Employment Law - Relevant Legislation, Rights and Duties: Duty of Mutual Trust and Confidence, Sex Discrimination Act 1975, and Vicarious Liability.
Alistair Courage Employment Law Assignment 1 Part B Case 1 Relevant Legislation, Rights and Duties: o Duty of Mutual Trust and Confidence o Sex Discrimination Act 1975 o Vicarious Liability The legal position There is an implied term of a duty of mutual trust and confidence that has been breached in this situation. Sexual harassment is not specifically provided for in the Sex Discrimination Act (SDA) 1975 but there have, however, been cases where the Employment Appeal Tribunal has used the act to show a breakdown of mutual trust and confidence. Reed and Bull v Steadman [1999] for example outlines a case where a managers bullying behaviour towards a secretary amounted to sexual harassment in breach of section 6(2) SDA 1975. The employee was held to have been forced to leave her employment as a result of this breach and was entitled to claim for constructive dismissal resulting from discrimination. The EAT considered that sexual harassment was 'shorthand for describing a type of detriment'. With this in mind it is clear that with our case the housekeeper is clearly suffering a detriment within her employment and this detriment is on the grounds of sex. "The provisions on direct discrimination are mirrored in the Race Relations Act 1976, so that interpretations of provisions in one Act, by the courts, can lead to the same interpretation being applied to the other Act."
Employmenyt law
Employment Law Assessed Coursework Question 1 "Although the Suzen decision has been described as involving a shift of emphasis or a clarification of the law, nothing was said in Suzen which casts doubt on the correctness of the interpretation of the Directive in... earlier decisions... The importance of Suzen [has], I think, been overstated".1 Analyse the law relating to transfers of undertakings. To what extent do you agree with the statement of Mummery LJ? At common law, a contract of employment was a personal contract between the employer and the employee; when that relationship ceased, the contract of employment came to an end. Thus if a business was sold, the purchaser had the right to choose whom to employ and the employee had the right to choose whom he would serve.2 It can be seen therefore that the sale or transfer of any business, under the common law, resulted in the termination of any existing contract of employment. In 1977, this common law situation was threatened when the Acquired Rights Directive3 was passed. Its aims were, inter alia, essentially to ensure that when an employer transfers his business to another employer, the transferor and the transferee shall inform the employees affected and to ensure that the latter's contracts, along with agreed terms and conditions, are transferred from the first to the second employer. The Common law position was
What does the Sex Discrimination Act say?
What does the Sex Discrimination Act say? The Sex Discrimination Act 1975 (SDA) prohibits sex discrimination against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. It also prohibits discrimination in employment against married people. Since the Civil Partnership Act 2004 came into force on 5th December 2005, the same protection is afforded to those in a civil partnership as those who are married. It is not unlawful to discriminate against someone because they are not married. Victimisation because someone has tried to exercise their rights under the SDA or Equal Pay Act is prohibited. The SDA applies to women and men of any age, including children. Discriminatory advertisements are unlawful but only the Equal Opportunities Commission can take action against advertisers. The SDA applies to England, Wales and Scotland. What is sex discrimination? The SDA prohibits direct and indirect sex discrimination. There are special provisions about discrimination on the grounds of gender reassignment, pregnancy and maternity and harassment in employment. Part I of the SDA describes the forms of discrimination to which the SDA applies. Direct sex discrimination This is where a woman (or man) is treated less favourably than a person of the opposite sex in comparable circumstances is,
This report has been written for 'Smiths Builders Ltd' who wish to focus and improve on Occupational Health within their organisation.
This report has been written for 'Smiths Builders Ltd' who wish to focus and improve on Occupational Health within their organisation. Work related ill health; also known as occupational ill health describes any illness an employee suffers because of the hazards they have been exposed to at work1. The European Construction Institute (ECI) recognises that there is a fundamental need to examine the extent, causes and management of the problem of occupational ill health in the construction industry and to improve the health culture. Clients, designers, contractors, other experts and the workers themselves need to be involved. Historically, less effort has been directed towards health matters in the construction industry in favour of the more immediate, high profile (and perhaps more solvable) problem of safety. Nevertheless, ill health continues to disable and kill large numbers of construction workers. In fact, the delay in the effects becoming obvious is one of the main reasons why the subject should be taken seriously2, e.g. 36000 people in the UK suffer from 'Vibration White Finger' and over a million are at risk. - HSE 1998, UK and US construction workers have the third highest rate of skin disorders - Buckhart et al 1993. Clients and contractors have a statutory and common law duty to develop health risk management systems, which should be based on full and careful
Age Discrimination.
