Legal Research Skills

State the date on which section 186(2) of the Act came into force.

Section 186(2) came into force on 1st October, 2010, which is the date on which the Act was passed (Section 216 1(a), Commencement).

2) The Act refers to the reasons why this legislation was considered to be necessary? Using your own words, explain any two of the reasons?

Two reasons for the passage of this Act were to consolidate the laws on discrimination into one Act; and to ensure that certain employers will publish information about the differences in pay between male and female employees (Introductory Text; Explanatory Notes, Summary). There were already a number of laws that sought to prevent discrimination, and this Act was enacted to harmonise these laws by bringing them all within one law. The Act also sought to provide for gender parity in terms of pay for male and female employees through this Act.

3 ) State the name of the legislation enacted in 1975 which has been repealed by the Act The Sex Discrimination Act 1975 was repealed by the Equality Act 2010 (Schedule 27, Repeals and revocations, Part 1).

4) Name any one of the Government Departments or offices which were responsible for preparing the Act.

The Government Equalities Office was one of the departments responsible for preparing the Equality Act 2010. The department was responsible for the preparation amendment. (Introduction; Explanatory Notes).

5) The Act gives powers to Scottish Ministers to make Regulations. Give any one example of these regulatory powers;

An example of such power is contained in Section 2 (4), which provides the power to amend Section 1 to Scottish Ministers by regulations. Using this power, the ministers may add or remove a relevant authority to the authorities that are subject to the duty under Section 1 (1) (Section 2(4); Explanatory Notes, Scotland).

6) Jacqui Mann wrote an article on Ban on Pre-Employment Health Questionnaires stating that the costs for businesses will increase due to the introduction of the pre-employment questionnaire. Under the Equality Act 2010, the successful candidate’s will need to complete the health questionnaire after being offered the post, if the candidate has health problems or is disabled the employer will have to assess the next cause of action in terms of accommodating for the employee’s needs by making reasonable adjustments in line with Equality Act 2010 or to make an appointment with the occupational. The additional resources, equipment and time will result in business costs being increased for employers. ✔ https://www.jmassociates.org/ban-on-pre-employment-health-questionnaires/ 17 May 2020✔ Louisa Peacock wrote the article of Pre-employment health questionnaire ban backed by HR chiefs. The writer opined that the pre-employment health questionnaire will prevent employers from unfairly discriminated potential employees classified as disabilities under section 4 of the Equality Act 2010. The Champaign Groups have stated that will be tremendously help people under s15 when applying for jobs. This is an advantage for candidates as this would not be a deterrent when applying for jobs as information of the candidate’s medical history would not be required. ✔ https://www.personneltoday.com/hr/pre-employment-health-questionnaire-ban-backed-by-hr-chiefs/ 17 May 2020✔

7) Read the following case study and answer the two questions.

For the past two years Ameena has had a medical condition known as chronic fatigue syndrome. The condition is a recognised disability within the meaning of the Act. Ameena has particular difficulties climbing and descending stairs.

Ameena has a part time job in an office, where she works on the second floor of her employer’s premises. There is not lift. Ameena’s employer believes that he has a duty under the Act to make reasonable adjustments for her at work, but he is not sure what these are or how they might affect his other employees. Applying the Act, explain whether the following statements are true or false, giving reasons for your answers. a) Ameena’s employer must consider providing Ameena with an office giving on the ground round floor of his premises. Ameena’s employer has to make “reasonable adjustments” to help her to accommodate for Ameena’s disability. Even though Ameena works part-time, her employer still has to support and accommodate for Ameena’s disability. The duty is set out in sections 20 and 21 of the Act. Section 21 says that a failure to comply with the first, second or third requirement set out in section 20 is a failure to comply with a duty to make reasonable adjustments. Section 20(4) states where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take in order to avoid the disadvantage ✔The Under s20(9), this includes removing the physical feature, altering it or providing a reasonable means of avoiding it. Her employer is aware that her disability is long term and that Ameena works on the second floor of the building and there is not a lift. Under section 20(4), her employer must be make reasonable adjustments for Ameena. If a physical feature causes substantial disadvantage for a disabled person, her employer should make a change to the feature to remove that disadvantage or offer a reasonable alternative of providing that service the service in another way. This means that the statement is true and her employer should consider providing her an office on the ground floor. ✔ Good – well improved. b) If Ameena’s employer treats her more favourably than non-employees because of her condition, the non-disabled employees can claim direct direction.

S.13 (3) It would not be illegal for her employer to treat Ameena more favourably because of her disability compared with a non-disabled person. ✔A non-disabled person cannot claim direct discrimination and the statement is not true. ✔ Well done.

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