Discrimination Law, 3rd edition

Discrimination law is a technical and difficult area, which is compounded by the growth in coverage over recent years. Straddling several areas including employment law and human rights, Discrimination Law provides readers with a detailed yet clear guide to this area of law.

Key Features:

• Covers the Equality Act 2010, the Human Rights Act 1998 and European Convention on Human Rights, as well the Codes of Practice
• Covers the UK and EU, including comparisons to the US, Canada and Australia
• Presents different theories and definitions of what is classed as discrimination
• Explains the application of discrimination law in practice
• Explains the many different grounds for discrimination including race, sex, gender reassignment, sexual orientation, religion or belief, age and disability
• Covers the many different forms of discrimination including direct and indirect discrimination, dual discrimination, harassment, victimisation and disability discrimination
• Covers its application to employment law
• Covers positive action
• Goes through the remedies available and enforcement
• Includes coverage of all key case law including cases arising from the ECJ and ECtHR

New for this edition:

• Brexit legislation and consequent amendments to the Equality Act 2010.
• Engaging ECHR, Arts 8/14 in employment, Denisov (ECtHR, 25 September 2018).
• The margin of appreciation and social policy justifications under the ECHR, R (SC) v Secretary of State for Work and Pensions [2022] AC 223 (SC); Elan-Cane v Secretary of State for the Home Department [2023] AC 559 (SC).
• Associative discrimination, sexual orientation, and freedoms of religion and expression, Lee v Ashers [2020] AC 413 (SC).
• Perceived (disability) direct discrimination, Chief Constable of Norfolk v Coffey [2019] EWCA Civ 1061.
• Dual discrimination, Case 443/15 Parris v Trinity College Dublin [2016] CMLR 17.
• On the meaning of Indirect discrimination, Essop v Home Office, Naeem v Secretary of State for Justice [2017] ICR 640 (SC).
• On ‘one off’ PCPs for indirect discrimination and reasonable adjustments, Ishola v Transport for London [2020] ICR 1204 (CA).
• Religion, beliefs, and conflicting rights, Higgs v Farmor’s School [2023] ICR 1072 (EAT); Forstater v CDG Europe [2022] ICR 1 (EAT); Lee v Ashers [2020] AC 413 (SC); 303 Creative v Elenis 600 US 570 (2023).
• Religion and dress codes, Case C-148/22 OP v Commune d'Ans [2024] 2 CMLR 45.
• Positive action in the UK and United States, R (Z) v Hackney LBC and Agudas Israel Housing Association [2020] 1 WLR 4327 (SC); Students for Fair Admissions v President and Fellows of Harvard College 600 US (2023).
• Equal pay, Brierley v ASDA Stores [2021] ICR 786 (SC); Walker v Co-operative Group [2020] ICR 1450 (CA).
• Age discrimination, retirement, and government policy documents.
• Proving discrimination, Efobi v Royal Mail [2021] ICR 1263 (SC).