How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Question about the Equality Legislation, is that really

Customer Question

Question about the Equality Legislation, is that really family, or what?.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Just a question of which category, before submitting the question
Expert:  Clare replied 1 year ago.
HiThank you for contacting us.My name is ***** ***** I will try to helpWhat do you actually want to ask about
Customer: replied 1 year ago.
Hello Clare
This is a question relating to the Equality Act in the context of a private sports Society or club. It is a non profit organisation with 300 members. New members are first proposed and seconded by two existing members, then vetted by the Committee who are elected annually to conduct the affairs of the Society (the business of the Society shall be conducted by a General Committee to be elected etc etc), then they are or are not invited to join. The Rules further state that "Membership of the Scoiety shall be limited, and at the discretion of the General Committee" and that " any member may be reported to the General Committee for conduct prejudicial to the good name of the Society......membership is entirely at the discretion of the General Committee" Finally there are provisions for there to be a right to defend against any allegation.
Here is the issueA Member was convicted of drug dealing offence, and sent to prison. The Committee wished not to renew his Membership.
The Member was interviewed by the Secretary, and argued that other Member or Members had also been imprisoned, and that it was therefore discrimination to exclude him.
The case of the other Member had been reviewed by the Committee, and it was in that case felt that the offence (gaining an advantage by deception) did not warrant exclusion, and in any case was denied by the Member, although he had been found guilty nevertheless.Is this in your sphere, and have you any simple advice please?
Customer: replied 1 year ago.
Hello Clare
Are you looking at this ? Please let me know ?
Regards
David
Expert:  Clare replied 1 year ago.
My apologies for the delayWas the other person you mention the only other member who has been to prison?How long did they each spend in prison?
Customer: replied 1 year ago.
As far as I know there are no others. As to how long, I will check.
Expert:  Clare replied 1 year ago.
That will be important
Customer: replied 1 year ago.
Is being an ex offender a Protected Characteristic under the Equality Act please?
In one case the sentence was 9 months, spent about half in prison, did not reoffend
In the other, (drugs)the sentence was four years, spent about half in prison, then offended again and went back to serve the remaining time, plus an unknown further punishment.In addition and for the future running of the society, can you say what the result would be of a refusal by the managing committee to allow entry to an applicant they deemed unsuitable ?
Customer: replied 1 year ago.
would it be necessary to give a reason?
Expert:  Clare replied 1 year ago.
This is nothing to do with the Equality Act. That does not cover former prisoners - that is dealt with by the Rehabilitation of Offenders Actand you can read the highlights herehttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299916/rehabilitation-of-offenders-guidance.pdfSince you are not employing him there is no action that he can take.However a word of advice.Work out as a Club what your policy is on Criminal Convictions and adopt it.Have some leeway - but be clear where the boundary is.When discussing it do NOT refer to either of the recent casesPlease ask if you need further details
Customer: replied 1 year ago.
Good afternoon, I haven't entered feedback yet because i will need to come back to you with supplementary question/s rest assured I'm totally happy so far.
regardds
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
The site charges more for a phone call - do you actually want one?
Customer: replied 1 year ago.
I think I do need that, although very short.
Regards
Expert:  Clare replied 1 year ago.
Sorry - that is what the site suggests!
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
What next, particularly how does this phone call take place?
Expert:  Clare replied 1 year ago.
That will be fine - I will call you then
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.
My apologies - I had an unexpected meeting.Are you free now?
Customer: replied 1 year ago.
Free now sorry I was away!
Customer: replied 1 year ago.
Looks like you are no longer on line ? I'm not going anywhere for the rest of the day. Maybe you can try again?
Customer: replied 1 year ago.
Still here !
Customer: replied 1 year ago.
As I recall, you were going to let me have a summary of what you advised ? Not pressed, just don't want it forgotten.
Regards
Expert:  Clare replied 1 year ago.
My apologies - I typed it out and it must have disappeared into the ether!We discussed the fact that this was not a matter of Equality discrimination - and you confirmed that you have checked the Act and know what it covers (helpful for the future)I also confirmed that as a private society you are indeed entitled to regulate who is and is not a member.Your committee is entitled (indeed expected) to consider the needs of other members when making the decision on who should or should not be a member - and this would include having regard to issues relevant to the safeguarding of children using the facilities of Society as guests of other members.I do suggest that there is a written policy setting out the approach that will be taken with regard to convictions known to the Committee.In any discussions to agree such a policy it is essential that the current case is NOT part of the considerations!Please let me know if I have missed anything!
Customer: replied 1 year ago.
Do you think it is absolutely essential that the policy be a part of the rules, or can it be simply a guideline for the Committee ?
Expert:  Clare replied 1 year ago.
It should be a Guideline for the Committee - reviewed every two or three years
Customer: replied 1 year ago.
Thanks, ***** *****
regards
David
Expert:  Clare replied 1 year ago.
You are most welcome

Related Family Law Questions