Reasonable Adjustments vs. Indirect Discrimination: are all Protected Characteristics Equal Under the UK Equality Act 2010? A Review of Religious and Disability Discrimination in Employment Cases

Bacquet, S. and Bunbury, S. 2022. Reasonable Adjustments vs. Indirect Discrimination: are all Protected Characteristics Equal Under the UK Equality Act 2010? A Review of Religious and Disability Discrimination in Employment Cases. Law & Justice - the Christian Law Review. 188, pp. 6-20.

TitleReasonable Adjustments vs. Indirect Discrimination: are all Protected Characteristics Equal Under the UK Equality Act 2010? A Review of Religious and Disability Discrimination in Employment Cases
TypeJournal article
AuthorsBacquet, S. and Bunbury, S.
Abstract

This article argues that religious manifestation, like disability, requires an individual model of discrimination aimed at inclusivity rather than formal equality. It compares the current legal framework for assessing religious discrimination in the workplace (indirect discrimination) to the disability law framework (reasonable accommodation) and argues that while indirect discrimination is well suited to group discrimination, it does not lend itself to manifestation of belief which by nature requires a different form of equality that takes into account individual differences. The reasonable accommodation approach used for disability discrimination places a duty on the employer to take steps to remove any barriers preventing individuals from taking part in society, and as such, consists of treating individuals differently rather than aiming for strict/formal equality. We argue that the reasonable adjustment duty used in disability discrimination should now be extended to manifestation of belief in the employment sector.
This would encourage employers to proactively remove barriers faced by religious minorities whose religion or belief mandates a particular practice or dress code. As a result, an employer would be forced to take a pro-active approach to removing any barriers faced by religious minorities. In turn this may prevent individuals having to compromise between following their conscience or the rules set out by the employers.

JournalLaw & Justice - the Christian Law Review
Journal citation188, pp. 6-20
ISSN0269-817X
Year2022
PublisherEdmund Plowden Trust
Publisher's version
File Access Level
Open (open metadata and files)
Web address (URL)https://heinonline.org/HOL/LandingPage?handle=hein.journals/ljusclr188&div=6&id=&page=

Related outputs

The Law School Degree Show: law, materiality, decolonisation and authentic assessment
Philippopoulos-Mihalopoulos, Andreas and Bunbury, S. 2023. The Law School Degree Show: law, materiality, decolonisation and authentic assessment. The Law Teacher.

Manifestation of Belief and the “Liberal” Law of Religion: Why It Is Time to Rethink the Status-Quo?
Bacquet, S. 2022. Manifestation of Belief and the “Liberal” Law of Religion: Why It Is Time to Rethink the Status-Quo? Religion & Human Rights. 17 (1), pp. 1-22. https://doi.org/10.1163/18710328-bja10023

An Analysis of the Service Provider’s Legal Duty to Make Reasonable Adjustments: The Little Mix Saga
Bunbury, S. 2020. An Analysis of the Service Provider’s Legal Duty to Make Reasonable Adjustments: The Little Mix Saga. Entertainment and Sports Law Journal. 18 (1) 2. https://doi.org/10.16997/eslj.231

Disability in higher education: do reasonable adjustments contribute to an inclusive curriculum?
Bunbury, S. 2020. Disability in higher education: do reasonable adjustments contribute to an inclusive curriculum? International Journal of Inclusive Education. 24 (9), pp. 964-979. https://doi.org/10.1080/13603116.2018.1503347

Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination
Bunbury, S. 2019. Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination. International Journal of Discrimination and the Law. 19 (1), pp. 26-47. https://doi.org/10.1177/1358229118820742

Religious Symbols and the Intervention of the Law: Symbolic Functionality in Pluralist States
Bacquet, S. 2019. Religious Symbols and the Intervention of the Law: Symbolic Functionality in Pluralist States. London Routledge.

Striking a Balance: Restoring a neglected leading work
Bacquet, S. 2018. Striking a Balance: Restoring a neglected leading work . in: Sandberg, R. (ed.) Leading Works in Law and Religion Abingdon, Oxon, England Routledge. pp. 20-31

Book Review: Religion, Law and the Constitution by Hall and Garcia Oliva
Bacquet, S. 2017. Book Review: Religion, Law and the Constitution by Hall and Garcia Oliva . Law & Justice - the Christian Law Review. 179, p. 207.

Non-Religious Views in the RE School Curriculum: What Can We Learn from R (Fox and Others) v Secretary of State for Education? [2016]
Bacquet, S. 2016. Non-Religious Views in the RE School Curriculum: What Can We Learn from R (Fox and Others) v Secretary of State for Education? [2016] . Education Law Journal. 2016 (1), p. 11.

Religious Symbols and the Making of Contemporary Religious Identities
Bacquet, S. 2015. Religious Symbols and the Making of Contemporary Religious Identities. in: Sandberg, R. (ed.) Religion and Legal Pluralism Ashgate. pp. 113-132

Book Review: Religion Law and Society by Russell Sandberg
Bacquet, S. 2014. Book Review: Religion Law and Society by Russell Sandberg . Law & Justice - the Christian Law Review. 173, p. 213.

