• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discrimination in Employment

Extracts from this document...


Discrimination in Employment Revision Equal Pay Equal Pay Act passed in 1970. This implemented the European principle of Equal pay contained in Treaty of Rome Article 119 (now 141) and sets out a broad definition of pay. Although the EPA is limited in application in that the comparison is between a man and a woman presently employed by the same employer, Article 119 of the Treaty of Rome which requires 'equal pay for identical work' between the sexes confers a similar right to every worker in the Common Market. * Equality clause - By virtue of s1 (1) the equality clause is an implied term in every contract of employment. If Sharon is successful in her claim for equal pay, the equality clause will be activated. This means that any term less favourable in her contract than that of the comparators becomes as favourable and any term not included in her contract that is Phil's contract will be included. The effect is that Sharon's pay will rise and she will have the same perk as Phil of the company car. It is important to note here that the Act requires a term-by-term comparison between the applicant and the comparator's contract of employment. This issue came up in the case of Hayward v. ...read more.


If the market forces that lead to the differentials have disappeared, then the defence will not succeed (Benveniste v. University of Southampton [1989]). A university lecturer was appointed at a time of severe financial constraints and, as a result, she agreed to accept a salary which was below that which she would normally have received, having regard to her age and qualifications. The financial constraints were lifted approximately a year later, but the University refused to regrade her. The Court of Appeal rejected the University's 'material factor' defence, based on the economic circumstances pertaining at the time of her appointment , on the grounds that after the financial constraints had been removed, there was no longer a material difference between her and her comparators engaged on like work. The case shows that the concept of material difference is not a static one, and that a difference which was initially justified may cease to be once the justification is removed as no longer current. Ratcliffe was held to be tainted with sex discrimination even though it was genuine material factor defence as those employed in this area of the market were predominantly women. Race Relations Act 1976 and the Sex Discrimination Act 1975 both prohibit: Direct Discrimination: Where a person of one sex or racial group is treated 'less favourably' than a person of the opposite sex or a different racial group. ...read more.


Mustoe [1981] a woman with three young children was refused the job because the employer believed that mothers were unreliable workers. This rule was only applied to women with young children, and therefore constituted direct discrimination: men with young children were not in practise excluded. In all cases of direct discrimination, it is necessary to compare a person's treatment with that of someone of the opposite sex. The comparison can be hypothetical. Barry's application to model ladies under-garments may not amount to sexual discrimination. It may be a genuine occupational qualification under s7 of the SDA. Physiology or authenticity. The GOQ defence applies 'where the essential nature of the job calls for a man for reasons of physiology (excluding strength or stamina) or, in dramatic performances or other entertainment, for reasons of authenticity, so that the essential nature of the job would be materially different if carried out by a woman'. So it is lawful to insist that a model for women's clothes be female, or that a Tarzanogram performer be male. Physical strength and stamina are expressly excluded: employers may need people capable of lifting heavy weights for a particular job, but they cannot assume that only men will be able to do so. Disability Discrimination Under DDA s5 (1) an employer discriminates, if for a reason which relates to a person's disability, he treats that person less favourably than he would a person without a disability, and that discrimination is not justified. 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Prejudice and Discrimination section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Prejudice and Discrimination essays

  1. Prejudice has been around for a long time and it was from there that ...

    Montgomery in 1956 as a protest against fair treatment of black passengers. During the next ten years, he had led many peaceful demonstrations and meetings all over the country. Success came when Congress passed Civil Rights laws in 1964 and 1965.

  2. Compare and Contrast the Following Poems: Telephone Conversation by Wole Soyinka, In-a Brixtan Markit ...

    The landlady in "telephone conversation" and the Quaker are nearly opposite to each other, the landlady is against black people while the Quaker wants everyone to accept them and hopes that everyone should live freely. She is also very religious so she is more tolerant of other people and races.

  1. Free essay

    Prejudice and Discrimination

    The panel heard the toll of the investigation meant he had not returned for work since and suffered anxiety and depression. There is an obvious element of discrimination in this case as well as prejudice. He was taunted because of his sexual orientation and this is made clear by the

  2. Discussing a range of theories on inclusion and the adverse effects on peoples lives ...

    The new equality legislation now frequently goes beyond a legal requirement to avoid discriminatory behaviour. (For more information see Inclusion in Practice- Child Study p3, 4). There is increasingly a legal obligation to ensure equality of opportunity, in all relevant ways, with special attention to groups who could easily be disadvantaged.

  1. Prejudice and Discrimination - Describe the teachings of Christianity about discrimination and prejudice and ...

    King had experienced discrimination all the way through his life, which worsened when he became the leader of the civil rights movement. He was subject to violence and imprisonment and was finally killed because of his race. Religion was very important to him and helped him to carry on through hard times.

  2. Looking at James McBride and his mother, Ruth McBride.

    He does not feel a sense of belonging as well as physically he does not think that he and his mother look alike as his family was in all kinds of shades of black.

  1. Prejudice and Discrimination.

    Jesus had a responsibility to look after the poor and did not show favouritism to anyone. One of the greatest commandments is ' to love your neighbour'. It is our responsibility to stick to the commandments and do what they say for this is the words of the lord.

  2. Prejudice and discrimination

    The person who did not act with prejudice was the mans enemy. This parable teaches us that everyone is our neighbour and that we should show love towards everyone no matter who they are. Jesus was one example that we should that heed of.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work