Equal Opportunities Legislation.
Equal Opportunities Legislation Equal opportunities law states that a person applying to a job isn't allowed to be discriminated against by an employer because of: * their sex/gender * their religion * their race or colour * any disability that that may have If an applicant to a job thinks that they may have been discriminated against, they can complain to the Equal Opportunities Commission who will review their case. If the company is found to be guilty of discrimination then they can be prosecuted and forced to pay compensation to the applicant who did not get the job. The Laws businesses have to take into account when recruiting and selecting staff Sex Discrimination Act 1975 A law was passed in 1975 which made it unlawful to discriminate against a person because of their sex or because they are married. A company cannot advertise for people of a certain sex, neither can they show sex discrimination in training or promotion opportunities at work. 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
Limited Liability
INTRODUCTION "The limited liability corporation is the greatest single invention of modern times"- Columbia University President, Nicholas Murray Butler.1 Limited Liability is vital in every incorporated company. Since 1844, incorporation by registration was introduced.2 With incorporation, comes separate legal personality and limited liability is just one of its consequences. Section 15(4) of the Companies Act 2006 effectively gives the company its separate personality as long as the requirements under the Act regarding registration and incorporation had been satisfied. However, it cannot be denied that even until today, there are many efforts in analysing the legal responses to limited liability and how the courts would act in the future. The courts have to start asking themselves how well have it been in disregarding or avoiding the consequences of, separate personality, when justice requires it to do so? CONSEQUENCES OF LEGAL PERSONALITY AND LIMITED LIABILITY In 1987, English court gave judgment to Salomon v A Salomon and Co Ltd,3 which then became the most important authority when defining separate personality. The House of Lords had also effected the doctrine of limited liability as a result of this case.4 Salomon v Salomon5 Mr. Salomon was originally a sole proprietor, who later sold his business to an incorporated company, 'A Salomon and Co. Ltd'.6 The
Discrimination in the workforce
Discrimination in the Workforce In this essay I will be discussing issues of discrimination especially sex discrimination and how it affects women in an organisation. Case studies will be used to show how discrimination occurs at work and each example will be analysed and evaluated using the consequentialist and non consequentialist approach which includes Kantianism. Immanuel Kant suggested (2001, pg 44, 6) that "treat people as ends, never as means". Discrimination is defined as unfair treatment of an individual or groups of people on the grounds of race, religion, sex, disability or age. McEwan states (2001, page 199, 8) "discrimination is regarded as unethical because it violates human dignity and autonomy and often leads to the withdrawal of rights that should be available to all members of society". Corporate social responsibility is an important issue within the firm and therefore it is stated that all the stakeholders should be treated ethically in a social responsible manner. Milton Friedman however states (2001, Pg 328, 8) that "the company's sole responsibility is profit maximization"; this can affect the perception of how stakeholders are treated. Ethics can therefore be an important tool which can determine values, trust and establish codes and standards which deal with right and wrong business behaviour. One form of discrimination that does take place
Can positive discrimination be reconciled with equality of opportunity?
Can positive discrimination be reconciled with equality of opportunity? The term 'Equality of opportunity' is one that cannot be easily quantified, there are varying opinions as to what it actually encompasses. The fundamental aim of equality of opportunity is the proviso that every individual has equal access, and open competition to institutions and for advantaged social positions. That is to say an individual is assessed on their personal merits and attributes not a particular social group to which they belong. Positive discrimination is a generic term which incorporates different levels of social engineering, (via a system of governmental legislative intervention, and corporate responsibility) which includes the possibility that an individual could be selected to one of the same institutions or advanced social position, but not on the basis of merit, but because, (in part, or wholly due) to the fact they belong to a underprivileged group that has been discriminated against in the past; even if this particular individual has not received any discrimination themselves. When viewed prima facie it seems that there cannot be any reconciliation between positive discrimination and equality of opportunity; in fact it seems that they run a counter argument to one another. However, my understanding of equality of opportunity has a broader concept. If positive discrimination is
Indirect Sex Discrimination
Indirect Sex Discrimination Indirect discrimination is where there are rules or conditions which apply to everyone, but which affect one group of people more than the others, where there is no good reason for the rule. It is aimed at conduct or practice which, on surface, appears to be neutral or innocuous, rather than discriminatory, but which in effect, has an adverse impact on a particular sex or race. In the fictional case of Mary Smith, she was indirectly discriminated on sex that is unlawful under (s 1(2) (b)) b Sex Discrimination Act 1975. Its definition1 has been altered slightly by the Sex Discrimination2 (Indirect Discrimination and Burden of Proof) Regulations 2001 SI 2001/2660. Before this, both the burden of proof and the definition of indirect discrimination were the same in cases of sex and race discrimination. Section 63A of the SDA 1975 changes the burden of proof. Now, where a complainant proves fact from which the tribunal can conclude, in the absence of an adequate explanation from the employer, that an act of discrimination has occurred, the tribunal must uphold the complaint unless the respondent proves he did not commit the act. Thus, the Regulations impose a statutory duty on the tribunal to shift the burden of proof where the facts establish a prima facie case of discrimination. A REQUIREMENT OR CONDITION IMPOSED ON ALL APPLICANTS Mary was an
Employment Law and Equal Opportunities legislation
Employment Law and Equal Opportunities legislation The Employment Rights Act 1996 was created so every employee has the right to holidays, leave, payslips, redundancy payment, and maternity leave. The Race Relations Act 1976 was created so everyone would be treated equally, whatever their colour race religion nationality citizenship or ethnic origin. The Sex Discrimination Act 1975 was created to stop discrimination between males and females as this occurs in training, recruiting, dismissing and promotion prospects. 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. Mrs Muslim tries to get a job as a nurse and is told that she will have to wear a short nurses traditional uniform but wearing a short dress is against her religion. She asks if she could wear trousers but is told no even though the men are allowed to wear trousers. This is discrimination against her religion and she could take further action using the Race Relations Act 1976. Mrs Female is the most qualified person at an interview for a doctor but is told she did not get the job. When she finds
How much regulation is necessary between the employer and the employee?
