Discrimination at Work: Equality Act 2010

This assignment provides an overview of the Equality Act 2010, its provisions related to workplace discrimination, and the potential remedies available to victims. The act's impact on employers and employees is discussed, with a focus on the Milldam Brewing Company case study. Key references and legal precedents are cited, highlighting the importance of addressing discrimination in the workplace.

Running head: BUSINESS AND EMPLOYMENT LAW
Business and Employment Law
Name of the Student
Name of the University
Author note

1BUSINESS AND EMPLOYMENT LAW
Question 1
Issue
The issue of this case study is related to an unfair dismissal of an employee.
Law
The term unfair dismissal is used to define the actions of an employer while
terminating an employer’s activities while terminating the employee’s employment in respect
to the requirements of the Business and Employment Law. In the process of wrong dismissal
of an employee, a notice needs to be served to the employee where the employee is bound to
produce a notice as per the employment contract. Such individual employment rights are
essential in the approach of the government and the labor market. According to the Business
and Employment Law, if any employee is dismissed, he or she will have a few specific rights
that can be exercised and therefore appeals can be made to an employment tribunal that will
decide the methods of dismissal and the outcome of the appeal. An employee can be
terminated or dismissed based on disciplinary issues but the company or the employer must
provide a notice to the employee1. As per the Business and Employment Law, a dismissal
can either be lawful or wrongful. It includes the engagement of discrimination under statute.
Milldam Brewery will be liable potentially to Olaf for unfair dismissal. Unfair dismissal is
different from the concept of constructive dismissal. The dismissal of an employee can be
unfair if the employer does not have a good reason for dismissing the employee and follows
the company’s process of dismissal. Therefore, if an employee is threatened with dismissal or
dismissed completely, he can achieve help from a third party to resolve the situation with
conciliation and arbitration. Business and Employment Law discusses the circumstances in
which an employee can be dismissed. The employer with or without notice terminates the
1 Authority, Scottish Qualifications. "Section 96 (7) Equality Act 2010." (2017).

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contract under which he or she is dismissed by the employer. The employee can terminate the
contract under which he is employed in circumstances where he is entitled to terminate it
without notice by reason of the conduct of the employer. As per the Business and
Employment Law, an employee who has been dismissed on unfair means will take into
account the reason for the dismissal is that the employee was being redundant2. Secondly, if
certain circumstances form the redundancy then it will be applicable to one or other
employees in the same undertaking.
Application
An employer of the company dismissed Olaf, a member of the Milldam Brewery
(MB) in an unfair manner. As per the case study, Olaf was the head brewer of the Milldam
Brewery Company situated in Portsmouth. One fine morning, an employee cannot be
dismissed because the employer feels that he has gone against the disciplinary rules. The
Director of a company generally takes the decision of terminating an employee based on
disciplinary issues. In this given case study, it can be observed that Preeti was the new line
manager of Olaf and therefore she took all the decisions related to the brewery. They had
arguments as well but due to his behavior towards Preeti she got offended and decided on
dismissing Olaf. Olaf defended himself by stating that Preeti was too interfering in his work
despite knowing that he had an experience of 40 years. In United Kingdom, unfair dismissal
is a parcel of the UK labor law that needs reasonable and fair treatment by employers in
situations where a person’s job could be dismissed. However, the activity of Preeti towards
Olaf was strictly unfair and hence he can appeal with the help of the Equality Act 2010.
There is no such statutory provision for this and therefore it will result in ordinary
discrimination. He has been serving this company for a period of 15 years. For an extension
and making the business more competitive, the MB Company hired another knew manager
2 Collins, Philippa. "The Inadequate Protection of Human Rights in Unfair Dismissal Law." Industrial Law
Journal (2017).

