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Landau Zeffertt Weir, Solicitors
10, Bickels Yard,
151-153 Bermondsey Street,
London Bridge,
London, SE1 3HA

Philip is offering “Equality Law users a free and speedy initial consultation” whether by e-mail or in person.

1. We endeavour to respond to your emails within 2 working days.

2. You may telephone your enquiry – please ask for Philip Landau.

3. No win no fee available.

4. All areas covered.

Protected Characteristic. – This turn of phrase can be related to

Race

Sexual Orientation

Sex

Religion or Belief

Being a Transsexual

Age

Disability

Pregnancy/Maternity

Being married or civil partnership

Breast feeding Mothers

If you are in a restaurant or public building it will not be possible for anyone to ask you to go somewhere else to breast feed your baby or to leave the premises, as this will be deemed unlawful, as this is discrimination.

Transsexual People

This group of people will now have greater rights under the new law as they will no longer have to be under medical supervision to ensure protection from harassment or discrimination. If you are the partner or associate of a transsexual and have been harassed or discriminated against due to that association you will now have greater protection too. Transgender people are not protected by the act.

Clubs and Groups

Which have over 25 members who have selection criteria will no longer be able to discriminate against transsexuals, pregnancy, gender, religion or belief.  It will also cover visitors or guests of members who may be discriminated against on the same grounds. However, clubs which are only for men or women will continue to be able to operate.

Employment

The Equality Act will state that as a rule potential employers will no longer be able to ask you questions about your health or any disability you have prior to either short listing, or offering you a job.  There are a few exceptions where the potential employer may be able to ask you certain questions if they have good reason. Once the position has been offered to you the employer is able to ask appropriate health related questions.

If you are harassed at work by a customer or client and your employer has been informed of this on at least two occasions This can be referred to as third party harassment. Your employer will now be expected to within reason attempt to prevent this reoccurring if they do nothing you may have legal recourse.

Equal Pay

If you are being paid differently doing the same kind of work as the opposite sex the new law will prevent your employer from taking action against you for talking to your colleagues or trade unions about it. This will facilitate a claim for equal pay. The act goes on to make it unenforceable to insist keeping pay rates secret except from competitors.

Employment Tribunals

These have been given extra powers under the new law. They will be able to make recommendations in discrimination cases that make situations fairer for other workers, as well as for the person who has made the claim.

Positive Action 

This action is taken to promote or enhance a certain group of people who have a shared or protected characteristic. It may be by encouraging training or employment in a particular area where people with that certain characteristic be it race, disability or sexual  orientation are actively targeted to increase awareness and accessibility for that particular group.

Victimisation

When a person has bought a complaint to the employer the law will now protect the complainant from victimisation from either colleagues or management. The complainant may be ostracised, citing incidents and occasions where this behaviour has been demonstrated.

Indirect Discrimination

You may be discriminated against due to changes in working conditions which discriminate against you as you are unable to continue working under those conditions

Direct discrimination

This is when you are treated less favourably than someone else either due to a protective characteristic or by association.

Direct Discrimination

As a carer you will be either looking after an elderly or disabled person and already protected at work by association. You are protected from being discriminated against for job offers and restrictions due to your caring responsibilities. You will also now be protected if you are unable to have a right to use to services, facilities or goods which due to the disabled or elderly person you care for you are not able to access. You do not have to put up with a substandard service due to the disability or age of the person you care for.

Harassment

The law is already very comprehensive with how to combat harassment in the workplace but an improvement of “harassment by association” is now added. If you are harassed because people believe you are from a particular ethnic group or sexual orientation or by association. The Act now states that harassment of this from is unlawful. In some cases the harassment may not be intentional but it is none the less unlawful.

Disability Discrimination

The Equality Act will replace both the 1995 and 2005 Disability Discrimination Acts new provisions to protect those with a disability that have been or are being harassed. More expansively if a person is incorrectly perceived to have a disability, or by association with another who has a disability is discriminated against then the act will deem the behaviour unlawful.

Direct Disability Discrimination

This now has changed to ensure that a person with a disability is not discriminated against by being denied access to services due to another’s personal prejudice.  The discrimination is because of the disability.

Discrimination arising from Disability

This is a new part of the Equality Act where as before the discrimination was because of the disability this is a distinction of if the person is being discriminated against due to an affect of, or with their disability.  A person who is denied services as a result of a link with their disability will be deemed unlawful; unless the provider can demonstrate lack of knowledge of the disability and or the action justifiable.

Indirect Disability

This a new clarification for the Equality Act the act does not so much change in practise as reasonable adjustments for disabled people was already covered. It is more where policies or rules which apply to customers disadvantage disabled customers. This is to do with the pro active practical delivery of accessibility, aids, or changes in policies and rules to ensure a balanced and objective approach.

Disability Harassment

This new addition to the Equality Act, any behaviour which is deemed as offensive, humiliating, hostile or degrading due to a person’s disability will be covered. 

Employees will be able to complain to their employer regarding behaviour that they personally find offensive even if the harassment is not directed at them.

This act applies to all organisations and voluntary groups that provide goods, facilities or services to the public.  This net is broad reaching from internet services to clubs (with over 25 members)

Societies discomfort due to a person who has a protected characteristic, or the person who is caring for them, can now be considered unlawful if the treatment or attitude is deemed as harassment or unfavourable.

By Association – you are either a partner, carer, assumed or associate/friend of

Protected Characteristic. – This turn of phrase can be related to

Race

Sexual orientation

Sex

Religion or belief

Being a transsexual

Age

Disability

Pregnancy/maternity

Being married or civil partnership