Equality at Work

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• critically evaluate the challenges which arise in the practical application of Equality Law and appraise the enforcement tools which have been developed to address those challenges;
• analyse the differences between different forms of discrimination and contribute to the underlying doctrinal and jurisprudential debates;
• identify gaps and weaknesses in this area of law and contribute to the doctrinal and policy debate on how to address them, taking into account the wider legal, political, economic and social context.

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• primary sources of Equality Law and use them to develop your own critical opinion on key and controversial aspects of this area of law;
• the nature, principles and functions of Equality Law and the main features of its sources and institutions;
• the significance and influence of European Union Law and other international standards on UK equality law.
• the different protected grounds and assess the differences between the levels of protection afforded for each of them;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• conduct independent study and self-directed research to produce clear, orderly and well-structured opinions regarding topical developments.
• formulate and communicate arguments and your own viewpoints effectively in writing demonstrating an awareness of academic integrity;
• analyse, synthesise and draw your own conclusions from complex written texts;
• apply your knowledge to solve complex actual or hypothetical problems;

This module will introduce you to a number of key principles, concepts and debates in the field of Equality Law. While from a theoretical perspective these apply to Equality Law in general, to make it more manageable, the module focuses on equality law at work. Throughout the module you will be encouraged to develop a critical understanding of the political, economic and social issues that have shaped the development of this area of law.

The module is split into three inter-related sections:

Section 1 introduces the module, the principles, sources and institutions of equality law and as well as its evolution and the scope of application of the legislation.

Section 2 focuses on the analysis of the prohibited forms of discrimination and the protected grounds, including race or ethnic origin, religion or belief, age, disability and sex- related grounds.

Section 3 deals with the challenges for enforcing equality law and the tools available to address those challenges, including the shift of the burden of proof and positive action.

Several cross cutting themes will be considered throughout the module, such as the influence of European Union law and the European Convention of Human Rights, the problems associated with finding a comparator and the difference between formal and substantive equality.

Teaching and learning methods

Teaching methods include:

• 1 x 2-hour seminar per week
• 1 x 2-hour tutorial per fortnight

Learning activities include:

• Accessing resources
• Individual study
• Self-directed research
• Group work
• Problem solving
• Essay writing
• Blog writing

In view of enhancing your interest and motivation, the teaching team will:

• Make use of media and technology-supported learning and a range of other teaching techniques.
• Refer to topical developments in employment law and related areas.
• Invite guest-speakers - time and location constraints allowing.

Clear guidelines will be provided to help you write an individual blog contribution and comment on others’ contributions.

Resources & Reading list

Internet Resources

Equality and Human Rights Commission (EHRC).

Equality and Diversity Forum.

Runnymede Trust.

In particular, the TUC Equality Audit 2014.

International Labour Organisation.

ACAS.

European Working Conditions Survey 2010.

European Commission, Special Eurobarometer 437. Discrimination in the EU in 2015.

Equality and Discrimination Law Expertise Blog.

European Foundation for the Improvement of Living and Working Conditions (Eurofound).

EU Fundamental Right Agency (FRA) [excellent reports and surveys on equality issues].

Trade Union Congress (TUC), Equality Issues.

Government Equalities Office.

Equal Opportunities Review.

Textbooks

Monaghan, K (2013). Monaghan on Equality Law. Oxford: Oxford University Press.

O'Dempsey, D (2013). Discrimination in Employment. A Claims Handbook. LAG.

Doyle, B, et al (2010). Equality and Discrimination: The New Law. Jordans.

Wadham, J, et al (eds) (2012). Blackstone’s Guide to The Equality Act. Oxford: Oxford University Press.

Khaitan, T (2015). A Theory of Discrimination Law. Oxford: Oxford University Press.

Cabrelli, D (2020). Employment Law in Context; Text and Materials. Oxford: OUP.

Fredman, S (2012). Discrimination Law. Oxford: Oxford University Press.

Hepple, B (2014). Equality: The New Legal Framework. Hart.

Sargeant, M (2013). Discrimination and the Law. Routledge.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External