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named Preeti. Soon after, she was made the new line manager of Olaf. However, they started
having clashes and arguments at the workplace. Both of them had different opinions and
wanted to amend separate changes in the brewery. An argument broke between the two and
harsh comments were exchanged. Therefore, Olaf can therefore apply the law of arbitration
and conciliation against the Milldam Brewery or directly to Preeti. One can also approach
employment tribunals if they are unable to solve their problems with the help of conciliation
and arbitration. Milldam Brewery is liable potentially to Olaf as he got dismissed by Preeti in
an unfair manner. A meeting was arranged the next day since such a situation arose. Preeti
put allegations on Olaf and when he was given a chance to defend himself, he stated that he
was pushed too far and was being interrupted by Preeti. However, Preeti took the decision of
dismissing Olaf at that very moment for gross misconduct. Therefore, by applying the case
study, Olaf was not dismissed due to any health or safety issues3. Olaf was dismissed by
Preeti by giving disciplinary issues. Dismissal of Olaf will not be considered Preeti served a
justified one as no notice to him. In a meeting, an employer does not have the power to
terminate an employee’s work duration4. However, due to the actions and decisions of Preeti,
Milldam Brewery will have the potential liability to Olaf in unfair dismissal. Potential
liability arises in a principal and agent relationship5. A potential liability occurs depending on
the result of an uncertain event of the future. As per the Labor Relations Act, if an unfair act
is constituted, one must take legal actions against the employer. An employee can file a
complaint to the Labor Relations Committee within 60 days of the violation6.
3 Ashcroft, John, and Nilushi Ratnayaka. "The Equality Act 2010 in mental health." (2014): 256-256.
4 Fredman, Sandra. "Addressing disparate impact: Indirect discrimination and the public sector equality
duty." Industrial Law Journal 43.3 (2014): 349-363.
5 McKay, Sonia. "A right not to be discriminated against: The origins and evolution of discrimination
law." Gower handbook of discrimination at work. Routledge, 2016. 35-46.
6 Davies, Chantal, et al. "The Equality Act 2010: Five years on." (2016): 61-65.

4BUSINESS AND EMPLOYMENT LAW
Conclusion
Therefore, Olaf can submit such a notice in the Committee and hence the Milldam
Brewery Company will be potentially liable.
Question 2
Issue
The issue is in order to advise MB about the possible claims that can be made against
them by Preeti, Dave and Steve and what can be the potential remedies.
Law
The Equality Act, 2010 will be applicable for providing remedies and
protecting people legally. The purpose and aim of this act is to protect individuals from
discrimination in workplace and the society. This particular act has replaced the laws of anti-
discrimination with this single act. Every individual working in an undertaking must be
treated equally despite their sex, caste, religion and creed7. The Equality and Human Rights
Commission is set up as a statutory body determined to help reduce. In this scenario, there
was a scope of racial discrimination while hiring new employees. Generally, in the
discrimination issues, claims should be filed within three months of the occurrence of the
discrimination activities taking place. Such employment claims are filed in an Employment
Tribunal. In case of an claim of unfair dismissal, the time period would be three months from
the day the employee got dismissed. Generally, there is no such general discretion for an
Employment Tribunal for them to extend time regarding filing a claim8. As per this Act, the
7 Thompson, Neil. Anti-discriminatory practice: Equality, diversity and social justice. Palgrave Macmillan,
2016.
8 Bowers, John, and Jeremy Lewis. "Whistling for Dismissal and Detriment Remedies: Royal Mail Ltd v
Jhuti." Industrial Law Journal 47.1 (2018): 121-134.

