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What equality law means - Birmingham Disability Resource Centre

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association, by<br />

auxiliary aid<br />

auxiliary service<br />

barriers<br />

Bill<br />

burden of proof<br />

charity<br />

Code of Practice<br />

comparator<br />

As in ‘discrimination by association’. See associated<br />

with.<br />

Usually a special piece of equipment to improve<br />

accessibility.<br />

A service to improve access to something often<br />

involving the provision of a helper/assistant.<br />

In this guide, this term refers to obstacles which get in<br />

the way of <strong>equality</strong> for disabled workers and other<br />

workers put at a disadvantage because of their<br />

protected characteristics. Unless explicitly stated,<br />

‘barriers’ does not exclusively mean physical barriers.<br />

For more on barriers in relation to disabled workers, see<br />

duty to make reasonable adjustments.<br />

A draft Act, not passed by Parliament.<br />

This refers to whether, in an Employment Tribunal, it is<br />

for the worker to prove that discrimination occurred or it<br />

is for the employer to disprove it. Broadly speaking, a<br />

worker must prove facts which, if unexplained, indicate<br />

discrimination. The burden of proof then shifts to the<br />

employer to prove there was no discrimination. If the<br />

employer cannot then prove that no discrimination was<br />

involved, the worker will win their case.<br />

A body (whether corporate or not) which is for a<br />

statutory charitable purpose that provides a benefit to<br />

the public.<br />

A statutory guidance document which must be taken<br />

into account by courts and tribunals when applying the<br />

<strong>law</strong> and which may assist people to understand and<br />

comply with the <strong>law</strong>.<br />

Direct discrimination occurs when an employer treats a<br />

job applicant or worker less favourably than they treat<br />

or would treat another worker in similar circumstances<br />

because of a protected characteristic. The worker with<br />

whom the job applicant or worker compares their<br />

treatment is called a ‘comparator’. Sometimes there is<br />

no actual comparator, but the worker can still claim that<br />

another worker without their protected characteristic<br />

88

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