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(b) one week’s pay* for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and

(b) one week’s pay* for a year of employment (not within paragraph (a)) in which he was not below the age of twenty-two, and
(c) half a week’s pay* for a year of employment not within paragraph (a) or (b).

ERA 1996 s 122(2): Can be reduced for (i) refusal of reinstatement offer, (ii) conduct of the employee.

Week’s pay capped at £4753
(c) Compensatory Award

Cap = The lower of either £78,335 or year’s pay.

Injury to feelings, etc
Not available for stress, injury to feelings etc.
Dunnachie v Kingston upon Hull City Council [2004] IRLR 727 (HL)
WEEK 7
Non-Standard Teaching Week – Work on Moodle

3 Employment Rights (Increase of Limits) Order 2015/226. In force from: April 6, 2015. 33

LECTURE 9
DISCRIMINATION (1)
Direct Discrimination

Reading
Pitt (9 th edn), Ch 2

Jones, Ch 14
THE PROTECTED CHARACTERISTICS
Pitt , 41

Equality Act 2010

4 The protected characteristics age;
disability;

gender reassignment; marriage and civil partnership; pregnancy and maternity; race;

religion or belief; sex;

sexual orientation.
DIRECT DISCRIMINATION
1 THE STATUTORY FORMULA

Equality Act 2010
13 Direct discrimination

‘(1) 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.’
2 LESS FAVOURABLE TREATMENT
(1) ‘Less’ favourable’

It is enough that the victim perceived – reasonably – that she had been treated less favourably.

R v Birmingham City Council, ex parte EOC [1989] AC 1155 (CA and HL). See also R v Secretary of State for Education and Science, ex parte Keating, The Times 3 Dec 1985, (council to run single-sex school for girls held to be treating boys less favourably). Gill v El Vino [1983] QB 425 (CA).Chief Constable of West Yorkshire v Khan [2002] 1 WLR 1947 (HL).

The perception must be reasonable
Burrett v West Birmingham HA [1994] IRLR 7 (EAT)

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