THE EMPLOYMENT RIGHTS ACT 1996:
All employees must receive written details of their employment terms within two months of starting work, normally in a contract of employment. The act specifies the details, which must be given. If an employer makes significant changes, which the employee disagrees with, then the employee may be able to claim constructive dismissal and complain to an employment tribunal.
All employees asked to work on a Sunday can ‘opt- out’ by serving notice. Employees must be allowed time of work for jury service or antenatal care.
Sainsburrys must use this act because the employees have certain rights, which cannot be dismissed; otherwise the employer could be taken to court and get sued for not being fair to an employee.
The employment rights act effects everyone in Sainsburys recruitment, male female, all races and all ages.
Employment Legislation helps protect employees by making sure that the acts and laws are followed through with, also that the employee would be completely protected and without having to worry about anything.
For example if there was an employee who couldn’t work on a Sunday and gave notice but was refused. Then that is where the act would come in, the act clearly states that an employee can ‘opt-out’ by serving notice.
THE SEX DISCRIMINATION ACT 1975
This act makes it illegal for anyone to be discriminated against on grounds of gender (or gender reassignment)- either directly or indirectly. In employment this applies to recruitment and selection for jobs and promotion, training, the way you are treated in a job, dismissal and redundancy. Direct discrimination is where one gender is excluded, e.g. ‘only men need apply’. Indirect discrimination is where a condition would make it more difficult for one sex to comply e.g. ‘only those over 6’ 6” need apply’. Even if this is done unintentionally, the organisation is still guilty. There are some special expectations, such as in acting or live-in jobs, if the employer can show a genuine occupational qualification (goq) applies.
Sainsburys must use this act so that there will be discrimination when it comes to employ someone because of there gender. This act ensures that the males and females are treated as equals in Sainsburys.
E.g. If there was a job going at Sainsburys, and there were a number of people going for an interview, but only men were considered the job because women were thought of as not strong enough, that would be direct discrimination. But because of the sex discrimination act, employment law would safeguard the employee.
EQUAL PAY ACT 1970
This act basically falls under the sex discrimination act, because it means that jobs where the work is of ‘equal value’ must be paid at the same rate for men and women.
E.g. if there was a female employee and a male employee doing the same job but the employer believes the female should get paid more because women work harder. This is why the equal pay act is there, so that if this was to happen then the male employee could go to an employment tribunal.
THE RACE RELATIONS ACT 1976:
This act makes it unlawful for anyone to be discriminated against on grounds of colour, race, nationality or ethnic origin. Again both direct and indirect discrimination apply, e.g.’ only white people need apply’ or ‘only those who can speak English as there first language need apply’. Again there are certain special circumstances under which it can be justified, e.g. restaurants for authenticity, but these are relatively rare.
The employees at Sainsburys have the right to work there whatever race, they are. They should not be rejected because of their race.
The employer has the responsibility to make sure that there are no unfair dismissals because of someone’s race, colour, nationality or ethnic origin.
E.g. if a black employee was refused a job because the employer believes that a black employee would intimidate some customers.
That would be wrong and would be reported to the employment tribunal.
But that would not happen because of the race relations act.
THE DISABILITY DISCRIMINATION ACT 1995:
This act is concerned with discrimination against people with disabilities in employment, when obtaining goods and services or buying/renting land or property. The disability may be physical, sensory or mental but must be relatively long term (i.e. last more than 12 months). Employers must not treat a disabled person less favourably than able-bodied persons whether in recruitment, training, promotion or dismissal unless justified. Employers must also be prepared to make responsible adjustments to the workplace to enable the disabled person to do the job. Disabled persons who suffer discrimination can complain to an employment tribunal. Discrimination in this case is not divided into ‘direct’ and ‘indirect’ but is ‘less favourable treatment that cannot be justified’.
conclusion
This act would protect the employees at Sainsburys because if there was a disabled employee working there then he/she could not be discriminated, because of the act the employee would be protected.
E.g. if there was an disabled employee working at Sainsburys, and they wanted to change the size of one of the isles in the storage room, to make room for something else, but the employees wheelchair could not possibly fit through there. They would not be allowed to do that because of the employee’s disability.
