Dual discrimination delayed

The concept of dual discrimination was introduced in The Equality Act 2010. This outlaws direct discrimination on the basis of a combination of no more than two of the following protected characteristics: age; disability; gender reassignment; race; religion or belief; sex; and sexual orientation. Protection on the grounds of dual discrimination does not include pregnancy and maternity, and marriage and civil partnership.





A claim may arise where a person who believes that he has been treated less favourably because of a combination of two protected characteristics can bring a combined claim. For example, a black woman who is passed over for promotion because her manager thinks that black women do not perform well in direct-facing customer service roles. In a situation like this, the employee might bring a claim of race and sex discrimination. An employee will not need to show that he would have been successful with a separate claim of direct discrimination based on each of the protected characteristics on which the dual discrimination claim is based.





In September last year, The Guardian newspaper discussed the concept of dual discrimination (The new Equality Act - do you know your rights? 30th September) and cited the case of Arlene Phillips, aged 66 and formerly a judge on TV’s "Strictly Come Dancing". She was not reappointed; Alesha Dixon, who is 30 years old, took her place. Neither Ms Phillip’s age nor her gender on their own was the reason for her non-reappointment (another judge was 65 and another, different, judge was female). At that time Ms Phillips would not have been able to make a successful claim under the age or sex discrimination legislation as each claim would have had to be considered separately. Neither claim would stand on its own so she would have lost a discrimination claim. However the new dual discrimination protection could have created a different outcome.





This week Government confirmed that the dual discrimination provisions will not be implemented in April as originally planned. It is still considering how best to implement the provisions and says that guidance will be published 12 weeks before implementation of the provisions.





The HR Headmistress’ Guide to workplace investigations (How to Get Top Marks in … Tackling Workplace Investigations) publication date is on 30th March 2011. For more information visit www.thehrheadmistress.co.uk





Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support services. For more information, visit our website at www.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.





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