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Legal Terms - Equality Act 2010
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
An Act that unifies, harmonizes, and expands the entire set of laws enacted to prohibit different forms of *discrimination. Age, handicap, *gender reassignment, marriage and civil partnerships, pregnancy and motherhood, race, religion or belief, sex, and sexual orientation are among the nine protected factors listed in the Equality Act that may serve as the foundation for illegal discrimination. The Act does this by repealing and replacing all previous laws pertaining to these topics. In addition to employment, the Act also extends to transportation, education, and the supply of products and services. Direct and indirect discrimination are both possible (see indirect discrimination). It can result from a person's association with someone who possesses a protected characteristic (for instance, when someone is treated less favorably because their child is disabled) or from an incorrect assumption that someone has a protected characteristic (for instance, treating someone less favorably because they are thought to be gay).
The Act also addresses harassment and victimization. Employers are prohibited from victimizing or discriminating against candidates or staff members based on any of the protected traits. Additionally, harassing job candidates or workers is illegal. Pregnancy and maternity discrimination, as well as discrimination that occurs when an employer does not provide a disabled employee with *reasonable accommodations, are covered by special regulations. Decisions about who to hire and under what conditions, access to training, promotions, and other rewards, as well as termination or any other negative outcome, can all be considered forms of discrimination in the workplace. The clauses pertaining to *equal pay (referred to as "equality of terms" in the Act) address sex discrimination in compensation. The Act also renders unenforceable any employment agreements that forbid employees from telling others how much they make or that attempt to stop employees from questioning coworkers about their salaries in order to determine whether a pay disparity is related to a protected trait (for instance, sex; see gender pay gap).
When one of several equally qualified applicants is a member of a group identified by one or more of the protected characteristics and is known or believed to be socially or economically disadvantaged or the target of discrimination, employers may, but are not required to, take positive action under the Act. Positive discrimination, which is still illegal, is not the same as this kind of positive activity. In the context of employment, there are several exceptions, such as when possessing one of the protected traits is a legitimate occupational necessity and can be supported as a proportionate way to accomplish a legitimate goal (e.g., hiring a female carer to provide care for a female patient). Additionally, there are particular exceptions that apply in the cases of age and religion or belief. With the exception of marriage and civil partnerships, the Act extends the public sector's obligation to provide equality to all protected characteristics. People who are subjected to discrimination under the Act may file a complaint in the courts for issues pertaining to the supply of goods and services or in the *employment tribunal for issues pertaining to employment. Additionally, the *Equality and Human Rights Commission has enforcement authority. Over the years, European statutes and case law have had a significant impact on the area. Although socioeconomic discrimination (based on class, money, or wealth) is not illegal under the Equality Act, it may infringe Article 14 of the *European Convention on Human Rights or amount to indirect discrimination based on one of the nine protected characteristics.
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Legal Terms - The Equality Act 2006
created the Equality and Human Rights Commission (EHRC), a non-departmental public organization. Although it is independent of the government, it is responsible for its public monies. The Commission assumes responsibility for equality in the areas of age, sexual orientation, and religion or belief, combining the work of three former independent bodies: the Disability Rights Commission, the Equal Opportunities Commission, and the Commission for Racial Equality. In addition to protecting, enforcing, and promoting equality across the nine "protected characteristics"—age, disability, gender, race, religion and belief, pregnancy and maternity, marriage and civil partnerships, sexual orientation, and gender reassignment—the Commission's mandate includes monitoring and advancing human rights. Investigations into general equality issues (such as sex discrimination in the financial sector) and evaluations of public bodies' adherence to the public sector equality responsibility are among its enforcement capabilities. In fact, the EHRC is authorized by the Equality Act 2006 to initiate judicial review procedures against public bodies in accordance with the *Human Rights Act. Because the EHRC does not need that one be an alleged *victim of a human rights violation in order to take action, this is an especially potent instrument.
created the Equality and Human Rights Commission (EHRC), a non-departmental public organization. Although it is independent of the government, it is responsible for its public monies. The Commission assumes responsibility for equality in the areas of age, sexual orientation, and religion or belief, combining the work of three former independent bodies: the Disability Rights Commission, the Equal Opportunities Commission, and the Commission for Racial Equality. In addition to protecting, enforcing, and promoting equality across the nine "protected characteristics"—age, disability, gender, race, religion and belief, pregnancy and maternity, marriage and civil partnerships, sexual orientation, and gender reassignment—the Commission's mandate includes monitoring and advancing human rights. Investigations into general equality issues (such as sex discrimination in the financial sector) and evaluations of public bodies' adherence to the public sector equality responsibility are among its enforcement capabilities. In fact, the EHRC is authorized by the Equality Act 2006 to initiate judicial review procedures against public bodies in accordance with the *Human Rights Act. Because the EHRC does not need that one be an alleged *victim of a human rights violation in order to take action, this is an especially potent instrument.
