Category: Legal

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Substantive equality

In contrast to formal equality, substantive equality is a call for a duty upon the state to take positive measures to promote equality, including allocation of resources1, resulting in a direct redistribution of resources...

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Formal equality

Formal equality occurs when ‘like’ cases are treated ‘alike’1, and is considered to be the most obvious meaning, aligned with symmetrical equality and focuses on consistent treatment of individuals rather than outcomes2. A difficulty...

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Unfair dismissal: employee’s admissions

The Employment Appeal Tribunal has held that an Employment Tribunal fell into error when considering the impact of an employee’s admissions of misconduct on the reasonableness of the employer’s investigation. Given that the employer...

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Discrimination by association extended to indirect discrimination

The European Court of Justice’s Advocate General Kokott has given her opinion on whether the concept of discrimination by association can be extended from direct discrimination to indirect discrimination. In her opinion, the definition...