Equal Treatment Of Society Is A Recognised Common Law Principle

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Equal treatment in society is a recognised common law principle. But over the last decade successive governments have developed statute law that is both far reaching and robust. This vast expansion and promotion of equality now takes form in The Equality Act 2010 which provides protection for people or groups of people from discrimination. As well as promoting equality in society, it also provides a comprehensive framework for both employers and employees in how to assess whether discrimination has occurred in a workplace environment. It reflects the scope of the original aims laid down by the European Convention on Human Rights (ECHR) and along with section 3 of the Human Rights Act 1998, equality in the United Kingdom is one step ahead of our European partners.

Discussion will now analyse whether Helen’s circumstances give rise to a breach of the Equality Act and the impact of ECHR Article 9 with Article 14.

In order for Helen to bring a claim it must first be established that the treatment relates to a protected characteristic defined in ss.4-12 .

Ss.10 states that a person has a protected characteristic where they express any Religion or belief. Religion means any religion, or lack of, and belief means any religious or philosophical belief or lack of. The explanatory notes contained in the act provide examples of religion or belief and specifically denotes Islam amongst others. Helen’s treatment relates to her protected characteristic for the purposes of

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