There is a various range of discriminations when employees are recruited into a job together with discrimination at the workplace such as sex, marital status or race discriminations in general, which are to be found in the Sex Discrimination Acts 1975.

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01280297(AF)

Kyu Min Lee

M07084

Law for Business

Word count: 1992 words

Student Number: 01280297

Name: Kyu Min Lee

Table of content

1. Discrimination ……………...…………………………………………………………3

  1. Definition of a discrimination…………………………………………………………3
  2. Types of discrimination………………………………………………………………..3
  3.  Remedy……………………………………………………………………………….3

2. Offer and Acceptance…………………………………………………………………4

2.1 Definition of a contract………………………………………………………………..4

2.2 Requirements of a contract…………………………………………………………….4

2.3 The procedure of making contract……………………………………………………..4

2.4 Remedy…………………………………………………………………………….….5

3. Creditors position……………………………………………………………………..6

3.1 Borrowing……………………………………………………………………………..6

3.2 Lifting the corporate veil………………………………………………………………6

3.3 Distribution of assets in liquidation……………………………………………………6

4. Bibliography………………………………………………………...…………………8

1. Discrimination

  1. Definition

There is a various range of discriminations when employees are recruited into a job together with discrimination at the workplace such as sex, marital status or race discriminations in general, which are to be found in the Sex Discrimination Acts 1975 and 1986(SDA), the Race Relations Act 1976, the Employment Act 1989 and the Employment Rights Act 1996(ERA). In other words, it is unlawful where a person in relation to an employment is refused or deliberately omitted to offer the job (s.6 (1)(c)), also where there are the arrangements (s.6 (1)(a)) or terms (s.6 (1)(b)) made for the purpose of deciding who should be offered the job on the grounds of sex, marital status, colour, race, nationality or ethnic or national origins.

  1. Types of discrimination

Discrimination can be divided into direct (s.1 (1)(a)), indirect discrimination (single person (s.1 (1)(b)), marital status (s.3 (1)(b)). Mainly, direct discrimination occurs where an employer or prospective employer treats a person less favourably than another on grounds of sex, race, or marital status (Coleman V Skyrail Oceanic Ltd, The times, 1981), while indirect discrimination refers to where a condition or requirement, which is more difficult to comply with to one gender than the other, is attached to the employment (Bohon Mitchell V Council of Legal Education, 1878,IRLR 525).

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Looking at the case study, on 02/10/02, Arnold applied for a vacancy for a cook in factory canteen of Dub Ltd, and was interviewed by one of directors, Alfonse. Afterwards, Arnold was informed that his application was unsuccessful, being posted that the place advertised is to fill the post, but not a cook.

It can be applied to one of Unlawful Discriminatory Acts which is either ‘arrangements made in deciding who shall be employed’ (s.6 (1)(a)) (Saunders V Richmond Upon Thanmes Council, 1977 IRLR 362 (EAT)) or ‘refusal/omission to offer employment based on person's sex’ (s.6 (1)(c)) (Johnson ...

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