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Ben Jones
Ben Jones, UK Lawyer
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Equalities Act 2010 and Discrimination Law... Where a person

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Equalities Act 2010 and Discrimination Law...Where a person claims to have suffered discrimination under the Equalities Act 2010, does the discriminator have to see the person 'B' in order for discrimination to take place?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What do you mean by 'see', do you mean to be physically present together?

Customer: replied 11 months ago.
Hi Ben Jones, yes I do mean to be physically present together.
Expert:  Ben Jones replied 11 months ago.

No, not at all. The discrimination must be as a result of that other person's actions and there is certainly no requirement for the two to be present together or to have seen each other. For example, two shift workers who work on opposite shifts and never cross paths. One leaves discriminatory notes about the other in the staff room and goes home. The victim comes along later and sees these notes - discrimination has occurred even though the two were not even near each other at the time. So to answer your quesiton it is certainly not a requirement for the two people to be physically present for discrimination to occur.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.
Hi Ben Jones, I would like to ask a follow up question. Which is, in respect of section 29 of the Equality Act 2010. A service provider must not discriminate against 'A' person requiring that service. Does 'A' person include anybody, meaning Equality of service for all?
Expert:  Ben Jones replied 11 months ago.

Are you asking about a particular service?

Customer: replied 11 months ago.
Hi Ben Jones, yes, I am asking about a public service provider.
Expert:  Ben Jones replied 11 months ago.

when you say 'A' person do you mean the person suffering the discrimination or the service provider?

Customer: replied 11 months ago.
Hi Ben Jones, yes I do mean the person suffering the discrimination. And I am trying to establish if certain people are not protected from discrimination by the Equality Act 2010.
Expert:  Ben Jones replied 11 months ago.

For discrimination in the provision of services, the person must be requiring the service in question to be covered. So strictly speaking if the person is not trying to use or already using the service in question they may not necessarily be protected.

Customer: replied 11 months ago.
Hi Ben Jones, just to clarify. If a person is using the service is everybody protected or only those with protected Characteristics? Such as can an English person be protected under the Equality Act 2010?
Expert:  Ben Jones replied 11 months ago.

yes everyone is protected. Not sure why you think an English person does not have a protected characteristic - the characteristic is 'race', not 'being foreign'. So an English person can be discriminated just in the same way as someone from a different country. Let's say a Polish person was racially abusive towards an English person - that can be discriminatory just in the same way as if it was the other way around. Hope this clarifies?

Customer: replied 11 months ago.
Hi Ben Jones, that clarifies that legal question perfectly. However, I would just like to ask one last follow up question on this subject of discrimination. When a person claims discrimination is it a legal requirement that they prove a 'comparator', such as what level or quality of service was provided to other persons?
Expert:  Ben Jones replied 11 months ago.

A comparator is needed in both direct and indirect discrimination but it does not need to be an actual comparator, a hypothetical one can be used too

Customer: replied 11 months ago.
Hi ben Jones, can you clarify what you mean by hypothetical one?
Expert:  Ben Jones replied 11 months ago.

Not a real one but you can give an example of what a person who did not have the protected characteristic is likely to have been treated like in these circumstances.

Customer: replied 11 months ago.
Hi Ben Jones, so you don't need to give empirical or material evidence legally?
Expert:  Ben Jones replied 11 months ago.

No you do not, it is obvious that there will not always be factual comparators and that should not affect someone's ability to claim discrimination so a hypothetical comparator is also acceptable

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Customer: replied 11 months ago.
Hi Ben Jones, you have been excellent in answering my legal questions and you have clarified perfectly what I wanted to know. I shall give you a 5 star rating for your legal expertise. Thank you.
Expert:  Ben Jones replied 11 months ago.

Many thanks and all the best