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Reverse discrimination meaning

Published by a LexisNexis EU Law expert
What does Reverse discrimination mean?
Reverse discrimination describes, in practice, two related uses. First, in EU free movement and citizenship law, it refers to situations where a Member State’s own nationals, in a purely internal case, are treated less favourably than EU citizens who can invoke EU law. It is not a defined statutory term, but a descriptive label used in legal analysis; the Court of Justice recognises that such outcomes can arise and, absent a cross‑border element, EU law generally does not cure them, leaving any remedy to national law. Secondly, in equality law discourse, it is used to allege that measures intended to assist under‑represented or disadvantaged groups disadvantage others. Jurisdictional position: - Ireland: the EU‑law sense remains live. Alleged reverse discrimination is addressed under Irish law unless an EU law hook exists. Positive action is permitted within statutory limits under the Employment Equality Acts and Equal Status Acts. - England & Wales, Scotland and Northern Ireland: post‑Brexit, the EU‑law sense is largely historical or comparative (subject to specific retained or protected rights). In practice, disputes are analysed under the Equality Act 2010: “positive action” is lawful only within the Act’s limits, and any unlawful treatment is determined by the Act rather than by a...
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View the related Practice Notes about Reverse discrimination

PRACTICE NOTES
Renters’ Rights Act 2025—England and Wales implementation tracker: primary Act, commencement, consequential and prescribed forms regulations; Welsh commencement and model contracts; Scottish discrimination measures

Legislation This Practice Note compiles all legislation linked to the Renters’ Rights Act 2025 (RRA 2025), summarises each provision, indicates whether it applies in England, Wales or both, and points to accompanying guidance. Items appear in reverse chronological order. RRA 2025 delivers major reforms: abolishing assured shorthold tenancies and fixed-term assured tenancies under the Housing Act 1988 (HA 1988) and replacing them with periodic assured tenancies; new termination rules; rent and deposit obligations; rights to keep pets; implied covenants on fitness for human habitation and repair; anti-discrimination measures; fresh landlord duties with sanctions for non-compliance; redress and database schemes; and local housing authority investigatory powers. For in-depth guidance, see Practice Note: Renters’ Rights Act 2025—key provisions... The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2026, SI 2026/485 — Applicable in England for specified provisions that have commenced. This instrument amends the First-tier Tribunal (Property Chamber) Fees Order 2013, SI 2013/1179, to introduce and revise fees for proceedings created or altered by RRA 2025, including...

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PRACTICE NOTES
Labour employment and equality reforms tracker: Employment Rights Bill 2025, draft Equality (Race and Disability) Bill, timelines, consultations and wider workplace commitments

Practice Note This Practice Note charts the progress, scope and specifics of the employment‑related Bills signalled in the King’s Speech on 17 July 2024, setting out the Labour Government’s legislative programme, namely the Employment Rights Bill (ERB) and the proposed Equality (Race and Disability) Bill. It records the origins of the various elements within the Bills, including Labour’s new deal for working people (September 2021) and the Labour Party Manifesto 2024, and follows subsequent announcements and press releases over time, notably the policy paper Next Steps to Make Work Pay (Next Steps). The Practice Note also maps movement on other manifesto commitments of interest to employment practitioners, such as proposals to introduce a single worker status alongside a right for workers to disconnect from work outside their usual working hours. The Labour Manifesto stated that Labour’s Plan to make work pay: Delivering a new deal for working people will be implemented in full. That document contains the detailed employment‑related pledges. The provisions are presented in tables...

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PRACTICE NOTES
Equality Act 2010 (England, Scotland and Wales): Two-stage reverse burden of proof, inferences and evidence in discrimination and equal pay claims

The statutory burden of proof test EqA 2010 This Practice Note examines the two-step statutory test on the burden of proof that covers all unlawful conduct (ie discrimination) and equality of terms (ie equal pay) claims brought under the Equality Act 2010 (EqA 2010), but excludes criminal offences. Under EqA 2010, the burden of proof regime establishes a two-stage framework for addressing proof. It applies to all proceedings concerning a contravention of EqA 2010, encompassing any infringement of an equality clause or rule. The framework is not engaged in relation to proceedings for any criminal offence created by EqA 2010. The burden of proof is likewise not engaged when deciding whether an exercise satisfies the statutory criteria for a job evaluation study for the purposes of an equal pay claim, since the burden only operates once a prima facie case on every element of the claim has been made out (either on the evidence or where the basic facts are not disputed), that is, once there is a prima...

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