On - track: A Change Academy project investigating student attendance and engagement
Smith, C.L., Benson, N., Reilly, A.M., Allen, J., Clements, M.O., Shacklady, D., Davies, P., Bacquet, S. and Umeh, K. 2013. On - track: A Change Academy project investigating student attendance and engagement. 12th Annual Westminster Learning and Teaching Symposium. 04 Jul 2013

Religious freedom in a secular society: an analysis of the French approach to manifestation of beliefs in the public sphere
Bacquet, S. 2012. Religious freedom in a secular society: an analysis of the French approach to manifestation of beliefs in the public sphere. in: Cumper, P. and Lewis, T. (ed.) Religion and rights and secular society: European perspectives Edward Elgar. pp. 147-168

Press coverage of the second intifada (September 2000 - April 2002): impressions of media bias
Bacquet, S. 2011. Press coverage of the second intifada (September 2000 - April 2002): impressions of media bias. VDM Verlag.

Freedom of expression v. hate speech: an illustration of the dilemma through an in-depth analysis of judicial approaches in England and France
Bacquet, S. 2011. Freedom of expression v. hate speech: an illustration of the dilemma through an in-depth analysis of judicial approaches in England and France. VDM Verlag.

Book review: Law and religion, by Russell Sandberg
Bacquet, S. 2011. Book review: Law and religion, by Russell Sandberg. Law & Justice - the Christian Law Review. 167, pp. 87-91.

The employer's duty to make reasonable adjustments: when is a reasonable adjustment, not reasonable?
Bunbury, S. 2009. The employer's duty to make reasonable adjustments: when is a reasonable adjustment, not reasonable? International Journal of Discrimination Law. 10 (3), pp. 111-131. https://doi.org/10.1177/135822910901000302

Manifestation of Belief and Religious Symbols at School: Setting Boundaries in English Courts
Bacquet, S. 2009. Manifestation of Belief and Religious Symbols at School: Setting Boundaries in English Courts. Religion and Human Rights. 4 (2-3). https://doi.org/10.1163/187103109X12471223630919

The next generation of legal aid solicitors: the LSC’s Training Grants Scheme
Bacquet, S., Boon, A., Webley, L. and Whyte, A. 2009. The next generation of legal aid solicitors: the LSC’s Training Grants Scheme. in: Buck, A. (ed.) Reaching further: innovation, access and quality in legal services : papers from the Legal Services Research Centre's seventh international research conference, Reaching further, Royal Naval Academy in Greenwich, London, 18th to 20th June 2008 London Stationary Office. pp. 143-165

Evaluation of the Legal Service Commission's Training Contract Grant Scheme
Bacquet, S., Boon, A., Webley, L. and Whyte, A. 2008. Evaluation of the Legal Service Commission's Training Contract Grant Scheme. Legal Services Commission.

School uniforms, religious, symbols and the Human Rights Act 1998: the 'purity ring' case
Bacquet, S. 2008. School uniforms, religious, symbols and the Human Rights Act 1998: the 'purity ring' case. Socio-Legal Studies Association (SLSA) Annual Conference. Manchester 18 - 20 Mar 2008

School uniforms, religious, symbols and the Human Rights Act 1998: the 'purity ring' case
Bacquet, S. 2008. School uniforms, religious, symbols and the Human Rights Act 1998: the 'purity ring' case. Education Law Journal. 9 (1), pp. 11-18.

A review of how other countries provide information and advice to the vulnerable on consumer and social issues
Webley, L. and Bacquet, S. 2006. A review of how other countries provide information and advice to the vulnerable on consumer and social issues. London, UK DTI. https://doi.org/URN06/1871

Mediation through the Birmingham court-based scheme
Webley, L., Abrams, P. and Bacquet, S. 2006. Mediation through the Birmingham court-based scheme. Journal of Housing Law. 9 (1), pp. 9-12.

Evaluation of the Birmingham court-based Civil (non-family) mediation scheme
Webley, L., Abrams, P. and Bacquet, S. 2006. Evaluation of the Birmingham court-based Civil (non-family) mediation scheme. London, UK Department for Constitutional Affairs.

Report on international approaches to the defence of indigent persons in criminal cases: a report for Lord Carter's review of legal aid procurement
Flood, J., Whyte, A. and Bacquet, S. 2005. Report on international approaches to the defence of indigent persons in criminal cases: a report for Lord Carter's review of legal aid procurement. London, UK Department for Constitutional Affairs.

An analysis of the resurgence of anti-semitism in France
Bacquet, S. 2004. An analysis of the resurgence of anti-semitism in France. Journal of Diplomatic Language. 1 (4).

Permalink - https://westminsterresearch.westminster.ac.uk/item/vzwvq/reasonable-adjustments-vs-indirect-discrimination-are-all-protected-characteristics-equal-under-the-uk-equality-act-2010-a-review-of-religious-and-disability-discrimination-in-employment-cases


Share this

Usage statistics

25 total views
12 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.