Discrimination in employment

Barnard and Hepple, ‘Substantive Equality’ (2000) CLJ 562. Considers the extent to which EC and UK equality law are moving away from liberal notions of non-discrimination towards an approach based on substantive equality or equity.

Fredman, ‘Reversing Discrimination’ LQR 113 (1997) 575. Considers the legitimacy of affirmative action legislation, and legal responses in Britain, Northern Ireland and EU

Information on the role and activities of the Equality and Human Rights Commission https://www.equalityhumanrights.com

The statutory Code of Practice on equality and discrimination in employment is at Employment: Statutory Code of Practice | Equality and Human Rights Commission (equalityhumanrights.com)

Fredman, ‘The reason why: unravelling indirect discrimination’ (2016) 45 ILJ 231 (This article explores the common misunderstandings which led the Court of Appeal into error in two case later corrected by the Supreme Court).

McColgan, ‘Class wars? Religion and (in)equality in the workplace’ (2009) 38 ILJ 1. Examines the potential for conflict between the prohibition of discrimination on grounds of religion with other strands of discrimination.

House of Commons Women and Equalities Committee, ‘Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission, Tenth Report of Session 2017–19. https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/1470/1470.pdf Examines the problems of enforcing equality rights.

Burton, ‘Neoliberalism and the Equality Act 2010: A Missed Opportunity for Gender Justice?’ (2014) 43 ILJ 122. A critique of the Equality Act 2010 as a missed opportunity stemming from a neoliberal approach.

Gender pay gap reports can be searched at https://gender-pay-gap.service.gov.uk/viewing/search-results?t=1&search=&orderBy=relevance

Lawson ‘Disability and Employment in the Equality Act 2010: Opportunities Seized, Lost, and Generated’ (2011) 40 ILJ 359

Secretary of State’s guidance on matters to be taken into account in determining questions relating to the definition of disability (2011)

Vickers and Menfredi, ‘Age Equality and Retirement: Squaring the Circle’ (2013) 42 ILJ 61. Examines the law following the decision of the UKSC in the leading age discrimination case of Seldon.

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