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Equality: The Legal Framework

Autor Sir Bob Hepple
en Limba Engleză Paperback – 15 oct 2014
The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy.From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history.'.
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Specificații

ISBN-13: 9781849466394
ISBN-10: 1849466394
Pagini: 296
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.51 kg
Ediția:Revised
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Written by a distinguished expert in the field, whose report of the 'Independent Review of the Enforcement of UK Anti-Discrimination Legislation' helped shape the Equality Act.

Notă biografică

Sir Bob Hepple QC, FBA is Emeritus Master of Clare College and Emeritus Professor of Law in the University of Cambridge. He is Honorary President of the Industrial Law Society and of the Equal Rights Trust. In 2013 the international Labour Law Research Network gave him an award for distinguished career contribution to labour law, and in 2014 he was awarded the South African Order of Luthuli (Gold) for his exceptional contribution to the struggle for human rights and democracy.

Cuprins

1 The Aims of Equality Law The Equality Act 2010 The Act since 2010 A History of Bits and Pieces Meanings of Equality The Unitary Human Rights Perspective Respect for Equal Worth, Dignity and Identity as a Fundamental Human Right Eliminating Status Discrimination and Prejudice Consistent Treatment/Formal Equality Removing Barriers to Equal Treatment Equality of Opportunities, Capabilities, and Outcomes Fairness 2 Protected Characteristics Extent of Status Protection Age A Response to a 21st-century Challenge Balancing Individual Dignity with the Rights and Interests of Others Children Disability From Paternalism to Rights Definition of 'Disability' Race and Related Characteristics The Changing Context of Race Legal Definition of 'Ethnic Origin' National Origin and Nationality Caste Religion or BeliefSex and Related Characteristics Sex and Gender Gender Reassignment Pregnancy and Maternity Marriage and Civil Partnership Sexual Orientation 3 Prohibited Conduct Introduction Direct Discrimination Less Favourable Treatment Levelling Down Knowledge, Intention and Motivation 'Because of ' a Protected CharacteristicPerception and Association Intersectional or Multiple Discrimination Justification of Direct Age Discrimination Indirect Discrimination Harmonisation Elements of the Tort Knowledge, Intention and Motive Justification Disability Discrimination Why Special Provisions? More Favourable Treatment Discrimination Arising from Disability Duty to Make Reasonable Adjustments for Disabled People Indirect Discrimination Harassment Victimisation 4 Work and Equal Pay Introduction Work General Scope Genuine Occupational Requirements Religious Requirements Mandatory Retirement Age Seniority Rules Equal Pay for Men and WomenThe Long Struggle for Equal Pay Relationship between Equality Clause and Sex Discrimination Claims Hypothetical Comparators Choice of Comparator Genuine Material Factor (GMF) Defence Collective Bargaining and Transitional Arrangements Discussions about Pay Gender Pay Gap Information Mandatory Equal Pay Audits 5 Services, Premises, Education, Associations, and Other Unlawful Acts Services and Public Functions General Scope Age Exceptions Constitutional Functions Armed Forces and Security Services Immigration Functions Religion or Belief Exceptions Separate, Single-Sex, and Single-Group Services Health and Care Insurance Broadcasting Sport Premises Education Exceptions Relating to Marriage etc, and Age Exceptions Relating to Harassment Exceptions Relating to Religion or Belief Exception Relating to Single-Sex Institutions Associations Private Clubs Political PartiesOther Unlawful Acts Liability of Employers and Principals Liability of Employees and Agents Instructing, Causing or Inducing Contraventions Aiding Contraventions 6 Advancement of Equality Changing Organisational Policy and Behaviour Positive Action General Exception Relating to Positive Action Measures Recruitment and Promotion Political Parties Charities Public Sector Equality Duty Purpose The General and Specific Duties Engagement Contract and Subsidy Compliance What Is Meant by 'Having Due Regard'? Which Authorities Are Covered? Enforcement Review of the PSED 7 Enforcement The Equality and Human Rights Commission A Single Commission Structure and Management of the Commission General Powers and Duties Human Rights Enforcement Powers Support for Individuals and the Provision of Conciliation Resources Individual Enforcement County and Sheriff Courts Employment Tribunals Limiting Accessibility Decline of Tripartism Representative Actions Equal Pay Procedure Legal Assistance Burden of Proof Time Limits Conciliation and Mediation Compensation Recommendations 8 An Appraisal Harmonisation: Too Little or Too Much? Changing Organisational Policy and Behaviour Improving Enforcement Limits of Law: Poverty and Disadvantage Law and Politics

Recenzii

REVIEW OF THE FIRST EDITION... fascinating new book by Sir Bob Hepple QC... As would be expected from the UK's foremost discrimination law scholar, the book is rich on insights.
...the first in-depth academic analysis of this complex and wide-ranging legislation...sure to be one of the leading points of reference for future scholars. The book is very well written in a style that happily blends accessible and captivating commentary with perceptive insight and reflection...a valuable introduction to the field. At the same time, there is a richness and depth that will make this book stimulating for the specialists in equality law, whether academic or practitioner.
...admirably fulfils the aim of informing the general reader as well as students of law and social sciences, human rights activists and lawyers. It will also be essential reading for all those who want to understand the past, present and future of discrimination law.

Descriere

The 2nd edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first 4 years of its implementation.