Legal Research Skills Report: Analysis of Equality Act 2010 Cases

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This report analyzes the Equality Act 2010, focusing on legal research skills and the application of the Act to various scenarios. The report begins by addressing specific questions related to the Act's implementation, including key dates, legislative purposes, and repealed legislation. It explores criticisms and reactions to the Act's provisions, particularly concerning employer inquiries about employee health. The core of the report centers on a case study involving a cafe and its interactions with several customers, including a disabled individual, a breastfeeding mother, and a same-sex couple. The report examines potential breaches of the Act, such as discrimination based on disability, breastfeeding, and sexual orientation, and it considers reasonable adjustments that could have been implemented. The report identifies legal obligations, potential liabilities, and the implications of the Equality Act 2010 in these contexts. The report concludes by emphasizing the importance of the Act in addressing discrimination and promoting equality across various facets of society. The report offers a detailed examination of the Act's implications, providing a comprehensive understanding of its application to real-world situations.
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Unit 17 - Legal Research Skills
Table of Contents
Task-1 .........................................................................................................3
Task-2..........................................................................................................5
Introduction.................................................................................................5
Conclusion...................................................................................................8
TASK-3.........................................................................................................8
Task-4..........................................................................................................9
REFERENCES.............................................................................................13
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Task-1
1.State the date on which section 186(2) of the Act came into force.
All the required changes which had to be made in this section were done before, 18
November 2019.
2. The Act refers to the reasons why this legislation was considered to be necessary.
There are many reasons which were the reason where these things were effective in
nature and this act was a urgent need to get ennacted, byt the sole main purposes which were
the reason to implement it are given below:
To remove enequality in nature and create a better requirements in organisations.
Many cases were recorded that lead to discrimination in society and such had to be
implemented so that certain things can be changed.
Crimes related to such inequal judgement were created and thus they created many
issues in the environemnt. To end these such act was created so people wont be
discriminated on grounds of race, religion, caste and status in society.
3. State the name of the legislation enacted in 1975 which has been repealed by the Act.
This act was sex determination act of 1975 which was after equlity act 2010 was
implemneted. This act became a party of equality act as it covered all grounds which were
reffered in the organaisation.
4. Name any one of the Government Departments or Offices which wereresponsible for
preparing the Act.
This bill was written by polly toynbee, later it was drafted un the super vision of
Harriet Ruth Harman. As
5.The Act gives powers to Scottish Ministers to make Regulations.
There mare many poweres which are given to these misnisteres and they have
regulated some setions in it which are, powers conferred by section 153(3), section 155(1)(c)
and section 207 of the Equality Act 2010(1). All these are implemnted by them and shall be
connected to them.
6. When section 60 of the Act was introduced, there was reaction to, and criticism of, the
removal of the right of employers to ask questions about the health of prospective employees.
First the two major criticisums which are upon equality act are mentioned below:
This was not accepted by several organisations as it made them changes several rules
and regulations in the environemnt and made it very specefic for them o treat all the
employyes at the same level.
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The second most reason to not accept this act was that many people and society one
belongs from did not have the same mentality which severely created issues in places.
this also arised many issues and disputes which took a loy of time and changes to get
implemented.
The explanation for one of the points mentioned above, and its critical explantion:
the first critic of changing things and policies in organisations were changed. There
are many implemntations which were created as per requirement. Theire are many policies
and rules which were changes after this act was created. Many companies had to even change
working styles sicnce it did not work as per requirement in organisation.
7. Reading a case study take up a case study as per regulations:
The case tudy has 2 questions which are mentioned below:
a) Ameena’s employer must give consideration to providing Ameena with
an office on the ground floor of his premises.
The above mentioned statement is correct and it comes under considereation of
ameena's boss as they have to implemnt things as per requiremnt. Since her syndrome cannot
be clinically get treated now and then as her boss its his duty to provide a better working
standards. Under this act he needs to make such changes so that he can full fill all demands
required by her to work in such organisation.
b)
If Ameena’s employer treats her more favourably than non-disabled employees because of
her condition, the non-disabled employees can claim direct discrimination. In this case such
factors of discirminatory factors do not applu to people who do not belong from such
category.
