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University Degree: Employment Law
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As these results will determine the access to further or higher education for most school leavers, it is interesting to note that the number of females who receive acceptance for university is dramatically lower than that of the males. This leaves us asking the question 'why give the opportunity to a person less capable?' the answer: inexplicable. During the Victorian era - 1837 to 1901 - a woman's place was indefinitely in the home. The transformation of Britain into an industrial nation had profound consequences for the ways in which women were to be idealised.
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This was met with the Race Relations Amendment Act ....which came into force on July 19th this year NOT SURE WHAT IT IS ACTUALLY. But do these reforms go far enough with widespread discontent at the omission to include indirect discrimination in the revisions there are claims that the majority of recommendations made by the MacPherson committee have been ignored. This essay will seek to discuss both the 2000 ammendments in addition to the 2003 regulations which encompasses and extends recent case law in relation to then liability of employers for acts of discrimination by their employees.
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Over the decades there has been a dramatic change in social attitude, which has resulted in laws being enforced. The main change mentioned in the article was the enactment of the Sex Disqualification (Removal) Act 1919. This enabled women to enter many professions, which previously condemned them. As a result of this, the first female solicitor and barrister was admitted as beforehand it was considered illegal for a female to enter the legal profession. Progress of female entrants however was slow and the article points out that "the 70's saw the first significant rise in women entrants". In 1923 the Association of Women Solicitors was formed and together with organisations such as the Association of Women Barristers they focus on many issues that have risen in the past due to discrimination.
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There are two types of racist act, these are known as indirect and direct. Indirect is when a company might say no Japanese can apply because of their language. Direct racism is when a company might say no red people can apply. The disability discrimination act is that you can't discriminate other people because of their disability. Businesses must provide facilities for the disabled people who apply to work in businesses. Things like: * Lifts * Ramps * Disability car parks * Disability toilets * Automatic doors This would then please the customers at Boots and other businesses.
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It was a strongly male dominated society. However women were not going to stand for this much longer and in the twentieth century began to fight for equal rights hence the uprising of the feminist�s movement. This was to be the start of a long hard upward struggle. During the twentieth century, there has been a gradual improvement in the status of women in Britain. At the beginning of the century the suffragette movement won the right for women to vote in parliamentary elections. By nineteen nineteen, all women over thirty could vote, this was lowered to twenty-one in nineteen twenty-eight.
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Barrister - Your honours, I am acting on behalf of Jeffrey, against the Head Master at St Augustine's, Church of England school, and the Board of Governors. We are issuing proceedings, claiming for unfair dismissal. Can I begin by calling Jeffrey to the stand to get a clear picture of the situation in front of us. Barrister - Can you please state your name for the court. Jeffrey - Yes, my name is Jeffrey Johnson. Barrister - Jeffrey, for the last five years you have been an employee at St Augustine's, Church of England school, am I correct?
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. without regard to their race, creed, color, or national origin. (Miller 72)" When Lyndon Banes Johnson signed that order, he enacted one of the most discriminating pieces of legislature since the Jim Crow Laws. Affirmative action was created in an effort to help minorities leap the discriminative barriers that were ever so present in 1965, when the bill was first enacted. At that time, the country was in the wake of nationwide civil-rights demonstrations, and racial tension was at its peak. White males, who controlled the hiring and firing of employees, occupied most corporate executive and managerial positions.
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for the fourth year in a row. This brought the total population count to about 35,591,000." (http://www.npg.org/states/statenews/ca_listserv6.html#capop) Within this vast population, "minority" groups make up "over half the state's population and nearly half the labor force. In addition, African-Americans, Hispanics, Asian-Americans, and other minorities will account for nearly two-thirds of new workers between now and the year 2008." (http://www.jobjournal.com/article_full_text.asp?artic/=379) With respect to these numbers, the term minority is and can be outdated. However, as long as the population continues to increase at such a high level and remains ethnically diverse, appropriate policies are necessary in order to satisfy all various groups competing within the workforce.
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* All employee are entitled to say they don't want to work Sundays they cant be sacked for this. * All female employee is eligible for maternity leave and when they come back they should be allowed to go back to their work they were doing. * An employee cannot be dismissed for acting has a trade union official or health and safety representative. * If an employee gets called for jury service they must be allowed time off. * Any employee suspended on work medical grounds must receive 26 weeks of pay. * Employee must have between 1 and 12 weeks of notice before they are dismissed.
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Employee Rights: How employment law safeguard employees and how the equal opportunities of employees are safeguarded by legislation.
> In deciding who is offered the job. > In the provision of opportunities for promotion, transfer or training. > In the benefits, facilities or services an employer grants to employees. > In dismissals, redundancy or other unfavourable treatment of employees. Jobs cannot be labelled as 'for men' or 'for women' except in very specific circumstances where the person's sex is considered to be a 'genuine occupational qualification' (e.g. acting) or the work takes places entirely or mostly abroad. The Sex Discrimination Act covers two types of discrimination: > Direct discrimination - unfair treatment because of a person's sex > Indirect discrimination - setting conditions that appear fair but in fact discriminate against one sex The Race Relations Act
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Direct sex discrimination occurs when a person of one sex is treated less favourably on grounds of sex than a person of the other sex would have been treated in the same circumstances. Indirect sex discrimination can occur where a requirement or condition is applied equally to men and women, but the proportion of one sex that can satisfy the condition is much smaller than the proportion of the other sex. Unless it can be proven that the condition is essential for the job, indirect discrimination may have taken place.