Age Discrimination Age discrimination - most Americans have heard the term, but how many truly understand the causes, implications, and tremendous impact it has on the American economy? Despite passage of The Age Discrimination in Employment Act of 1967, which protects individuals who are 40 years of age or older from employment discrimination based on age (EEOC 1), discrimination continues. We must understand why it exists in the first place, what the benefits of hiring and retaining experienced workers are, what the current status of the 40-and-over workforce is, and what should be done to prepare for the future. The median age of the American worker is somewhere around 40, and is expected to reach 41 by the year 2005. The number of workers age 55 and older is anticipated to pass 22 million by that time (Steinhauser "Diversity" 1). So why is our society so youth oriented? The answer lies in a simple, five-letter word - the media. The media -- be it via television and cable, movies, or magazines -- loves youth, and deifies trim, fit and extremely youthful models at every opportunity because that is what sells movies, shows, and magazines. Older persons in sit-coms are generally portrayed as foolish dolts, the butt of jokes and witty barbs tossed about by teenage geniuses who run circles around their poor, idiotic elders. The media generally does not present aging persons
Business Law
50 CLS Coursework 1 "Judiciary have no role to play in the interpretation of law created by Parliament. The words and phrases used within a statue must be followed irrespective of the views held by any particular judge, even where this may lead to perceived injustice or absurdity" Explain what is meant by the phrase "Statutory Interpretation", highlighting relevant case law (including facts and decisions) and assess the validity of the above statement. The definition of statutory interpretation is the process of interpreting and applying legislation. Some amount of interpretation is always necessary when a case involves a statute. In addition is may not always be apparent as to what an act means or how it should be applied in a particular scenario, there are a number of reasons for this as act's are not always clearly written, they may not always be properly drafted therefore causing problems, furthermore the language used may be ambiguous and a possibility could be that at the time of drafting the law the context in which it was written could have been different, therefore it was impossible to predict future events. When faced by an act in parliament, judges are supposed only to apply the law, not to make it (if parliament has legislated on an area, parliament is superior, thus the judiciary should apply parliament's law). Judges on that basis cannot refuse to
The public debate is polarized between those who believe sex in the workplace doesn't belong andthose who believe it is okay as long as it is between consenting adults.
The public debate is polarized between those who believe sex in the workplace doesn't belong and those who believe it is okay as long as it is between consenting adults. In the terms of the business world employers realize that new and creative solutions are needed to deal with the changing work world and the increase in office romances. Many companies frown on relationships at work. Some usually American firms make these relationships a firing offense. The prime motive for this is the fear of a sexual assault lawsuit after a failed romance. Others do not outright ban office romances but make it known that if you are in one your chance of promotion is limited. Many experts agree that these approaches do not work. Statistically, sexual harassment lawsuits after a failed relationship are rare. Sexual harassment suits are usually about bullying where sex is a tool not from a failed romance. Blanket bans on relationships are hard to enforce, love will find a way. If one employee is terminated because of an affair it certainly won't make their significant other pleased with the company. Realistically the firm has lost two valuable employees. One strategy that has been suggested is to be discrete until the relationship is firmly established and then tell management before the affair has become public knowledge. The couple in the relationship must make
Legal Analysis Model
Legal Analysis Model The relevant facts According to the facts in the Harvard Business School Case: Paul Cronan and New England Telephone Company (A), Paul Cronan was discriminated against by New England Telephone (NET) when supervisors and co-workers learned that he had AIDs related complex (ARC). Paul had been with the company for over a decade and prior to his most recent position as a technician in South Boston, there is not an indication that he had missed a significant amount of work. However, in the eighteen months since he moved to the South Boston position, he had missed work due to a medical illness and associated appointments. Upon asking for more time off to go to an appointment, his direct supervisor requested that Paul disclose the nature of his illness while assuring Paul that this would be kept confidential. Paul's supervisor, Charles O'Brien was unable or unwilling to keep this confidential and the nature of Paul's illness was then related to other supervisors and employees. Prior to returning to work, Paul learned that other members of the organization had been informed of his illness and that there had been threats to harm Paul if he returned to work. Fearing physical harm, Paul requested to be put on medical leave. NET paid illness benefits to Paul for a full year, at which point, his illness benefits ran out, and in accordance with company policy,
Employment law
(1) Anne has worked for 5 years as a nursery nurse in Krusty's Nursery, and she worked under Jill who I hope was her line manager because when Anne applied for a new job jill gives out her reference. Anne has recently fallen out with Jill and has applied for a job with another nursery, which has asked Jill for an employment reference. Jill has provided a reference to the other nursery which states 'Anne has been employed by our nursery for five years. There have been several complaints by parents that she is unkind to their children'. Anne has not been offered the job and was shocked when she saw the reference. According to what was said in this case Anne was not even aware of all complaints made on her so she seeing it in her reference was a big shock for her. There is an implied term to take reasonable care in compiling or giving a reference and in verifying the information on which it is based. An employer may be liable to the employee or former employee for any economic loss suffered as a result of a negligent misstatement, just like in the case of Spring V Guardian Assurance plc [1994] IRLR 460. In that case, the House of Lords held by a majority, with Lord Keith dissenting, that on giving a reference to an ex-employee, in response to a request by an identified prospective new employer, the former-employer owes a duty of care to the former-employee, that the breach
“Equal In Law? The Case of The Female Lawyer”.
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. The