No this stement is false, in such case this does not belong under discrimination, this is
just an extra thing the organisation is doing since they have to clearly define fact that, main
installation have to clear diffrence for helping her out in her difficult time.
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Task-2
Introduction
This task will basically provide the role of an legal executive who has been looking
for working at kempston. The whole case scenario whatever world's around equality act
2010 which is connected to an incident which happened in cafe. Disable h2o subsequent
complain which was filed against him by 4 customers, name does follow Dimitri, Tom, Jenny
& Paulo. This is a report where the main purpose is to apply explain and identify, all sections
which are related to equality act 2010. This whole will explain all the Laws which are
applied in this case. In this case there are many legal obligation. There are basically only two
purposes of this report, which includes applying and explain plus identify I'm all section
applicable from equality a 2010. All these will be connected to the client legal case. The main
aim here is to explain the fact that equality is for all and any person disagreeing to it or
breaking law can face many consequences. 1
Findings
a)According to equality act which religion protected characteristics apply to all four friend
and which apply to Tom especially.2
In this case the following issue was created, after the owner refused to remove the
extra barriers which was stopping Tom to use the washroom facility. equality I see that one
she'll not be discriminate, underground if they have any kind of physical disability or
anybody as you that samples turn has disability or one is connecting one person disability to
another in association. in the act it is clearly mention that any physical or mentally condition
where someone's ability for performing day today activities are difficulty to perform. Engage
if a person is failing to meet particular reasonable adjustments for such person. This act was
1
?
Hewitt, Anne, and Matthew Stubbs. "Supporting Law Students' Skills Development
Online--A Strategy to Improve Skills and Reduce Student Stress?." Research in
Learning Technology25 (2017).
2
?
Stubbs, Matthew T., and Anne Hewitt. "Supporting Law Students’ Skills
Development Online–a Strategy to Improve Skills and Reduce Student Stress?
(2017) Research in Learning Technology Vol. 25." (2018).
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created to protect people from getting discriminated. In this case the café bistro owner will be
filled law suit for making a disabled person feel uncomfortable. He did not realize but Tom
was accused and made fun of, due to reaction of restaurant towards him. punishment for
doing such is up to 6 months till 5 years of imprisonment.3 In case of other three friends
which are Jenny, Dimitri and Paulo they were discriminated as well. in the general guideline
of equality act, any person who is not performing any illegal task or inappropriate behavior in
a restaurant can be asked to leave the place as it’s making people uncomfortable or due to any
other reason one shall be asked to leave such place immediately.
b)What exact duty imposing on the bistro in relation to all four friends.
The basic duty of restaurant is to provide correct facility to all for friends. First in the
case of tom, the you should have helped him in using the washroom facility correctly. The
barriers which word stopping him to do so should have had been removed. 2nd in case of
Jenny, was asked to feed baby outside the restaurant due to other people getting
uncomfortable of this act. Breastfeeding is the most natural procedure in the world and is
nothing to make anyone uncomfortable. If it was such a big issue that could have had given
her another space to do so or let it be as it’s literally pointless to ask a mother for feeding her
baby on road. In the third case of Dimitri and Paulo, who are gay couples. They were
expressing their love for each other in bistro, they were creating issues which were not even
present. They shall not have had asked them to leave. All these things are connected by
equality act.4
c)Has the owner of bistro breach an act by not allowing Kenney to breastfeed in public.
The equality a 2010 history. Any kind of discrimination which is made in treating of
woman for an unstable breach of breastfeeding in public environment shall be liable against
3
?
Buller, Theresa, and Sara Roberts. "Articulating Legal Research Skills Gained in a
Librarian- Taught Embedded and Extracurricular Legal Research Skills Programme." Austl.
L. Libr. 25 (2017) 6.
4
?
Balog, Kornelija Petr, and Ljiljana Siber. "Law students’ information literacy skills
and attitudes towards environmental protection and environmental
legislation." Libri 66.3 (2017): 201-212.
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this law. One cannot stop a women to do so as it one the most natural thing on earth and any
person can be punished to do so. One has to create issues related to any other matter but
apart from this. The café should become more careful before making any decision they can
file complain against them. That is exactly and law of exemption where is any woman is
asked to cover up while feeding her child is considered illegal in nature. So in this case it was
illegal for the restaurant owner. Jenny and a proper law suit will be filed over the owner of
café. The owners needs to properly apologize from Jenny and shall not repeated again as
these are punishable by law.
d) In the acts provided in equality act, what reasonable adjustments could have been created
to help Tom use washroom facility.
