Substantive Equality

Abstract

This article considers the extent to which EC and UK equality law are moving away from liberal notions of non-discrimination towards an approach based on substantive equality or equity, not only in the field of sex discrimination but also in respect of race and disability discrimination at a time when the EC is expanding its competence in these areas. The article begins by restating some basic concepts which feature in the forensic and legislative arguments about equality. It then seeks to answer the initial question by providing a critical analysis of recent judicial and legislative developments in three areas: (1) indirect discrimination; (2) the scope of permitted positive action in favour of disadvantaged groups; and (3) the rights of part-time workers to equal treatment with full-timers, and of workers on fixed-term contracts to equal treatment with permanent workers.