5BUSINESS AND EMPLOYMENT LAW
law states that no individual should be differentiated based on their sex, religion, color and
creed. When an individual has faced unlawful discrimination at a workplace, the employee
must file a complaint under the Equality Act. A discrimination claim is made under the
County Court. Relating to this scenario, a claim can be filed by Preeti, Dave and Steve
against the Milldam Brewery Company for discriminating the employees unreasonably.
Equality Act has stated laws that are against the process of indiscrimination among
employees in an organization. Discrimination can be both direct and indirect. Both the ways
are applied while discriminating an employee thereafter. Adler v George (1964) discussed
about the racial origin that have been an issue for an employee in an undertaking9. A claim
for discrimination under the Equality Act is when an individual or a group of individuals are
treated in a distinguished way due to their actual membership of a particular group10.
Therefore, workers are kept protected from being subjected to such behavior under the
Equality Act, 201011. However, there are remedies that are available under this specific act.
Firstly, compensation for injury to feelings caused to individuals. Discriminating any
individual based on their color will naturally hurt their sentiment and feelings. Secondly, the
damages that are stretched will exceptionally upset the individuals because the claimant has
been treated in a domineering way. Thirdly, discrimination can damage the health of
individuals. For example, when a Claimant has suffered from some kind of psychological
trauma because of discrimination. Thereafter, one can try and make a claim for damages to
health. Lastly, there are exemplary damages where individuals are awarded to punish serious
crimes in particular. Exemplary damages are the punitive ones and are usually awarded where
the court regards that an award of compensatory as observed in the case of Ratcliff v
9 2 QB 7 (QBD)
10 Lane, Jackie A., and Rachel Ingleby. "Indirect Discrimination, Justification and Proportionality: Are UK
Claimants at a Disadvantage?." Industrial Law Journal (2017).
11 Vickers, Lucy. Religious freedom, religious discrimination and the workplace. Bloomsbury Publishing, 2016.

6BUSINESS AND EMPLOYMENT LAW
McConnell [1999]12. Therefore, such damages are awarded in the cases of discrimination13.
There have been developments in the Equality Act 2010 recently. As per Section 124(3) of
the Equality Act, 2010, it extends the power to make certain recommendations in respect of
the complainant and any other person. Such development can help the claimant to receive
remedies and compensations. The remedies made in discrimination cases are generally
comprised of the compensation for the injuries to feelings. The compensation amount
depends on the nature of the cases14. Therefore, the Act harmonizes the present legislation for
providing Britain with a new discrimination law that protects the individuals from getting
unfair treatment and promotes for a fair and equal society. The employer is generally held
liable for the acts of discrimination in the workplace. Although individual employees can be
held liable if they have been subjected to any colleague to harassment.
Application
In this given scenario, it was observed that Preeti received hostile behavior from four
young men who used to work in the same undertaking. They behaved like this with Preeti
because of how she treated Olaf. She heard them saying jokes on about her ethnic wear and
the color of her skin. Preeti also got harassed when those four young men asked her to get out
indirectly by writing it with chalk on the brewery wall near her car. After witnessing such
incidents, Preeti complains it to the senior employees and the owners. No action was taken to
resolve the problem of Preeti. For the recruitment of the head brewer at Milldam Brewery,
three candidates had applied. The first candidate was Dave who had a degree in the business
management and an experience of 7 years of making beer15. The second candidate was Steve
12 Ratcliff v McConnell [1999] 1 WLR 670
13Hepple, Bob. Equality: The Legal Framework. Bloomsbury Publishing, 2014.
14 Corby, Susan, Laura William, and Sarah Richard. "Combatting disability discrimination: A comparison of
France and Great Britain." European Journal of Industrial Relations (2018):
15 Davidov, Guy, and Edo Eshet. "Intermediate approaches to unfair dismissal protection." Industrial Law
Journal 44.2 (2015): 167-193.

