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Vol 23 No 6 June/July 2018

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Drafting Commercial Agreements

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Data protection handbook

Sex and Race Discrimination Law

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ISBN13: 9781854316417
ISBN: 1854316419
Published: November 1997
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print

Sex and race discrimination are becoming increasingly important areas of employment law. Workers are becoming aware of their rights under the law and are much more willing to pursue those rights through industrial tribunals. Tribunals have faced the twin pressures of an increase in the number of discrimination claims brought and the need to keep pace with European developments. The result has been a large number of reported cases, inevitable inconsistency and a search for a principle to remove that inconsistency.;This volume draws together established and recent case law in an attempt to identify common threads that might assist practitioners negotiating their way through the Sex Discrimination Act and the Race Relations Act.

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Introduction: the sources of discrimination law. Preliminary issues: direct and indirect discrimination; differences between SDA and the RRA; meaning of racial group. Direct discrimination: the scheme of section 1(1)(a); discrimination on the ground of marital status; victimization. Indirect discrimination: the scheme of section 1(1)(b). Unlawful discrimination: discrimination in the employment field; other work-related unlawful discrimination; unlawful discrimination by bodies providing training; unlawful discrimination outside employment. Defences and exceptions: discrimination excluded under SDA, s.6 and RRA, S.4; genuine occupational qualification in cases of sex discrimination - SDA, s.7; genuine occupational qualifications in cases of race discrimination - RRA, s.5; general exceptions to unlawful discrimination; exceptions specific to sex discrimination; exceptions specific to race discrimination. Procedure: jurisdiction; bringing proceedings for unlawful discrimination. Remedies and enforcement: remedies in employment cases; claims under Part III; enforcement by the EOC and CRE. European Union law and discrimination: sex discrimination; race discrimination; free movement of workers.