RELIGION, BELIEF & DISABILITY An Update. Contents. Part 1: Religion & Belief – an update Part 2: Disability Discrimination – where are we now? Part 3: Disability Discrimination – does the Equality Bill help or hinder? 3. PART 1 RELIGION & BELIEF – AN UPDATE.
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Part 1: Religion & Belief – an update
Part 2: Disability Discrimination – where are we now?
Part 3: Disability Discrimination – does the Equality Bill help or hinder?
RELIGION & BELIEF – AN UPDATE
- Test for philosophical belief - McClintock v Department of Constitutional Affairs  IRLR 29
Eweida v British Airways Plc  IRLR 78
London Borough of Islington v Ladele (with Liberty acting as intervener)  IRLR 154
Saini v All Saints Haque Centre(1), Bungay (2) & Paul (3)  IRLR 74
- Harassment not limited to harassment on the grounds of the religious belief of the person being harassed
WHERE ARE WE NOW?
THE EQUALITY BILL
Removal of the requirement to consider the existing eight capabilities
Unlawful discrimination when A treats B less favourably “because of a protected characteristic”.
Allows for associative discrimination
Removes, at least for direct discrimination, the need to read into the legislation in order to protect careers – see the decision of the ECJ in Coleman v Attridge Law
Cf position with disability related discrimination and indirect discrimination
Positive discrimination permitted
Wording clear enough?
Clause 19 – the harmonised clause re indirect discrimination – applies equally to disability
Issues with identifying the relevant group?
Essentially the same as in the DDA
Arguably less beneficial than the existing position because of how the comparator is defined
There is still some way to go with aspects of the Equality Bill relating to disability.
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