Discrimination Chapter

Honeyball & Bowers Textbook on vocation Law 11e

10
Statutory variety Claims

SUMMARY
This chapter is concerned with the shelter the integrity gives to employees who ar discriminated against by
providing them with statutory (as compared with contractual) claims. afterwards considering the background
theoretical problems of legislation in this area and its history, the forms of inequality are considered,
followed by further consideration of the areas of discrimination which the Equality exploit 2010 (which brings
together many previously separate legislative provisions) covers. The scene of the legislation is then examined
in terms of legislative protection given to applicants for employment, employees during employment and pastemployees. This is followed by an investigation into the exceptions to the statutory claims and legal
enforcement of them. The chapter concludes by looking at two areas of statutory discrimination right that are non
covered by the 2010 Act.

10.1 Introduction
It is of the essence of all discrimination that a person, or group of people, is treated
differently from others in a similar position (or from how they would themselves have
otherwise been treated) for a reason which should not be considered to be a relevant
consideration.



When a detriment results in such circumstances we usually view
discriminatory treatment as wrong (cf. T. Macklem, Beyond Comparison: Sex and
Discrimination (Cambridge: Cambridge University Press, 2003); Réaume, (2005) 25 OJLS
547).
However, it is not always considered right to legislate against discrimination, for the reason
that a number of conflicting principles are at work in this context. For example, there is the
principle inherent in liberal democracies that the law should keep away from such areas as a

OXFORD H i g h e r
© Simon Honeyball 2010

Education

Honeyball & Bowers Textbook on Employment Law 11e
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