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

“Equal In Law? The Case of The Female Lawyer”.

Extracts from this document...

Introduction

An Article Analysis With Reference To Relevant Laws For Haze Management Consultancy By Christine Shaw Word count = 1696 "Equal In Law? The Case of the Female Lawyer" The article "Equal In Law? The Case of The Female Lawyer", provides in insight into the issues that have arisen in respect to equal opportunities. It also enables an overview of the law associated and how these are put into practice. A number of problems for females practising in law are evident from the article and I have structured my analysis by discussing the problems, with the appropriate legal issues followed by a conclusion of implications that this area of law could have for the company or its clients and recommendations. A fundamental problem highlighted in the article is that throughout the years, women have been discovering great difficulties entering a career in law. This is mainly due to the fact that although there are laws protecting the rights of women, they are not sufficient. There is also, a lack of enforcement, negative attitudes towards these laws and attitudes towards female lawyers and barristers in general. Historical context of discrimination Initially women had little or no laws protecting them at work, as it was not socially expected for a woman to work. Over the decades there has been a dramatic change in social attitude, which has resulted in laws being enforced. ...read more.

Middle

The SDA makes discrimination unlawful in "employment, education, advertising, or when providing housing, goods, services, or facilities". There are two forms of discrimination these are direct discrimination, and indirect discrimination. On the 5th November 1998, the Equal Opportunities Commission submitted recommendations for a new sex equality law to the government. This aims to provide more clarity in the present law, including suggestions such as clarifying "the EOC's jurisdiction in the context of the EC law", "a reduction in the current exceptions", they also request an examination of "positive discrimination" which is described as "preferential treatment to a previously disadvantaged group". and "monitoring by law" of companies. Also recommended is that the "respondent of a victim is to prove that discrimination has not taken place". The equal pay act covers all workplaces and Article 119 of the equal pay act deals with obligations of states to do certain things regarding equal pay and provides a definition of equal pay. It states that Men and Women should receive "Equal pay for equal work". However an employer is allowed to treat women differently in respect to maternity leave and according to EC legislation, a Directive adopted on 19 October 1992 employers should provide women with 14 weeks maternity leave. The EOC recommends changing this to 18 weeks and simplifying the procedures. There are many other careers that have been affected by sex discrimination. ...read more.

Conclusion

The article highlighted the slow process of law enforcement being formed into reality and therefore more enforcement and encouragement should be made for the companies to address such problems, which would catalyse laws becoming reality. Recommending clients of Haze Management Consultancy to have a code of practice incorporating equal opportunities would be highly advisable, although the content and size should vary according to the size of the company. This would help to promote equality of opportunity and create awareness in this area of concern. By creating a company policy in this field, it is recommended to highlight that it is in the interests of both the organisation and employees. It is also important to have appropriate contracts with employees that comply with the relevant laws and integrate with the changing attitudes towards women at work. This should be done by a review of the client's contracts, which they issue to employees. Haze Management Consultants need to keep close records of changes in the adopted directives of the EC as these are usually converted into a national legislation within two years. This information is collected by the commission and held on the CELEX database and can be obtained by contacting the local EuroInfoCentre. This I would highly recommend, as Haze Management Consultants need to be able to advise clients of changes and have a good insight into the future. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Employment Law 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 University Degree Employment Law essays

  1. Marked by a teacher

    Critically assess how effective employment law is as a means of altering social attitudes.

    4 star(s)

    This seems quite surprising given that one of the fundamental aims of the EC Treaty, as stated in Article 2 is " social protection and equality between men and women".31 Therefore, can true sex equality within the professional labour market only be attained by introducing a pro-active form of affirmative action as is in operation in other countries?

  2. I will be looking at the issue of disability discrimination in employment. I will ...

    and behaviour will only be justified if the justification for it is both material to the conditions of the specific case and considerable. There are also remedies for unlawful disability discrimination, which are important to take into account. Complaints must be taken to an employment tribunal and must be brought within 3 months of the act complained about.

  1. Ann Hopkins Case Analysis "A Case of the Legal and Ethical Issues PriceWaterHouse faced"

    Second, it has been determined that Ann Hopkins has "interpersonal" issues. It has been my experience that when an employee does not meet the standards and expectations of certain things, it is upper management duty to coach and train them.

  2. In this issue of "what rights" we will be looking at the position of ...

    or to the Equal Opportunities Commission (EOC). One of the main achievements of the EOC was to set up the Codes of Practice. Although it is not legally required for a business to abide by the practices it gives them guidelines to follow to avoid an employee claiming discrimination.

  1. This essay will consider the growth and history of agency workers rights in the ...

    Thus, Reynold has suggested that the decision in Muscat was wrong and that: "in any case where an agency worker is introduced to the end user pursuant to contractual arrangements which purport to govern exhaustively the parties' respective rights and obligations, there is simply no scope for 'deducing' a contract

  2. Selwyn states that it is difficult to categorise working individuals because of the complexity ...

    That person is not guaranteeing that they are going to complete the job personally, but on the other hand you could know a builder personally and specifically ask them to personally complete the job. In James v Redcats32 the court said you should ask what the dominant purpose of the

  1. Employment law

    She was given a final warning for this behaviour and the manager saw again performing the same act and He immediately called her in for a meeting and told her that in view of her admitted behaviour, and the fact that she had recently had a final warning for this,

  2. Labour law

    Despite these advantages it may be difficult for Frankie to make a claim based on breach of implied terms in the employment contract. This is because there is no hard evidence that suggests that her employer agreed to comply to such terms; nothing was written down or signed so it

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