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Law and Equality at Work: Case Law

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Added on  2019-09-30

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This article discusses the Equality Act 2010 and its implications for race discrimination at work. It explains the risks associated with discrimination and the penalties that can be awarded. It provides recommendations for employers to ensure legal compliance and avoid recurrence of discrimination. The article also includes a case law example of institutionalized racism and the compensation awarded for racial discrimination and unfair dismissal.

Law and Equality at Work: Case Law

   Added on 2019-09-30

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Running head: case lawLAW AND EQUALITY ATWORKCase law
Law and Equality at Work: Case Law_1
Case law 1Table of ContentsIntroduction.................................................................................................................................................2Equality Act 2010 (Section 9).....................................................................................................................2Organization’sRisk associated with race discrimination at work................................................................3Recommendations to the organization regarding the steps that it should take to ensure an outcome that is both legally compliant and reasonable for the organization.........................................................................5Recommendations to the organization in respect of avoiding the recurrence of this kind of issue..............6Conclusion...................................................................................................................................................7References...................................................................................................................................................8
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Case law 2IntroductionWhen an employee is not given the same treatment as given to another in employment on the basis of Gender, Civil, Family status, Sexual orientation, Religion, Age, Disability, Race, etc. then it is said to be as discrimination in employment.Various laws have been enacted in order to avoid discrimination in employment and to enhance afair work culture for all. Race is a protected characteristic under the Equality Act 2010, which bans direct and indirect race discrimination, victimization and harassment. Though the act provides protection for the employees against racial discrimination but at the same time the employers are also given an opportunity where they can justify the reasons for any indirect race discrimination and can prove that it was in order to achieve some legitimate goal through proportionate means.Under the Equality Act 2010, “race” means color, nationality or ethnic or national origins. Although caste is not specifically covered in the Equality Act's definition of race, case law showsthat it is possible for an employee to bring a claim for race discrimination on the basis of casteEquality Act 2010 (Section 9) In October 2010, the law had established a new act by the name of The Equality Act in order to bring various separate legislations under one act so as to protect the individuals from unfair treatment and to promote a fair and equal society. This act has replaced various previous anti-discrimination laws by giving a single platform. Thus, it has made it easier for people to understand the law and thereby has provided for strengthening and protection of people in critical situations of discrimination at work. It sets out the different ways in which it’s unlawful to treat someone. (Thompson, 2016).
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Case law 3This act has merged 9 legislations namely:the Equal Pay Act 1970the Employment Equality (Age) Regulations 2006the Race Relations Act 1976the Equality Act (Sexual Orientation) Regulations 2007the Sex Discrimination Act 1975the Employment Equality (Sexual Orientation) Regulations 2003the Disability Discrimination Act 1995the Employment Equality (Religion or Belief) Regulations 2003the Equality Act 2006, Part 2But theEquality Act 2010has mainly affected the employment laws and has ensured that the employers and employees work jointly for making a fair environment at the workplace by complying with equality laws.According to The Equality Act 2010, it is considered as unlawful if someone discriminates against employees based on their race, i.e., on the basis of their nationality, color, or origin. Section 9 of the Equality Act 2010, has imposed the Government with the duty of prohibiting by way of secondary legislation, any discrimination at work based on caste where caste is considered to be an aspect of race as per the judgments are given in Turkey v Chandhok. According to section 9, ‘Race’ includes color, nationality, or ethnic/national origins (Salway, 2016).
Law and Equality at Work: Case Law_4

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