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Case Study Of Law - Equality Act

   

Added on  2019-09-30

11 Pages1684 Words360 Views
Running head: case lawLAW AND EQUALITY ATWORKCase law

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

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. Equality 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 (Thompson, 2016).This 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 2

Case law 3But 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).In our given case, Raj has allegedly been discriminated at his workplace by Andrew on the basis of his nationality as he is an Indian working in the English Kitchen and has not been given the due promotion. Here Raj has got the right to claim of race discrimination to the employment tribunal in case the employer is not able to resolve the issue. Through the Acas Helpline, he can you have free advice as to the problems and the other alternatives to a tribunal claim, like Mediation route or Early Conciliation.Organization’sRisk associated with race discrimination at work The organization must not breach the sections of equality law which relate to the racial discrimination because it can attract various penalties once the claim of the victim is proved in the tribunal. The following types of compensation can be awarded in a claim for discrimination against the organization:

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