7BUSINESS AND EMPLOYMENT LAW
who was experienced for 3 years and the last candidate was James, who had an experience of
3 years in a large brewery. Everyone performed well in the interview. Thereafter, in the end,
Preeti hired James as he was black and she was tired of working in a company with only
white men. Milldam Brewery Company will have to give claims that could be made against
Preeti, Steve and Dave. If the employer is liable for the activities of the employees and the
agents, they will also be held liable personally16. As per the Equality Act, 2010, if more than
one person is liable for compensation, the claimant will not be concerned with any issues of
how liability is apportioned between them. However, the Milldam Brewing Company will be
held responsible for claims made against it by Preeti, Dave and Steve. Preeti being the
employee can claim for compensation as she was discriminated based on her complexion.
The employees mentioned above, Dave and Steve were discriminated and not hired by the
company based on their color. However, all of them can ask for compensation from the
Milldam Brewing Company. Equality Act, 2010 will provide such individuals every
opportunity for taking action against the company since it has hurt their feelings17. The
potential remedies, which Milldam Brewing Company can provide is by giving compensation
to the injured employees of their company.
Conclusion
16 Grimshaw, Damian, et al. "The governance of employment protection in the UK: how the state and employers
are undermining decent standards." Myths of employment deregulation: how it neither creates jobs nor reduces
labour market segmentation (2017): 225.
17 Catto, Rebecca, and David Perfect. "Religious literacy, equalities and human rights." Religious Literacy in
Policy and Practice (2015): 135-163.

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In this regard, it can be concluded stating that in case of discrimination, the claim
must be brought into notice within a period of three months if actions needs to be taken18.
18 Hand, James, Bernard Davis, and Charles Barker. "The British Equality Act 2010 and the foundations of legal
knowledge." Commonwealth Law Bulletin 41.1 (2015): 3-28.

9BUSINESS AND EMPLOYMENT LAW
References:
Ashcroft, John, and Nilushi Ratnayaka. "The Equality Act 2010 in mental health." (2014):
256-256.
Authority, Scottish Qualifications. "Section 96 (7) Equality Act 2010." (2017).
Bowers, John, and Jeremy Lewis. "Whistling for Dismissal and Detriment Remedies: Royal
Mail Ltd v Jhuti." Industrial Law Journal 47.1 (2018): 121-134.
Catto, Rebecca, and David Perfect. "Religious literacy, equalities and human
rights." Religious Literacy in Policy and Practice (2015): 135-163.
Collins, Philippa. "The Inadequate Protection of Human Rights in Unfair Dismissal
Law." Industrial Law Journal (2017).
Corby, Susan, Laura William, and Sarah Richard. "Combatting disability discrimination: A
comparison of France and Great Britain." European Journal of Industrial Relations (2018):
0959680118759169.
Davidov, Guy, and Edo Eshet. "Intermediate approaches to unfair dismissal
protection." Industrial Law Journal 44.2 (2015): 167-193.
Davies, Chantal, et al. "The Equality Act 2010: Five years on." (2016): 61-65.
Fredman, Sandra. "Addressing disparate impact: Indirect discrimination and the public sector
equality duty." Industrial Law Journal 43.3 (2014): 349-363.
Grimshaw, Damian, et al. "The governance of employment protection in the UK: how the
state and employers are undermining decent standards." Myths of employment deregulation:
how it neither creates jobs nor reduces labour market segmentation (2017): 225.

10BUSINESS AND EMPLOYMENT LAW
Hand, James, Bernard Davis, and Charles Barker. "The British Equality Act 2010 and the
foundations of legal knowledge." Commonwealth Law Bulletin 41.1 (2015): 3-28.
Hepple, Bob. Equality: The Legal Framework. Bloomsbury Publishing, 2014.
Lane, Jackie A., and Rachel Ingleby. "Indirect Discrimination, Justification and
Proportionality: Are UK Claimants at a Disadvantage?." Industrial Law Journal (2017).
McKay, Sonia. "A right not to be discriminated against: The origins and evolution of
discrimination law." Gower handbook of discrimination at work. Routledge, 2016. 35-46.
Thompson, Neil. Anti-discriminatory practice: Equality, diversity and social justice. Palgrave
Macmillan, 2016.
Vickers, Lucy. Religious freedom, religious discrimination and the workplace. Bloomsbury
Publishing, 2016.
Adler v George (1964) 2 QB 7 (QBD)
Ratcliff v McConnell [1999] 1 WLR 670