional Court. The judge would decide whether there was discrimination. The Equality and Human Rights Commission has certain enforcement powers in certain situations under the Equality Act. The Commission for Gender Equality and Human Rights (ECHR) is a non-ministerial government body that monitors gender equality and human rights laws and practices. It has the possibility to investigate public authorities and, if necessary, to initiate judicial review. The appropriate right of adjustment is particularly important. The obligation may apply if a person with a disability is „significantly disadvantaged compared to persons without disabilities by a `determination, criterion or practice` or by a physical characteristic. The employer`s duty is generally to take steps reasonably necessary to avoid disadvantage (section 20 of the Equality Act 2010). „Material“ means only minor or trivial (section 212(1) of the Equality Act 2010).
Another part of the obligation may require an employer to provide assistance or services (section 20(5) of the Equality Act 2010). There are provisions dealing with employer ignorance of disability (Equality Act 2010, Sch 8, § 20). Discrimination is illegal when an employer hires a person under the terms of the contract offered to make a decision regarding the termination of an employee or other type of injury. „Direct discrimination“, i.e. treatment of one person less favourably than another without the protected characteristic, is always unjustified and illegal, with the exception of age. However, discrimination against a person on the basis of age is only permitted if there is a legitimate commercial justification accepted by a court. Where there is an „occupational requirement“, direct discrimination is allowed, so that an employer could, for example, refuse to hire a male actor for a female role in a play if it is essential to the job. „Indirect discrimination“ is also illegal, and this is the case when an employer applies a workplace policy that affects everyone equally, but has different effects on a greater proportion of people in one group with a protected characteristic than another, and there is no good business justification for this practice. Disability differs from other protected characteristics in that employers are required to make appropriate adjustments to their workplace to accommodate employees with disabilities. With respect to age, creed, sex, race, gender change and sexuality, there is generally no positive obligation to promote equality, and affirmative action is generally limited by the principle that merit should be considered the most important characteristic of a person.
In the area of equal pay for men and women, the rules differ as regards the scope of comparators. Dismissal for discrimination is automatically unjustified and gives rise to claims under section 94 of the Employment Rights Act 1996, regardless of the length of employment. Age discrimination may be lawful in certain circumstances. The Equality Act allows age discrimination if it can be „objectively justified“. This means that the employer or service provider must prove that they have a valid ground for age discrimination. The Equality Act 2010 applies in England, Scotland and Wales. It legally protects people against discrimination in the workplace and in society. Previously, there were a number of anti-discrimination laws, including the Disability Discrimination Act. These laws have been replaced by a law, which has made the law easier to understand and has even strengthened protection in some situations. „Indirectly“ discrimination is unlawful under section 19 of the Equality Act 2010. [8] It is the application to everyone of a provision, criterion or practice that has a disproportionate effect on certain persons and is not objectively justified.
For example, the requirement that job applicants exceed a certain height would have a greater impact on women than on men, since the average height of women is lower than that of men. It is a defence for the employer to prove that the requirement is „a proportionate means of achieving a legitimate aim.“ .
