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Assignment on Business law (pdf)

   

Added on  2020-10-22

13 Pages3686 Words442 Views
Business Law

TABLE OF CONTENTSQuestion 1........................................................................................................................................1Application of article 157 of TFEU and legislation related to sex discrimination and equal pay.....................................................................................................................................................1QUESTION 3...................................................................................................................................5Evaluating the Article 101 TFEU applicable for fair competition between undertaking in EU.5REFERENCES..............................................................................................................................10

Question 1Application of article 157 of TFEU and legislation related to sex discrimination and equal payIssue: Two employees Ava and Joe are employed on housing department of Newtown councilas housing assistant. They have been working in the same organisation for five years. They hadbeen appointed at the same time. Both Ava and Joe work for same numbers of hours in office.Joe receives a higher pay then Ava and also the employer of both is paying a higher payment toJoe in respect of occupational then Ava. Ava is in opinion that she is a victim od sexdiscrimination and shall be paid equal to Joe.Second case is related to Ella who is an employee in Secretarial department. She hascontended that salary paid to her and other staff in secretarial department is less than the salarypaid to staff in planning department. The salary of this staff is double than the salary paid toemployees in secretarial department. All the employees in the planning department are male.Here Ella is arguing that she has been pail half as victim of sex discrimination.The last case is related to Sophie. She and another applicant Robert applied for a job inplanning department. Both of have equal qualification and experience. The job was offered toRobert and Sophie was given a reason that job demands this job requires a long working hoursand a lot of skill and a job is nor for a woman. She is contending that she is a victim of sexdiscrimination.All the three women in above mentioned case are victim of sex discrimination inrelation to equal pay at workplace and hiring for a job.Law: The European union is has levied down many laws for protection of interest of anemployee at workplace. The European legislation has an importance for gender equality and nondiscrimination of employees at a national level. All the employees shall be treated with equalityand shall be paid equal.The article 157 of TFEU of EU requires an equal pay for equal work between men andwomen (Falkner, 2016). The article 19 of TFEU states primary legislation and providing legalbasis for discrimination on the grounds of racial or ethical origin, religion or belief, age, sexualorientation and disability. This narrows down the gap of direct and indirect sex paydiscrimination. 1

The another legislation is Eu principle to equal pay, this states that men and women shallbe Maud equal for equal work or equal value of work (Masselot and Maymont, 2015). Ll theemployees shall be paid same amount of salary for work performed at same level, all themembers countries of EU must follow all this legislation as they are a part of EU legislation. Gender equality is another legislation that can be applied in the above case laws. The EUlegislation have EU gender Equity law for protection of rights of the citizens of memberscountries of EU. This law testes that there must be an equal treatment for men and women inemployment. It is provided to them under occupational social security schemes. The case law ofECJ was incorporated in the legislation to include this scheme (Employers: preventingdiscrimination, 2018). The concept was related to direct and indirect determination. Directdiscrimination is related to on the basis of gender a person is treated less favourably incomparison to another in the same occupation. Direct prohibition is prohibited unless underspecial circumstances. Indirect discrimination is in form of significant disadvantage to a personof one sax than other. The major ground of this discrimination is sex of a person. Thisdiscrimination can be justified if the aim of ding it was legitimate and it was necessary to do so. The another law which can be useful is occupational pension scheme. In the case lawof Barber judgement it was stated that occupational pension must be considered as pay.Therefore, principle of equal pay is applicable for this as well (Millns, 2017). At the workplaceboth men and women shall be paid equal occupation pension at same level and capacity of work. Discrimination includes not hiring someone because of their gender. This includes sayingan applicant that you are not capable of doing this job with a disability. Not hiring a person basedon his/her gender is considered as disability by the recruiter. In case of Dekker v stiching Vormingscentrum Voor jonge volwassen it was stated thatwomen shall not be discriminated when she is pregnant. another case was Marshall vSouthampton and south west Hampshire area health authority, it was decided that indiscrimination award the amount of compensation can be uncapped, there is no limit ion amountof compensation that can be awarded by a tribunal or a court. Under this case compensation ofMarshall was 8500 euros and the tribunal awarded her a compensation of 20000 euros. Another case law was Enderby v Frenchay Health Authority and Secretary of State forHealth(27 October 1993) in this case a female speech therapist was paid less for doing equalwork to a male pharmacists and psychologist. It was established that the burden of proof is on2

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