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Legal Terms - Enrollment
The act or document's entry into an official record. Many documents used to need to be enrolled in the Enrollment Office, which is part of the Chancery Division. Almost all of these duties were eliminated by the Judicature Acts of 1873–1875.
The act or document's entry into an official record. Many documents used to need to be enrolled in the Enrollment Office, which is part of the Chancery Division. Almost all of these duties were eliminated by the Judicature Acts of 1873–1875.
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Legal Terms - Entailed interest
An *equitable interest in land that restricts ownership to a single individual and his heirs (either generally or members of a particular class). The law of intestacy as it existed before to the Administration of Estates Act of 1925 still applies to these heirs. No new entailed interests can be formed after 1997. Instead, an absolute interest is created when this is attempted (Trusts of Land and Appointment of Trustees Act 1996 sch 1 para 5).
An *equitable interest in land that restricts ownership to a single individual and his heirs (either generally or members of a particular class). The law of intestacy as it existed before to the Administration of Estates Act of 1925 still applies to these heirs. No new entailed interests can be formed after 1997. Instead, an absolute interest is created when this is attempted (Trusts of Land and Appointment of Trustees Act 1996 sch 1 para 5).
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Legal Terms - Enter
vb. 1. To make "an effective and substantial" entry as a trespasser (R v Collins [1973] QB 100) under the law of *burglary. The defendant's entire body need not be entered for this to occur. 2.According to land law
vb. 1. To make "an effective and substantial" entry as a trespasser (R v Collins [1973] QB 100) under the law of *burglary. The defendant's entire body need not be entered for this to occur. 2.According to land law
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Legal Terms – Entering Judgement
A civil court practice wherein a judgment is formally recorded by the court following its issuance. According to Part 40 of the *Civil Procedure Rules, the court will typically draft a judgment or order unless it directs a party to do so or a party consents to do so with the court's approval. Every ruling or order needs to be *sealed by the court and bear the date it was issued.
A civil court practice wherein a judgment is formally recorded by the court following its issuance. According to Part 40 of the *Civil Procedure Rules, the court will typically draft a judgment or order unless it directs a party to do so or a party consents to do so with the court's approval. Every ruling or order needs to be *sealed by the court and bear the date it was issued.
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Legal Terms - Enterprise Investment Scheme (EIS)
The Enterprise Investment Scheme allows individuals who subscribe for newly issued shares in an unlisted trading firm to get income tax relief at a preferential rate on cash investments up to a certain amount. According to sections 156–257 of the Income Tax Act of 2007, earnings on the sale of shares issued under this plan are not subject to capital gains tax, although losses may be recouped.
The Enterprise Investment Scheme allows individuals who subscribe for newly issued shares in an unlisted trading firm to get income tax relief at a preferential rate on cash investments up to a certain amount. According to sections 156–257 of the Income Tax Act of 2007, earnings on the sale of shares issued under this plan are not subject to capital gains tax, although losses may be recouped.
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Legal Terms- Entire agreement clause
a provision in a contract that seeks to prevent any talks, comments, or representations from having legal effect unless specifically stated in the agreement. The provision states that the whole agreement between the parties is contained in the contract. The contract should make it clear if liability for precontractual representations is excluded. It is impossible to avoid liability for false *misrepresentation.
a provision in a contract that seeks to prevent any talks, comments, or representations from having legal effect unless specifically stated in the agreement. The provision states that the whole agreement between the parties is contained in the contract. The contract should make it clear if liability for precontractual representations is excluded. It is impossible to avoid liability for false *misrepresentation.
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Legal Terms – Entry possession
entering a piece of land and claiming ownership of it. For instance, in the event that a tenant breaches the terms of the lease or fails to pay rent, the landlord often has the right to enter and take possession. If a defaulting mortgagee is in possession, the mortgagee has the right to reclaim it. Generally speaking, unless the court directs the defaulter to relinquish possession, such rights of entry cannot be enforced.
entering a piece of land and claiming ownership of it. For instance, in the event that a tenant breaches the terms of the lease or fails to pay rent, the landlord often has the right to enter and take possession. If a defaulting mortgagee is in possession, the mortgagee has the right to reclaim it. Generally speaking, unless the court directs the defaulter to relinquish possession, such rights of entry cannot be enforced.
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Legal Terms – Entry Without Warrant
entry by a police officer without a warrant into a private property. Generally speaking, this is illegal unless the occupier gives their consent, which can be revoked (The Six Carpenters Case (1610) 8 Co Rep 146a). However, it is legal to make an arrest for *indictable offenses and, under specific conditions, to search a property (see the power of search); at common law, it is also legal to prevent an actual or suspected breach of the peace.
entry by a police officer without a warrant into a private property. Generally speaking, this is illegal unless the occupier gives their consent, which can be revoked (The Six Carpenters Case (1610) 8 Co Rep 146a). However, it is legal to make an arrest for *indictable offenses and, under specific conditions, to search a property (see the power of search); at common law, it is also legal to prevent an actual or suspected breach of the peace.
