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Question

Difficulty: Very hardTreating Others with Fairness

A private association introduces a membership rule requiring all applicants to have been UK residents for at least 15 years. An applicant from a minority background challenges this rule as being unfairly discriminatory under the Equality Act 2010. In response to this formal challenge, the association permanently bans the applicant from using its public café. Under the principle of treating others with fairness, which specific type of unlawful behavior has the association committed by banning the applicant from the café?

  1. VictimisationAnswer
  2. B
    Indirect discrimination
  3. C
    Harassment
  4. D
    Direct discrimination

Answer

Victimisation
The correct answer is victimisation. Under the Equality Act 2010, victimisation occurs when an individual is treated less favourably because they have taken action—such as making a complaint or a challenge—regarding discrimination. In this scenario, the ban from the café was a direct retaliation for the applicant's formal challenge, fitting the legal definition precisely.

Step-by-Step Solution

1
Analyze the initial scenario
The association has a residency rule that likely constitutes indirect discrimination because it disadvantages certain groups based on national origin.
Understanding the context of the initial dispute is necessary to identify the subsequent legal violation.
2
Identify the 'protected act'
The applicant formally challenged the rule under the Equality Act 2010.
Retaliation is only classified as victimisation if it follows a protected act, such as making a discrimination claim.
3
Identify the retaliatory action
The association banned the applicant from the café specifically because of the challenge.
The motive for the less favourable treatment determines the specific type of discrimination.
4
Apply the legal definition from the Equality Act 2010
Treating someone poorly because they complained about discrimination is defined as victimisation.
This matches the specific legal categories defined in the 'Life in the UK' handbook.

Key Concept

Four types of unlawful discrimination under the Equality Act 2010
Estimated Time:2m 0s
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Topics

Treating Others with Fairness

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