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Updating authors: Julian Hoskins and Sarah Lamont

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Other statutory rights overview
Sex discrimination
Race discrimination
Disability discrimination
Discrimination on grounds of sexual orientation or religion or belief
Age discrimination
Part-time workers
Fixed-term employees
TUPE

Summary

9.504

  • A single dismissal can give rise to a number of different claims against the employer. (See 9.506 Other statutory rights overview)
  • A dismissal, including a constructive dismissal and expiry of a fixed-term contract, can constitute an act of sex discrimination. (See 9.507 Sex discrimination)
  • A dismissal, including a constructive dismissal and expiry of a fixed-term contract, can constitute an act of race discrimination. (See 9.508 Race discrimination)
  • A dismissal, including a constructive dismissal and expiry of a fixed-term contract, can constitute an act of discrimination on grounds of disability. (See 9.509 Disability discrimination)
  • A dismissal, including a constructive dismissal and expiry of a fixed-term contract, can constitute an act of discrimination on grounds of sexual orientation or religion or belief. (See 9.510 Discrimination on grounds of sexual orientation or religion or belief)
  • A dismissal, including a constructive dismissal and expiry of a fixed-term contract, can constitute an act of discrimination on the grounds of age. (See 9.511 Age discrimination)
  • A dismissal may amount to less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. It will be unlawful if it is on grounds that the employee is a part-time worker and it cannot be justified on objective grounds. (See 9.512 Part-time workers)
  • A dismissal will amount to less favourable treatment under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 if it is on grounds that an employee exercised his or her rights under the Regulations. (See 9.513 Fixed-term employees)
  • The dismissal of an employee in connection with a transfer of an undertaking may give rise to a claim for unfair dismissal liability for the transferor or transferee. (See 9.514 TUPE)

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Future developments

9.505 Equality Act: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination. The Equality Bill was formally introduced in the House of Commons on 24 April 2009, and received its second reading on 9 May 2009.

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