Race and religion or belief Summary Race and religion have been combined on this page because they tend to be less important in an occupational health (OH) setting than...
Sex discrimination Summary Direct discrimination is unlawful even if the employer it trying to be ‘chivalrous’. However in limited cases positive discriminatio...
Direct discrimination under EqA Summary Direct discrimination is where, because of a protected characteristic, a person treats the claimant less favourably than the person ...
Pregnancy and maternity under Equality Act 2010 Summary Equality Act protection for pregnancy discrimination is wide. For example, it is not an excuse that the woman was taken on to tempor...
Tainted decision to dismiss The Supreme Court has held that in the context of whistleblowing and unfair dismissal, the reason for dismissal is not always that in the mi...
Other EqA defences Summary This page looks at defences to Equality Act 2010 claims other than the objective justification defence, namely: Occupational require...
Disability: Direct discrimination Summary Direct discrimination effectively sets a boundary to the objective justification defence, since this defence is not available for di...
Overseas assignment refused for health reasons The Court of Appeal held it was not direct discrimination, and was justified on the facts, to refuse to send an employee with multiple healt...
Discrimination based on fear of future disability Diana Kloss looks at discrimination based on a fear that a job applicant may develop a disability in the future, in the light of the EAT dec...
Knowledge of disability not imputed on direct discrimination claim In direct discrimination, the focus is on the motivations and knowledge of the individual decision maker. The EAT has held In Gallop v Newpo...
