ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book the case law in the context of Lady Hale’s assertion. It examines a number of areas of discrimination law, where again hard and fast borders cannot be guaranteed, returning occasionally to Lady Hale’s theme. The book examines the difficulties of ‘incorporated’ and ‘cumulative’ cases. It moves away from the direct/indirect debate, with a focus on the fuzzy borders around the notion of indirect discrimination. The book continues with an examination of the objective justification defence deployed for indirect discrimination. It explores the notion of ‘perceived discrimination’, whereby a person treats unfavourably another because of a mistaken belief that the other possesses a protected characteristic. It picks up on the theme of comparisons, this time in the context of a requirement to be married as a proxy for sexual orientation discrimination.