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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A charity based in UK leicester is VERBALLY enforcing a rule

Customer Question

A charity based in UK leicester is VERBALLY enforcing a rule against the female gender.
Nothing exists in writing and according to equalities act 2010 they are committing direct discrimination. They will only confirm over phone and or in person.... they refuse to acknowledge in writing and the rule does not exist in writing. Apparently it has existed for 20 years and no one is able to stop them
PLEASE HELP
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What is the rule in question?

Expert:  Ben Jones replied 1 month ago.

Hello, not sure if you saw my initial query above - What is the rule in question?

Customer: replied 1 month ago.
Hi Ben ,The caste is called maher , they are registered in Leicester as a charity yet they are verbally discriminating. They say if you are a maher man who has married out of caste you are permitted to bring your spouse to Navratri Hindu festival at the Maher hall Leicester , however if you are a female who has married out of caste then only you are allowed to attend but not your husband.... I have written and emailed but they won't put anything in writing. When someone recently asked via email they rang and verbally confirmed . The rule has been in place for 20 years! It is known and enforced but they won't put anything in writing ever! I have recently created an uproar on social media to demand gender equality. They don't want the bad publicity so have asked to meet me to "address concerns" I said I will only do so with 2 other witnesses
Expert:  Ben Jones replied 1 month ago.

Thank you. Whether the alleged discriminatory behaviour is verbal or in written form makes no difference – discrimination is still discrimination regardless of the fact it may not have been documented anywhere or be contained in a written rule or procedure. So that would not really change the legal position.

The issue is whether this is discrimination and if it can be justified. Then you need to look at how to take matters further if needed.

First of all this would appear to be sex discrimination because women are treated less favourably than men by being prevented to bring a partner if married out of caste. It would only be direct discrimination if the reason for this rule is gender. Otherwise, it would be indirect discrimination because they are applying a rule which places women at a disadvantage when compared to men. So for example, if there is a religious or other reason for this rule, it would not be direct discrimination because gender is not the direct reason why they are doing this, but it would be indirect discrimination because in the process women end up being treated detrimentally.

There will be no indirect discrimination if their actions are objectively justified: where the practice in dispute is "a proportionate means of achieving a legitimate aim". It is for them to justify if there is such a reason in place but that is one possible defence to a potential claim in these circumstances.

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

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 month ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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