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Employee Rights: How employment law safeguard employees and how the equal opportunities of employees are safeguarded by legislation.

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Introduction

How employment law safeguard employees and how the equal opportunities of employees are safeguarded by legislation. The Employment Rights Act 1996 Confirms the statutory (legal) rights of employees and covers the contract of employment, payslips, guarantee payslips, Sunday working, time off work, maternity rights, termination of employment, unfair dismissal and remedies for unfair dismissal, redundancy, lay offs and short time working, and the insolvency of an employer. The Sex Discrimination Act 1975 THE SEX DISCRIMINATION ACT makes it unlawful to discriminate: > In the arrangement made for recruitment to the job, e.g. advertising or interviews. > In the terms on which the job is offered. > In deciding who is offered the job. > In the provision of opportunities for promotion, transfer or training. ...read more.

Middle

The fundamental question is whether a person is treated differently due to their race, colour or nationality. If it was not for that person being black he/she would have been recruited or promoted etc. Direct discrimination is the most obvious form of discrimination. The central issue that needs to be examined is what the employer does and not what the motives may be. Examples of different motives, which are unlawful, are: > Loss of business: an employer treats a Black worker differently due to fear of a customer disapproval or outside pressure. > Reaction of existing workforce: an employer treats a black worker differently due to fear of industrial unrest or that a worker will not 'fit in' or that white workers will not take orders from a black supervisor. ...read more.

Conclusion

Mrs B supervises three white members of staff. Two of them object to being managed by a black woman and have threatened to resign if Mrs B is not moved. The corporation in order not to loose two highly experienced staff decide to remove Mrs B is a post where there is no managerial responsibilities. The corporation are liable under the Race Relation Act for direct racial discrimination by moving Mrs B. Example two: Mr S an Asian man has been working as an engineer, at a motor vehicle plant for a number of years. Recently Mr S been receiving racial abuse from a new white employee whose brother is the low shop steward. Mr S makes a complaint and is moved by his local management to a new post in the plant. The plant under the Act is liable of direct race discrimination by transferring Mr S. The Disability Discrimination Act 1995 ...read more.

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