Stephanie Cope considers the Court of Appeal’s stance on Equality Act assessors in Cary
The Equality Act 2010 (the Act) provides legal protection for individuals subjected to unlawful treatment. The Act aims to simplify and strengthen legal protection from discrimination by consolidating and amending existing legislation. It continues and unifies provisions for the appointment of assessors to assist the court in discrimination cases. The Act applies to claims of unlawful treatment after 1 October 2010. Claims relating to conduct prior to this date must be pursued under the legislation in force at the time. Some of the previous provisions were silent on the appointment of assessors. This includes the Equality Act (Sexual Orientation) Regulations 2007 (SI 2007/1263) (EASOR) which were considered in Cary v Commissioner of Police for the Metropolis [2014] EWCA Civ 987. The treatment of which the claimant, Mr Cary, complained occurred prior to the introduction of the Act and thus fell under EASOR. However, the court sought assistance from the Act and the case provides useful guidance and a timely reminder
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