Monaghan on Equality Law

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Written by a leading human rights and employment practitioner, the new edition of Monaghan on Equality Law combines a comprehensive survey of UK equality law with an analytical critique of the legal framework and the concepts that underpin it. The text provides practical guidance on equality law as it applies to specific practice areas including employment, goods and services, housing, education, transport, and public law. It covers the history of equality law,
domestically, regionally, and internationally. It also considers the social and political context for equality. It offers a detailed exploration of the domestic law, as well as reviewing the main EU and international human rights instruments addressing discrimination.

This book reviews the history of the Equality Act and its impact on the landscape of this area of law. It examines the innovative provisions introduced by the Act, including provisions addressing 'multiple' discrimination and statutory equality duties covering all protected grounds, and also considers the decisions arising from the case law emerging since the publication of the previous edition.

The text also covers new EU law addressing discrimination outside those areas presently and historically addressed by EU law, and a number of UN initiatives directed at addressing inequality and discrimination.

Monaghan on Equality Law Review

Length:: 0:28 Mins

TO `A SERIOUS AND DIFFICULT AREA OF THE LAW'

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

In the words of the author Karon Monaghan, The Equality Act 2010 (EA2010) `is the principal subject matter of this book'-- and a startlingly and formidably wide-ranging subject it is.

Whether you are a practitioner, academic or general reader, anyone wishing to gain an in-depth understanding of this pivotal piece of legislation would do well to acquire this thorough and scholarly text published recently by the Oxford University Press. Yes, it is a reference book and a seriously analytical one too. But the nature of the subject which affects us all is compelling. Be warned that once you delve into it in search of a reference, you may not be able to put it down.

As pointed out in the book's introduction, the EA 2010 is not all that necessarily revolutionary, but `does reflect a gradual and progressive shift in the legislative approach to addressing discrimination and more particularly inequality.' Moreover, the Act will doubtless have historical impact as well as cross-jurisdictional reach.

The Explanatory Notes to the EA 2010 describe its two main purposes, namely `to harmonise discrimination law and to strengthen the law to support progress on equality.' What is not widely known about the EA 2010 is that it repeals and revokes, not quite, but almost all preceding equality legislation dating from the 1970s onward. Specifically, there are nine pieces to this legislation, the chronology of which is most interesting.

Between the enactment of the Equal Pay Act, the Sex Discrimination Act and the Race Relations Act in 1970, 1975 and 1976 respectively, there was a nineteen year gap before the Disability Discrimination Act came into force in 1995. Another eight years elapsed before five further pieces of legislation were enacted in 2003, 2006 and finally, 2007 with the advent of the Equality Act (Sexual Orientation Regulation). Equality - and there are a number of definitions and interpretations of it outlined in the text - has undergone a lengthy gestation period - which extends of course, much further back than 1970.

In this volume of almost 800 pages Monaghan has endeavored to cover some of the historical as well as contemporary issues pertaining to the EA 2010 and also has considered to a limited extent some comparative law. Prior to discussing the key concepts of protected characteristics and prohibited conduct in Part II of the book, Part I provides an interpretation of the Act as well as an historical overview. Part III focuses on unlawful acts and enforcement, while Part IV examines strategic action, statutory duties and the Equality and Human Rights Commission.

Copiously footnoted, the book offers researchers a rich reservoir of research tools and resources, including over sixty pages of tables of cases, legislation and treaties and conventions. The detailed table of contents and lengthy index at the back neatly aid navigation throughout.
In all, this is a comprehensive and exceptionally valuable text on what Baroness Brenda Hale refers to in the Foreword as `a serious and difficult area of law'. The publication date is cited as at December 2012.

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