Victimisation

Principle is that V complains about something and as a result suffers a consequence.

 Less favourable treatment than someone in the same position who had not

complained etc of behaviour that was contrary to RRA or SDA.

 Other e/es who support V are covered by the victimisation rules as well

 No need of conscious motivation by employer

 Allegations might have been unfounded, but must have been made in good

faith, for employee to succeed.

Special Cases

 Pregnancy and maternity

o Direct discrim – no need to compare unless for illness persisting after

maternity leave ended – then compare.

 Gender reassignment

o SDA amended to include as direct discrim.

Remedies

 Declaration of rights – can have terms void. Bit pointless as all it does it tell

the e/ee that he has the right not to be discriminated against – not a significant

remedy

 Order to take action to remove the effect of the act complained of…. A

recommendation by the ET for :

the e/er to remove the effect of the act by, for example,

disciplining the responsible e/ee,

5

expanding training on re discrimination,

training re interviewing.

If an extra promotion comes up the e/er mut consider the V (but

could therefore discriminate against others) and/or

 Compensation

o Which can include damages for injured feelings and PI damages for

psychiatric harm.

 No limits on compensation (average award £13,000)

 Not many claims successful, not many brought.

 Includes pecuniary losses such as LOE

 Can get aggravated damages if V dealt with in an insulting or aggressive manner. If you suffer any problems, direct your concerns to Legislation Notary London

 

NB – Schroeders case – female employee won over £1m, damage to employer huge,

lost millions due to adverse publicity and lost man hours. So employer’s need to take

claims very seriously, and take their time answering the questionnaire.

INTENTIONS AND PRACTICES

  • Claim: artistic interpretation in our culture is constructive interpretation. How could the interpretation of social practices aim to discover anything like an author’s intention? (Remember: the objection argues that interpretation must be neutral and therefore that the interpreter must aim to discover someone else’s motives and purposes.)    What sense can we make of this in context of social interpretation? Two possibilities:
    • Social practice interpr = discovering purposes or intentions of other participants in the practice, like, e.g., citizens of courtesy.
      • But, social practice creates and assumes crucial distinction between interpreting acts and thoughts of participants one by one and interpreting practice itself. Important distinction because participations DO NOT always agree on best interpretation of practice.
    • Social practice interpr = discovering purposes of community that houses the practice.
  • So, remember, began discussion by objection that constructive account of creative interpretation wrong because creative interpr always conversational interpretation. That objection FAILS for interpretation of social practices even more dramatically than it fails for artistic interpretation.
  • Didn’t get this end of chapter too well (pg 65)

STAGES OF INTERPRETATION

  • Must now refine constructive interpretation into an instrument fir for study of law as social practice. Must be three stages of interpretation:
    • “Pre-interpretive” stage: where rules and standards taken to provide tentative content of the practice are identified (equivalent literary stage is where book is identified textually). Great degree of consensus needed here.
    • Interpretive stage: interpreter settles on some general justification for main elements of the practice identified at pre-interpretive stage, need not cover all, but enough.
    • Post-interpretive stage: one adjusts his sense of what practice “really” requires so as better to serve the justification he accepts at the interpretive stage.
  • Actual interpretation much less deliberate and structured than this analytical structure suggests, it would all happen at once in “seeing”.
  • What someone needs to interpret something:
    • Needs assumptions about what counts as part of the practice to define raw data (pre-interpretive). Members of same interpretive community must share roughly same assumptions about this.
    • Needs convictions about how far justification he proses at interpretive stage must fit the standing features of practice to count as interpretation of it rather than invention of something new.
    • Needs more substantive convictions about which kinds of justification really would show practice in best light, judgments about whether social ranks are desirable or deplorable, eg. the case agaisnt abogados de accidentes firm in Florida