Chapter 22 Self-test questions

Equality in the workplace and parental rights
The Equality Act 2010 identifies protected characteristics as being forms of discriminatory behavior which are outlawed.

Under the Equality Act 2010, 'pay' does not include which of the following?

The Equality Act 2010 provides that age, disability, sex and sexual orientation are examples of _________ characteristics.

Harassment is identified in the Equality Act 2010 as a form of prohibited conduct.

The comparator that may be used in an equal pay claim does NOT include which of the following?

Indirect discrimination, harassment and victimization are examples of __________ conduct in the Equality Act 2010.

It is not possible for an employer to justify direct discrimination based on the sex of the worker.

When faced with a claim of equal pay, which of the following automatic defences is NOT available to the employer?

The Equality Act 2010 identifies the prohibited conduct of ______ __________ as where a person treats another less favourably because of their protected characteristic than they would of a person without the characteristic.

A worker discriminated against because those taking this action believe he is homosexual, when in fact he is not, will mean the worker cannot claim protection under the Equality Act 2010.

When a woman claims under the Equality Act 2010 due to discrimination on the basis of her pregnancy, with whom should she be compared?

Direct discrimination may not be justified, but an exception to an otherwise act of direct discrimination is as an ___________ requirement.

An employee who suffers from a physical disability which means she must use a wheelchair will be compared with all people with a disability when she claims to have been indirectly discriminated against.

There exist several exceptions to a claim of direct sex discrimination. Which of the following would NOT amount to an exception?

__________ discrimination occurs where a person is directly discriminated against when those discriminating believe they possess a particular protected characteristic.

The types of harassment covered by the Equality Act 2010 s. 26 include: 1) harassment related to a person of a relevant protected characteristic; 2) sexual harassment; and 3) less favourable treatment of a worker because of the sexual harassment or harassment related to sex or gender reassignment.

Where a person treats a woman, on the ground of her sex, less favourably (or unfavourably) than he/she treats or would treat a man, this is an example of?

Following enactment of the Equality Act 2010, there is a common definition of what will amount to indirect discrimination. Indirect discrimination is a seemingly neutral provision, _________ __ _________ that is applied to everyone but it particularly affects people who share a protected characteristic and it puts them (or would put them) at a particular disadvantage.

To establish an action of equal pay, the claim must be that the reason for the difference in pay is due to the gender of the claimant.

Following a successful claim of discrimination, which of the listed remedies may NOT be awarded by a tribunal?

In relation to prohibited conduct, __________ continues to be 'unwanted conduct' related to a protected characteristic, which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

All cases of equal pay require an actual comparator to be used by the claimant to support their action.

As provided for in the Employment Rights Act 1996, how many weeks of Ordinary Maternity Leave is a pregnant employee entitled to?

The Equality Act 2010 s. 66 imposes an _______ clause in the terms of a contract of employment, even where one is not included.

There are three heads of claim, one of which the claimant must choose, when bringing an equal pay claim — like work, work rated as equivalent, and work of equal value.

In claims involving equality in pay, a 'real' comparator may consist of a person employed at the same time as the claimant, but not ___________ of the claimant, although their predecessors may be used.

Having established a prima facie case of gender discrimination in pay, no defence is available to the employer to justify the difference.

The employer is entitled to demonstrate that a difference in pay between men and women is not based on the sex of the parties, but rather it is based on a ________ ________ (a defence) that can be objectively justified on the needs of the business, and is a proportionate means of achieving that aim.

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