Chapter 5 Outline answers to essay questions
Discrimination at work, prohibited conduct, and enforcement
Critically review recent reported cases in the British courts and the European Court of Justice, in relation to two of the following grounds:
- age;
- disability;
- race;
- religion or belief;
- sex;
- sexual orientation.
Comment on and discuss how they add to our knowledge of the law on discrimination.
- This question gives you a good opportunity to do some research. First you need to choose the two grounds that interest you most. Remember that there is likely to be a longer history of cases concerning, say, sex and race discrimination, than on more recent unlawful grounds of discrimination, such as age.
- Start with the most recent cases and work backwards. This ensures that you will have the latest decisions on a particular case and not be writing about a case that has subsequently been appealed and had its decision perhaps changed.
- Read each case and make notes under the following suggested headings:
- facts – you need to write down the relevant history
- the legal principle that is being argued over
- the precedents used in the arguments (which might mean looking at some of these also)
- the judgment and reasons for it.
- How many cases you study will depend upon how many words you have available.
- It is perfectly reasonable to disagree with a judgment, so think about each one and write your own views.
- For more examination material you should read Questions and Answers Employment Law 2018 by Roseanne Russell, published by Oxford University Press.