The reasonable possible adjustments which the restaurant should have had put
performed was to give him the correct facility in the meantime. They should not make them
feel discriminate and which was the reason of her filing a case upon them. This concept is a
very big issue in the society and after it would inducted in equality act in Euros 2010 many
people criticized this but ultimately understood why such laws are created in favor of
protecting women who are mother’s and feed their child. They should not be felt
uncomfortable and in case of such event the women can file complaint.
e)Has any act been broken when Dmitri and Paulo were asked to exit the place, after they
showed affection in public towards Each other.5
In this question it to they did that to people who are in a relationship belonging from
same gender are being discriminate in this modern era. First of all there was no mistake from
the side of any of the friend provided in this case. Second, new person in liable to judge any
individual on the basis of life's choices they have chosen and people there hanging out with.
even the government has created many laws to protect them. It’s creating many issues as they
can be asked to look at each other in different way. A protection degree of legal protection
and many judicial decision have been extended for several same-sex couple and have given
particular right and status in society.6 As they student should sincerely apologize to vote
5
?
Johnson, Lori, Jeanne Frazier Price, and Eric H. Franklin. "Research Instruction
and Resources in the Transactional Skills Classroom." Transactions: Tenn. J. Bus.
L. 18 (2016): 635.
6
?
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Austin so that they can take care Isla back and this will see it many issues for the owner of
this business.
Conclusion
This whole file revolves around, concept of equality a 2010, did is a case scenario
given to explain this app more properly and clearly. The issues with word generated in the
case law a related to discrimination the word and handicap person, discrimination for
Amanda feeding her child in public and third not accepting relationship between same
gender. agenda which has been covering all these topics revolves around how does a is
protecting all search people as well as the owner of the restaurant who is live to have for
different lawsuit from these people and they can create many issue in this matter7. Also did is
punishment mentioned in case the store to get accepted in the cold and the kids is running to
trial and training.
TASK-3
EGGS AND CHICKS (ENGLAND) REGULATIONS 2009
1.State the date on which the Regulations came into force.
It came in regulation as per the date of 2009 14 September this act generally legalized several
areas which are provided for a correct angle of area which was created for the safety and
health of a certain individual of the country.
2.State the name and position of the Minister who signed the Regulations.
The European community had created this act and had put it in force. Jim Fitzpatrick,
department of food was also involved in taking this decision.
3.State one of the two Acts which gave the Minister power to make the Regulations.
The two main reasons are:
The main is to protect health of people.
Keeping this industry clean and safe as it works with benefit of the work.
Tucker, Kay. "Practice Makes Perfect: Building Statutory Research Skills for
Students." Austl. L. Libr. 25 (2017): 15.
7
?
Johnson, Lori, Jeanne Frazier Price, and Eric H. Franklin. "Research Instruction
and Resources in the Transactional Skills Classroom." Transactions: Tenn. J. Bus.
L. 18 (2016): 635.
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4.Mulberry Tree Farm has a new hatchery for hens and is proposing to mark its eggs by using
a symbol of a black mulberry tree which rubs off when touched and covers 9 mm2 of the
egg’s surface. Explain whether or not the proposed method of marking the eggs would be
permitted under the Regulations. 8
There is not issue in using such facilities as it is giving a mark of standard of the
department of eggs. The main area of investment is to create a better working condition for
them. The issue have Been created as a matter for implementing the basic regulation and
investment. This does not harm the egg or it’s nutrients so it does not matter for having such
mark or not.
5. A application is created for doing so and one shall get the permission to sell these eggs in
how many days.
They shall get a notice within 28 days of time period.
6. Identify any two mitigating factors which will be considered by the court in determining
the amount of a penalty under the Regulations
There are many reasons and some of them are mentioned below:
Harm or potential harm to human health.
