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employment legislation

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Introduction

Employment legislation Sales of goods act This act lays down the legal framework covering the buying and selling of goods. The act only applies to sales by a business to the public. It covers sales in shops and showrooms, and by market stalls, mail order and any kind of direct sales. The act does not cover private sales. Under the act: o Goods must be of 'merchantable quality', which means they should be fit for ordinary use: they must work and be free from faults. The merchantable quality partly depends on the price paid for the goods. More expensive goods are expected to be of a higher quality. There are two exceptions to the rule. Buyers cannot complain that goods are not of merchantable quality if: - the seller points out defects when the goods were bought; - the buyer has examined the goods before buying them and has been satisfied they were all right. o Goods are assumed to be 'fit for purpose'. That is, the goods will do what they are bought for, especially if the buyer has asked the seller for advice before buying the goods. o Goods must be 'as described'. That is they must be exactly as they are described in catalogues or other sales material, or by a salesperson. For example, a sweater described as '100% pure wool' must not contain any other fibre. ...read more.

Middle

What the lawyers call a 'general duty of care' is placed on everyone in a place of work. This means that everyone in a place of work, including visitors, is responsible for his or her own and other people's health and safety. Employers duties: o To provide a safe place to work, including safe machinery and safe working methods. For e.g. making sure there are no trailing wires and that entrances and exits are not obstructed. o To enforce safety regulations and safety standards. For e.g. must be guarded and workers made to use a machine only when it is guarded. o To provide safety training and adequate safety supervision. All accidents must be recorded and investigated and the cause put right. Employees duties: o To report any defects in machinery or equipment, or in working areas. o Not to interfere with anything provided for their own safety and that of others/ for e.g. machine guards can slow a worker down. Interfering with a guard is dangerous and may lead to an accident. o To protect themselves and others in their work area. For e.g. by wearing safety clothing and not leaving things around that might cause someone to bump into or fall over them. The Disability Discrimination Act: The employment provisions of the Disability Discrimination Act 1995 ("DDA") apply to employment at an establishment in Great Britain. ...read more.

Conclusion

The test is whether the person would have received the same treatment but for his or her sex or marital status. Sex discrimination can also be indirect. This would occur if a requirement or condition were imposed upon a woman or married person that also applies to a man or single person but has a detrimental effect on the woman or married person because she or he cannot comply with it. Sex discrimination can also take place when a person is discriminated against because they have had or intend to have a gender transformation. Race Relations Act: The Race Relations Act 1976 applies the principles of unlawfulness to discrimination and victimisation about a person's colour, race, nationality, ethnic origins or national origins. The Commission for Racial Equality was established as a result of the 1976 Act. Its role is to work towards the elimination of discrimination, to promote equality of opportunity and to keep under review the working of the Act. The Commission issued a code of practice on race relations that can be taken into account by Employment Tribunals. Racial discrimination can take place directly, indirectly or by way of victimisation. When a Tribunal or court decides whether discrimination has taken place, the position of the alleged victim will be compared with someone of similar ability and qualifications in similar circumstances. Direct discrimination is where on racial grounds a person is treated less favourably than other people would be. ...read more.

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