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Discrimination Law: Text, Cases and Materials, 3rd Edition

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Discrimination Law: Text, Cases and Materials, 3rd Edition

Name: Discrimination Law: Text, Cases and Materials, 3rd Edition
Brand: Hart Publishing
SKU: 9781849462464
Price: 693.42 HKD
Availability: InStock
Author: Aileen McColgan
ISBN: 9781849462464

By Aileen McColgan

Hart Publishing April 2023

Specifications

ISBN-13: 9781849462464
Publisher: Hart Publishing
Publication: April 2023
Format: Paperback , 766 pages
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This is the third edition of a work which offers comprehensive coverage of the Equality Act 2010, alongside other relevant UK law and European Union law. The book goes beyond the previous editions by presenting a critical and theoretical analysis of equality law intended to equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges.

Structured so as to be accessible to the student approaching discrimination law for the first time, the book is sufficiently detailed and analytical to appeal to the well-informed reader, and to provide those engaged in research with a solid base for further independent study. For the undergraduate student studying discrimination law as a free-standing subject or as part of a wider course, the book provides a one-stop shop; furthermore, this edition is also a challenging core text for any postgraduate discrimination law course.

Table of Cases

Table of Statutory Instruments and Codes of Practice

Table of Legislation

1. Introduction

Introduction

Meanings of Equality

Discrimination and the Common Law

Domestic Statutory Prohibitions on Discrimination

Equality and the HRA

EU Law and Discrimination/Equality

Discrimination and Disadvantage

Multiple Discrimination

2. 'Discrimination'

Direct Discrimination

Victimisation

Indirect Discrimination

Other Prohibited Discrimination

3. Positive Action

Introduction

Positive Discrimination and Article 14 ECHR

Positive Discrimination and EU Law 2010

Positive Discrimination and the Equality Act

The Rights and Wrongs of Positive Discrimination

The Public Sector Equality Duty

4. Coverage

Introduction

Discrimination in the Provision of Goods, Facilities, Services and in the Exercise of Public Functions

Exceptions to the Prohibitions on Discrimination

Housing/Premises

Work

Employment Related Protection

Wider Employment-Related Provisions

Establishing Liability for Discrimination

Education

Associations

5. Enforcement

Introduction

Enforcement of EU Legislation

Individual Enforcement

Time Limits

Individual Remedies

'Collective' Enforcement

Contract Compliance

6. Sex

Introduction

Sex-Based Disadvantage

The Legal Regulation of Sex Discrimination

The Equal Pay Act and Article 157 TFEU

The Material Factor Defence

The Employer's Defence

Prohibitions on Sex-Related Discrimination and Exceptions Thereto

Clothing and Appearance Rules

Pregnancy

7. Race

Introduction

Structural Discrimination

Race Discrimination and EU Law

Coverage of the Equality Act 2010

'Racial Grounds', 'Racial Group'

Genuine Occupational Qualifications and Other Exceptions

8. Disability

Introduction

History and Development of Disability Equality Provisions

'Disability'

Direct Discrimination

Disability-Related Discrimination

Duty to Make Adjustments

Justification

9. Religion and Belief

Introduction

'Race' and 'Religion'

Article 9 ECHR

EU Law

The Equality Act 2010

10. Gender Identity and Sexual Orientation

Introduction

Discrimination on Grounds of Gender Reassignment: Gender Identity and Recognition Rights

Discrimination on Grounds of Sexual Orientation

Discrimination on Grounds of Sexual Orientation: (II) The SDA and the HRA

11. Age

Age, Disadvantage and Discrimination

Age Discrimination and the Law

The Equality Act 2010

Exceptions to the Prohibitions on Age Discrimination

12. Conclusion

Index

About the Author

Aileen McColgan is Professor of Human Rights Law at King’s College, London.

Reviews

...McColgan is at the cutting-edge of the developments in this area…her analysis is at the heart of contemporary debate…a useful source of reference for legal practitioners and human resource professionals and,...it will be a valuable resource for those involved in providing legal advice in this increasing area of litigation.
Vera Bermingham
The Law Teacher, Vol 40, No 2
2006

This casebook is a real treasure chest of discrimination materials useful to both the student and the policy officer. For the practitioner it can be used to spark off new areas of enquiry to generate novel arguments.
Gay Moon
Justice Journal, Vol 3, No 1
2006

…this book provides a vital snapshot of the existing body of discrimination law in the United Kingdom. It gives a comprehensive and thorough analysis of the state of U.K. law in this area, producing an ideal foundation for a reasoned discussion on how and why discrimination law should be reformed.
Mark Bell, University of Leicester
Public Law
January 2001

The book combines comprehensive exposition of the relevant UK and EU law with critical analysis
Equal Opportunities Review
July 2001

...provides a valuable source of reference for others who may wish to research a rapidly growing area of the law that discrimination of all kinds has become. This is a very worthwhile textbook which should find a welcome place in the armoury of academics and researchers interested in the subject.
Ramnik Shah
New Law Journal
February 2003

This is an impressive book which offers a valuable insight to the ever-expanding, increasingly complex world of discrimination law. The strengths of this book are many. First, it combines coverage of a wide range of material with detailed legal analysis. The author chooses her cases wisely Secondly, the author does not confine her coverage to judicial decisions: she draws on a wide range of material as well as placing her discussion at the heart of contemporary debate Thirdly, the book is accessible and well presented. It is also well written.
Catherine Barnard
Cambridge Law Journal
February 2003