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Equality Act

2

Comments

  • B is clear direct

    C is not indirect as being unpopular is not a discriminatory charactoristic however it is slightly more complex if you examine it in detail...is the colleague unpopular due to him or her being gay??? or from a religion or group such as goths or muslim(due to media portraying these ppl in a negative light, could become unpopular)...however the simple answer would be no

    A is definitely indirect as people with a disability would be at a disadvantage for the office job

    Err, why would people with a disability be at a disadvantage in this example?
  • System
    System Posts: 178,377 Community Admin
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    All you can say about a) is that it MAY or MAY NOT be indirect discrimination
    you can only answer the question on the information given/at hand
    Correct. And on the information given then no definite answer can be derived from it because other factors of the role etc. can and must affect the decision
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • sacha28
    sacha28 Posts: 881 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Indie_Kid wrote: »
    But with a, the driving licence could be required because of the location.

    Surely location doesn't dictate conditions of an office job? It could be out the back and beyond but how you choose to get there is up to you.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    You cannot say anything regarding a and c without more information from the OP.
    Yes I can and I have :)...you can only answer the question on the information given/at hand
    But OP did not declare that, you are over thinking the question

    Oh the irony! Back to school donchichio ;)
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    sacha28 wrote: »
    Surely location doesn't dictate conditions of an office job? It could be out the back and beyond but how you choose to get there is up to you.

    Employers can and will ask prospective employees how they intend to get to work. If the location is remote they are quite entitled to ask that the worker has their own transport, as long as they are consistent in asking this of everyone.
  • tomtontom wrote: »
    Oh the irony! Back to school donchichio ;)

    No, please for the luv of god I cannae take more schooling
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    tomtontom wrote: »
    Employers can and will ask prospective employees how they intend to get to work. If the location is remote they are quite entitled to ask that the worker has their own transport, as long as they are consistent in asking this of everyone.

    I have seen a job advert where people were told that due to location, they would need a driving licence.
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
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  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Indie_Kid wrote: »
    I have seen a job advert where people were told that due to location, they would need a driving licence.

    I would say that any such advert could easily be discriminatory: if the reason given is for the location of the job, then the requirement is that applicant can get to that location, not that they have a driving licence. What if an applicant is disabled, doesn't drive themselves, but has a full time caring team who will drive them to and from work each day?
  • mgdavid
    mgdavid Posts: 6,710 Forumite
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    Indie_Kid wrote: »
    I have seen a job advert where people were told that due to location, they would need a driving licence.

    that would clearly discriminate against people who lived within a few miles and were willing and able to cycle to work.
    The questions that get the best answers are the questions that give most detail....
  • agrinnall wrote: »
    I would say that any such advert could easily be discriminatory: if the reason given is for the location of the job, then the requirement is that applicant can get to that location, not that they have a driving licence. What if an applicant is disabled, doesn't drive themselves, but has a full time caring team who will drive them to and from work each day?

    Again, why does disability come up in this as a discriminatory factor?
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