Financial harm to market and consumers.9
7. Applying the Regulations:
a) explain which requirements Kamil has met in relation to his notice
Considering the case, it can be said that Kamil has worked as per the guidelines of
regulations just for the purpose of finding the real facts behind the scenario. But, it was
necessary for him to understand that it is not allowed to take any of the evidences from any
place like office without prior approval. Therefore, it can easily be said that Kamil has not
met any requirements in relation to the Eggs and Chicks (England) Regulations, 2009.
8
?
Stubbs, Matthew T., and Anne Hewitt. "Supporting Law Students’ Skills
Development Online–A Strategy to Improve Skills and Reduce Student Stress?."
(2017).
9
?
Clarke, Kim, and Jacquelyn DeGreeve. "Town-Gown Collaborations for Enhancing
Student Research Skills." (2016).
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b) explain which requirements Kamil has not met in relation to his notice.
The officer is allowed to take all of the suspected evidence from the office but it was
necessary for Kamil that he must had taken prior approval. In addition, while taking the
evidences from the office it was specifically required for Kamil to have someone physically
present at the office like senior personnel and so on.
Task-4
1.Who were the judges in this case?
Lord Denning was a judge who held this case and provided the case and given such cases
laws and have to be as per disappointment, the disease. Several other decisions were also
taken by judges Edmund Davies and stephenson.
2. Who gave the leading judgment. 10
Lord Denning MR and Edmund Davies and stephenson.took this case. The maintenance act
1967, this involves breach of warranty. They gave final decision for this case law and applied
in the case of matter.
3. What was the name of the judge at first instance?
Lord denning and Edmund Davies and stephewas were the name of judges in this case law
who provided the correct instance for this case.
4. Give any three reasons why Mr Jarvis was dissatisfied with his holiday.
The main three reasons for mr Jarvis to get dissatisfied in this case matter are mentioned
below:
No person apart from him could speak English at the resort.
He was disappointed with the ski-ing as well. He was expecting a lot from this
holiday trip of Christmas.11
10
?
Edwards, Linda H. "The Doctrine Skills Divide: Legal Education's Self-Inflicted
Wound." (2017).
11
?
Osborne, Caroline L. "The State of Legal Research Education: A Survey of First-
Year Legal Research Programs, or Why Johnny and Jane Cannot Research." Law
Libr. J. 108 (2016): 403.
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5. Mr Jarvis won the first instance court case, yet he still appealed.
What were the two reasons why he appealed against the court’s decision?
The main two reasons for him to appeal again we’re because he was not as per the judges
shall not be given in this case. The main reason he was not as per the giving in such case law
are mentioned below:
the main issue was for creating the proper response from court.
This could have appeared in case of creating better option and he was not satisfied in
this case, in case of breach of contract.
6. Who won the appeal case and what were the reasons given by the court for the decision?
Mr Jarvis had won the case in the case of breach of contract. As after the main results it was
stipulated to grow further but did not
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7. find the answers to this solution:
a) Charlie wants to claim for mental distress due to being annoyed and frustrated that the
hotel did not remedy the maintenance problems.
From the famous case which took place between Jarvis v Swan clearly states that in
any of the situation people can only be compensate for the damages which are physical in
nature and must have the evidence of breach. But, in the given case study, it is necessary to
understand that if Charlie will try to sue hotel for the breach of contract where he suffered
mentally frustrated then he will be be compensate in this respective ground by the court. In
addition, if Charlie will sue for the damages just because of breach of contract by hotel then
in that condition he will succeed.
b) Sanjay, who works on short term contracts and is only paid when he works, wants to claim
for the loss of a week’s earnings.12
By understand the case of Jarvis v Swan in detail, it was found that Swan Tour Ltd
was not able to provide the appropriate services to Jarvis due to which he has to suffer and
even it was one of the situation where tour and travel company was required to give
compensate for the loss of salary. In the same manner, as Sanjay was suffered the loss of pay
in salary just because he decided to take a leave and spend time in holiday. But whole plan
was spoiled due to which Sanjay will have the option to claim against hotel where he will
succeed in this respective situation. 13.
12
?
Davies, Lisa. "Law PORT: An online training initiative to improve the legal
information skills of postgraduate researchers." Legal information management 17.3
(2017): 162-170.
13
?
Hamilton, Neil W. "Fostering and Assessing Law Student Teamwork and Team
Leadership Skills." Hofstra Law Review, Forthcoming (2019).
It
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