Discrimination law is everywhere a solicitor practises — in employment disputes, in the provision of services, and in day-to-day advice to clients on both sides. Every claim begins in the same place: a protected characteristic. Get the characteristic and its definition right and the rest of the analysis falls into place; get it wrong and the claim never gets off the ground. This lesson gives you the framework to work through any discrimination problem with confidence, from first principles to the technical exceptions.
What this lesson covers:
- Foundations and Proof of a Discrimination Claim — the nine characteristics, the elements of a claim, the forms of prohibited conduct, and how the burden of proof shifts.
- Whose Characteristic? Perception and Association — how protection reaches people who do not personally hold the characteristic.
- Disability — the four-part statutory definition, deemed disabilities, and what counts as long-term and substantial.
- Other Protected Characteristics — gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.
- Pregnancy and Maternity — the unfavourable treatment test, why no comparator is needed, and what happens after the protected period.
- Forms of Prohibited Conduct — direct and indirect discrimination, harassment, justification, and the age exception.
- Disability-Specific Conduct, Exceptions and Positive Action — discrimination arising from disability, knowledge requirements, occupational requirements, and tie-break recruitment.