Employment Law Assesment [Type the Company Name] Employment Law Assesment [Type the Document Title]

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Employment Law
Assesment
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Contents
Introduction................................................................................................................ 2
The legal risks that XYZ might be taking in following the course of action outlined in
this case..................................................................................................................... 2
The defenses available for XYZ to deploy if an aggrieved employee or would-be
employee decides to bring a tribunal case and the strength of the case that could be
mounted..................................................................................................................... 7
Advice to the senior management team when running an exercise of this kind in the
future........................................................................................................................ 10
References:.............................................................................................................. 12
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Introduction
The following paper aims to determine the employment practices in XYZ company where some
unlawful practices have been used by the company in recruiting the people and compensating the
employees of the company. So, the paper tries to determine the legal risks that the company takes
due to this and the defenses available to them. Also, some to the recommendations will be made
for securing the company in the future from making such mistakes.
The legal risks that XYZ might be taking in following the
course of action outlined in this case
With the retirement of Alan McSlick, XYZ decided to find his replacement internally. Thus a
notice was sent to all the employees of the company that if they consider themselves as suitable
candidates for the position, they can apply for the post of ‘Sales Director.' Four applications were
received for the position.
The legal risks that XYZ could face in the below-mentioned issues are that these issues are in
contravention of the Equality Act. This law tries to protect the people who are not treated equally in
the companies and workplaces or because of some stereotype or prejudice; they are disadvantaged.
This act protects the people from any kind of discrimination at the workplace and protects them
from discrimination against disability, age, marriage, race, sex, maternity and pregnancy, religion
and belief, gender reassignment and sexual orientation (Act, E., 2010. Equality Act 2010. The
Equality Act.). The issues in rejection as well as selection of the candidates which are as follows:
1. Julie Keene was the first candidate for this position. Including Julie, there were just two
females in the sales department of the company. Julie was recruited in the company
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recently, and she was a very good candidate. But her application was rejected by the senior
managers because they thought the team which is to be managed by the ‘Sales Director'
comprises of people that are old in age and are males and they will not like to be managed
or supervised by a female who is younger to them. Also, they rejected her because they felt
that her appointment would have a negative impact on the old male customers that makes up
the user group and they are comfortable in dealing with male employees of the company
only.
So it is evident that Julie can file a suit against XYZ that she was being discriminated on the
basis of sex and age (Dipboye, 2013). The senior management treated her in a less favorable
manner than she would have been treated and she was not even given an opportunity to
compete for this position. She was rejected straightly on the grounds that she was a younger
employee and will not be able to handle the team of senior people and since she was a
female so she won’t gel up with the male employees as well as the male customers of the
company.
In O’Reilly V BBC & Ano2 2200423/2010(ET), it was claimed by O'Reilly that the people
of her company discriminated against her due to her age and sex, and she was not given the
job. The company BBC required people that were younger in age and it was held that The
company was responsible for the discrimination in recruitment, and they discriminated
against O'Reilly (Daniels, 2012).
2. Aldo Viscida was the second candidate for this position. He was also a very good candidate
for this position. He was with the company for many years and him always on the top of the
tables for a sales commission. He won many bonuses and prizes in the company too.
Everyone in his team respected him. But his application was rejected as his writing skills
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