INTERNAL MEMORANDUM
FROM: XXX Trainee
TO: Charles Cavendish
REFERENCE: Discrimination Claim
CLIENT NAME: May Baloch
CLIENT MATER: Discrimination Claim against Women’s Centre
I am writing in reply to the query you sent about a client named May Baloch who applied for a job as a counsellor at the local women’s centre. She was well qualified for the job, but at the interview the manager said they were looking for someone from Pakistan. She did eventually find a job two weeks later, which paid the same salary. However, she feels upset that she didn’t get the job and that there could be a claim against the women’s centre (WC).
Her claim is best placed under a direct discrimination claim against the WC. Under section 13 (1) of the Equality Act 2010, direct discrimination occurs when a person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. To succeed in a direct discrimination claim against the WC Mary would have to prove on the facts that:
The WC carried out an unlawful act based on a protected characteristic:
Under section 4 of The Equality Act (EqA) 2010 a protected characteristic is defined as age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; sexual orientation. EqA 2010 s. 9 (1) defines race as including ‘colour, nationality, and ethnic or national origins’. In the case of Mary Baloch the
All types of discrimination can also lead to negative behaviour and can partly cause aggression or crime; even living in poverty and experiencing discrimination can affect an individual’s behaviour as well. Due to the negligence they may take out their frustration on the care providers or others in the society which would make them in the wrong and after being investigated this may or may not change because of the client’s self-esteem or pressure levels. As well as taking it out on the care providers, they are also able to take it out on health and social care professionals.
Race relations act 2000- The Race Relations Act (RRA) 1976 amended 2000 makes it unlawful to treat a person less favourably than another on racial grounds. These cover grounds of race, colour, nationality (including citizenship), and national or ethnic origin. It can promote anti-discriminatory practice by making sure individuals from a different race get equal opportunities to get jobs, homes, practice their religion and have rights to have an education, medical treatment, and to get fair and equal
Level 2 Award in Employment Responsibilities and Rights in Health, Social Care, Children and Young People's Settings (QCF)
The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have
| in addition to age, under the Equality Act people cannot be discriminated against as a result of any of the other ‘protected characteristics’. These are: disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
1.3 The legislation relating to equality, diversity and inclusion, stems both from UK government and European union. It offers protection from discrimination on grounds of age, disability, gender, race and ethnic origin, religious faith or belief and sexual orientation. The legislation has implications on all workplaces, in terms of employment practice and in terms of the services provided. Compliance with the legislation must be embedded in your Equality, Diversity and Inclusion policies.
Equality: ‘Some careers, and the people they care for, experience discrimination or harassment because of their age, disability or caring role, or for other reasons such as race, sex or sexual orientation’(www.nhs.uk). Discrimination can affect your work, cause problems in your other activities.
The Equality Act 2010 makes your rights not to be discriminated against stronger. Discrimination means treating someone less privileged other people because of who they are.
M1 Assess the effects on those using the service of three different discriminatory practices in health and social settings Discriminatory practice can be defined as making or showing an unfair or prejudicial distinction between different categories of people or their beliefs and practices, centred around race, age, gender, religion, sexual orientation and disability. Although there are many laws in place to protect individual rights against discrimination such as the Equality Act 2010, there are still cases of it occurring in many different situations including within the health and social care system.
Boys D and Langridge E – BTEC National Health and Social Care Book 1 (Nelson Thornes, 2007)
Worried about losing her job, Sue comes to you for advice. Advise her on any action she may have against Peter or his employer under the Queensland Anti-Discrimination Act 1991 (QLD).
Clements. P. & Spinks, T. (2009) The Equal Opportunities Handbook: How to Recognise Diversity, Encourage Fairness and Promote Anti-discriminatory Practice London: Kogon Page ltd