Title VII 1 Title VII of The Civil Rights Act Debbie Blakesley Employment Law MGT 434 George Williams October 22, 2003 Title VII 2 Title VII of the Civil Rights Act How much regulation is necessary between the employer and the employee? Laws and regulations are necessary to keep order and stability in the workplace and in society. We do not want the government telling companies how to run their business or how to treat their employees. We complain about too much governmental control, yet we want the protection that these laws and rules provide. Some forms of regulation are necessary between employer and employee to insure that the employee has equal footing with the employer. Any employer with fifteen or more employees falls under the jurisdiction of the Civil Rights Act of 1866. There have been many additions and revisions of this law including Title VII of the Civil Rights Act of 1964. This law prohibits and employer from discriminating on the basis of "race, color, gender, national origin or religion" (Bennet-Alexander D., 2001 p.62). The racial unrest and civil disobedience of the early sixties was an important driver of the debate and eventual passage of Title VII in 1964. There were existing laws addressing the separation of blacks and whites as Congress was trying to move away from the 99-year old post Civil War history Discrimination was seen in
The essay will seek to examine and conclude if Trade Unions, in a twentieth century, still play a pivotal role in the work place. I will consider a number of factors that have shaped employment law today and have somewhat changed the relationship between
Introduction The relevance that Trade Unions play in industrial relations is a question that requires an in depth analysis of their history, their aims and primary roles. The essay will seek to examine and conclude if Trade Unions, in a twentieth century, still play a pivotal role in the work place. I will consider a number of factors that have shaped employment law today and have somewhat changed the relationship between employee and trade unions. This includes an overarching principle of Individualisation of the employment contract, wide spread legislative reforms that have changed the scale of trade unions and employees, a move towards an educational system, and the diminishing use of Collective bargaining. Before I proceed with examining the extent that trade unions play in industrial relations I feel that a brief history of the trade union movement is required. The United Kingdom has long been seen as the heartland of the modern trade union movement over the last century. The emergence of the modern trade union started in the nineteenth century with the beginning of the Industrial era. Alongside a new era came a laissez faire approach by Governments and a rise in capitalism; refusing to accept workers rights and placing more emphasis on productivity. As a result there was a heightened demand for workers to assert their rights and to ensure businesses accepted a level
REPORT INTO EQUAL OPPORTUNITIES AND THEIR IMPORTANCE WITHIN THE WORKPLACE.
REPORT INTO EQUAL OPPORTUNITIES AND THEIR IMPORTANCE WITHIN THE WORKPLACE. TERMS OF REFERENCE To produce a formal report to the board into the implications of Equal Opportunities and improvements that can be made to the current Equal Opportunities policy. INTRODUCTION Equal Opportunities and related legislation has become a topical, and much publisized, issue in recent years. Employers are now spending vast amounts of money and time to educate all levels of employees from managements to part-time employees in the area of Equal Opportunities and discrimination. This is to ensure that managers are aware of the implications, and also to communicate to all employees the company stance on discrimination and how it can be reported. Throughout my 20-year career I have made the transition from Trade Union representative to Human Resources Practisioner, during which time I have gained an understanding of the sensitivity of discrimination. The aim of this is to illustrate my understanding of Equal Opportunities and highlight the importance of a policy to our organisation. PROCEDURE In order to compile this report I have used the following sources: . Internet research 2. Company information from my past employment 3. Dignity at work-Course notes 4. Several books related to this matter. FINDINGS What is Discrimination? Discrimination can be described as conduct that is
Ann Hopkins Case Analysis "A Case of the Legal and Ethical Issues PriceWaterHouse faced"
Ann Hopkins Case Analysis "A Case of the Legal and Ethical Issues PriceWaterHouse faced" By: Kim Dang While our culture has made progress against sexism within the past decade, the sad truth is that sexism and sexual discrimination still exists. Several reports and stories have been publicized in the past few years regarding the treatment of women in the workplace. Women have a harder time getting higher positions of authority at work than men, and are often paid a salary much lesser than their male counterparts. The Ann Hopkins case represents the legal and ethical issues of a corporate structure. Ms. Hopkins was a dedicated, able, and intelligent employee of PriceWaterHouse Coopers who believed that she would be next in line for a partnership with the firm. In her years with PriceWaterHouse, Ms. Hopkins has brought much to the company. She has successfully completed big projects as project manager (this includes the State Department, Farmers Home Credit, and the Bureau of Indian Affairs projects). Because of the successful outcomes of these big projects, Ann Hopkins believed that she will become the next partner for PriceWaterHouse Coopers. The outcome of the case was that PW decided to put her partnership status on "hold" due to her interpersonal skills. However, because the decisions are made by existing partners whom were mainly men, there were impressions that Ms.