Discrimination Law

This comprehensive text provides in-depth analysis and accessible guidance, covering key concepts, grounds, and forms of discrimination in the UK, EU and beyond, and including human rights and employment law, remedies, and enforcement.

Discrimination law is a technical and difficult area, which is compounded by the growth in coverage over recent years. Straddling several areas including employment law and human rights, Discrimination Law provides readers with a detailed yet clear guide to this area of law.

Key Features:

•Covers the Equality Act 2010, the Human Rights Act 1998 and European •Convention on Human Rights, as well the Codes of Practice
•Covers the UK and EU, including comparisons to the US, Canada and Australia
•Presents different theories and definitions of what is classed as discrimination
•Explains the application of discrimination law in practice
•Explains the many different grounds for discrimination including race, sex, gender reassignment, sexual orientation, religion or belief, age and disability
•Covers the many different forms of discrimination including direct and indirect discrimination, dual discrimination, harassment, victimisation and disability discrimination
•Covers its application to employment law
•Covers positive action
•Goes through the remedies available and enforcement
•Includes coverage of all key case law including cases arising from the ECJ and ECtHR


New for this edition:

•Brexit legislation and consequent amendments to the Equality Act 2010.
•Engaging ECHR, Arts 8/14 in employment, Denisov (ECtHR, 25 September 2018).
•The margin of appreciation and social policy justifications under the ECHR, R (SC) v Secretary of State for Work and Pensions [2022] AC 223 (SC); Elan-Cane v Secretary of State for the Home Department [2023] AC 559 (SC).
•Associative discrimination, sexual orientation, and freedoms of religion and expression, Lee v Ashers [2020] AC 413 (SC).
•Perceived (disability) direct discrimination, Chief Constable of Norfolk v Coffey [2019] EWCA Civ 1061.
•Dual discrimination, Case 443/15 Parris v Trinity College Dublin [2016] CMLR 17.
•On the meaning of Indirect discrimination, Essop v Home Office, Naeem v Secretary of State for Justice [2017] ICR 640 (SC).
•On ‘one off’ PCPs for indirect discrimination and reasonable adjustments, Ishola v Transport for London [2020] ICR 1204 (CA).
•Religion, beliefs, and conflicting rights, Higgs v Farmor’s School [2023] ICR 1072 (EAT); Forstater v CDG Europe [2022] ICR 1 (EAT); Lee v Ashers [2020] AC 413 (SC); 303 Creative v Elenis 600 US 570 (2023).
•Religion and dress codes, Case C-148/22 OP v Commune d'Ans [2024] 2 CMLR 45.
•Positive action in the UK and United States, R (Z) v Hackney LBC and Agudas Israel Housing Association [2020] 1 WLR 4327 (SC); Students for Fair Admissions v President and Fellows of Harvard College 600 US (2023).
•Equal pay, Brierley v ASDA Stores [2021] ICR 786 (SC); Walker v Co-operative Group [2020] ICR 1450 (CA).
•Age discrimination, retirement, and government policy documents.
•Proving discrimination, Efobi v Royal Mail [2021] ICR 1263 (SC).