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In this issue of "what rights" we will be looking at the position of women's pay on average to men's.
The disadvantage for the females in part time work was the association of law pay. Part time employment can include cleaning, hairdressing and baby sitting which have the association of low rates of pay. We need to asses if employment legislations are adequate in protecting the pay of women. We will be looking at what the legislations are the correct channels to make a complaint and the payment gap, is it closing. WHAT LAWS PROTECT YOUR RIGHTS TO EQUAL PAY? If a worker felt that they do not receive equal pay there are two laws that can aid the worker.
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Affirmative action was implemented with the idea and hope that North America would finally become truly equal.
exerts effort) to help realize the goal of true equality among people.2 A distinction must also be made concerning the aspect of classical affirmative action, its components and other laws and regulations that are sometimes tied with it. Classical affirmative action is the action policy established by Executive Order 11246, developed by President Lyndon Johnson.3 This form of affirmative action plan includes many elements and processes. One author (Tucker, 2000, 17) states that to be an affirmative action employer is to make sure that the organization imposes no artificial barriers to persons in targeted categories.
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The first sexual harassment case was decided by the American Court System under Title VII in 1976. In 1980, after more complaints began to surface, the Equal Employment Opportunity Commission (EEOC) issued guidelines as to what constitutes sexual harassment under Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination on the bases of sex, color, or origin. Still, the public remained almost blind to the subject, until 1991, when the Senate Judiciary Committee held hearings on Anita Hill's charges against Supreme Court nominee Clarence Thomas.
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This report has been written for 'Smiths Builders Ltd' who wish to focus and improve on Occupational Health within their organisation.
will be exposed. Some of the health and safety legislation that applies to construction is as follows: * Health and Safety at work Act 1974 * COSHH Regulations * Noise at Work Regulations * PPE Regulations * Construction (Health, Safety and Welfare) Regulations Construction rightly has a reputation for being a particularly unhealthy industry because its rate of work-related illness is one of the highest of all occupational groups. Health problems within the industry are prevalent because of the number of high-risk work activities involved and the peripatetic nature of the workforce.
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Without any of these legislation's in place anyone could get treated unfairly at work. For example; Mr Black went to get a job at a company and was told by Mr White that he couldn't have a job in charge of white people. This would be discrimination because of his colour and Mr Black would be able to take this to court now that the Race Relations Act is in place.
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Advise Gillian as to Wolverine Enterprises Ltd’s legal obligations towards Alan Smith and its potential legal liability towards Sylvia Brown.
=> Consultant has advised that if possible he should avoid any heavy physical effort and working in hot conditions. Any obligations the company have towards Alan are as a disabled person, but before we can go any further with this, it is necessary to investigate what the legal requirements are for someone to be considered 'disabled'. Any legal provisions and protection available to disabled people are laid out in the Disability Discriminations Act 1995. Even if no discrimination has occurred this act contains the principles, which must legally be followed by employers regarding their duties owed to disabled employees or potential employees (there are provisions in the Act for disability discrimination in recruitment and selection).
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But much discrimination is unintentional and primarily arises from our unconscious learning experiences as individuals and as a society. The EOC's vision is for a society and an economy that enables men and women to fulfil their potential and have their contributions to work and home life equally valued and respected, free from assumptions based on their sex and to fight for a society that guarantees equality for women and for men. The SDA actually makes it unlawful to discriminate on the grounds of sex. Specifically, sex discrimination is not allowed in employment and the EPA says women must be paid the same as men when they are doing equal work.
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Hyland a scathingly negative review, containing five, what we believe are defamatory statements concerning Ms. Hyland and her performance in 2002. We will prove that Mr. Even, as an agent and President of RTSC, defamed Cynthia Hyland. We will prove: he had the intent to harm Ms. Hyland, that it was a voluntary and spiteful act by him, that there clearly was causation and that she was terminated as a result, suffering both financial and emotional harm or injury. Proving this, you must find in favor of the plaintiff, Cynthia Hyland. Thank you. The Issues: Allegedly defamatory, actionable statements made by the defendant 1.
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Legal Reasoning Example - of Dacas v Brook Street Bureau (UK) Ltd2 which deals with an appeal against an employment tribunals decision to state that an employee was not actually an employee of the company
in a similar case, McMeechan v Secretary of State for Employment. In this case it was found that the appellant was entitled to employee status on the basis of his general relationship with the agency. The employment tribunal in reaching their decision considered the terms and conditions of service with the agency, and concluded, on balance, that their overall effect was to give rise to a contract of service. It was also found that the appellant was entitled to be treated as an employee for the engagement during which he worked with the client in respect of whom he claimed payment.
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Lord Millett in Dubai Aluminium Co Ltd v Salaam  2 AC 366 concluded, ?The master ought to be liable for all those torts which can fairly be regarded as reasonably incidental risks to the type of business he carries on.? For vicarious liability it is important to determine the status of a person who committed a tort, whether he was an employee or an independent contractor. Masters will only be liable for the torts of their servant, but for their individual contractors they are usually not liable.
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