Chapter 5 Key facts checklists

Discrimination at work, prohibited conduct, and enforcement

Part 2 Ch 5 Equality Act 2010 applies the non-discrimination provisions to work.
Applicants for jobs must not be asked about their health or disability in the recruitment process.
The question traditionally asked in sex and race discrimination cases is 'Would the complainant have received the same treatment from the defendant but for his or her sex or race?' This is known as the 'but for' test.
Prohibited conduct means direct and indirect discrimination, harassment, and victimisation. Segregation on racial grounds is also prohibited.
There is a different definition of discrimination for the protected characteristic of pregnancy and maternity.
There is no minimum period of employment needed before one can make a discrimination claim.
Compensation is unlimited. The other remedies are recommendations and declarations.
For equal contractual terms law as between men and women, see chapter 3. The law in this chapter applies to non-contractual matters, whether pre-employment or post-employment, and indeed during employment provided that the issue is a non-contractual one such as promotion. For example, if a bonus is a matter of contract and men receive it but women do not, that is an issue dealt with in chapter 3 because it involves a contractual term which differs between men and women; however, if the bonus is not a contractual matter, it falls within this chapter.