Law, Society and Controversy: Impact of Discrimination at Workplace in UK

This report discusses the impact of society on discrimination at work place and what message media presenting to society. Further, it discusses legislation and case laws interpreting opinion of court on such aspect of law in United Kingdom. The report covers gender discrimination where there is pay gap in wages to the employee by the company on basis of gender and sex in such case equal pay for equal work must be provided. It also covers various legislation introduced under common law which provide remedy against gender pay discrimination and employment discrimination.

Law, Society and
Controversy

Table of Contents
Part 1 - Background.........................................................................................................................2
Unequal Treatment is characterized in numerous ways on basis of - ........................................2
Part 2 - Societal Opinion on Discrimination at Workplace............................................................3
Media Trial..................................................................................................................................3
Part 3 – Legislation and Case Law..................................................................................................4
Equality Act, 2010......................................................................................................................4
Sex Discrimination [Election Candidate] Act, 2002...................................................................5
Conclusion.......................................................................................................................................7
References.......................................................................................................................................8
Part 1 - Background
Law and society are interlinked with each other as it deals with social and legal rules. Legal
values plays important role in society presenting certain rules and regulation which a citizen required
to follow. These social norms maintains discipline, peace and harmony in society. It guides an
individual order in which the person should behave or conduct its act . This was provided under three
branches of government as Legislative , executive and judiciary(Aksoy,and et.al, 2019) . The report
mainly covers impact of society on discrimination at work place and what message media presenting to
society. Further, it discusses legislation and case laws interpreting opinion of court on such aspect of
law in United Kingdom.
Discrimination at workplace arises at place of employment where person working for organisation or
any authority conducts unfair practices in relation to culture, nationality, ethnic or race of individual .
According to Dipboye and Colella - “Discrimination and unfair treatment at place of employment
arises when a person being an employee of organisation treated in unlawful manner on grounds of
race, gender, nationality etc.”
Under Neo- classical theory of economics,' Discrimination at work place is defined as unequal
treatment on part of two people who are qualified at same level on basis of gender, race, disability and
religion' etc.
Darity and Mason defined - 'Employment discrimination as separating group of people from
productivity like education, experience of work difference resulting in different outcome in wages of
individual.'
Unequal Treatment is characterized in numerous ways on basis of -
 Age where it is strictly prohibited that an organisation cannot specify terms of employment
depending on age criteria of individual .
 Another one is where company cannot discriminate admission of employees in company purely

on disability where such person is qualified for job.
 An individual should not be treated unfairly on basis of gender or sex. Equal pay must be
given to both men and women depending on amount of work conducted by them.
 Employer cannot terminate employee just because such person is part of LGBTQ group for
being gay or transgender. As it result in violation of their rights in society(Wainwright and et.al,
2019)..
 One of the most common ground of discrimination is pregnancy of female employees, it shall
be treated like other temporary issues or ailments.
 Discrimination regarding person skin colour or other factors constituting race of individual
should be intolerable under company norms.
 On religious belief system, person should not be treated unequally as its personal preference of
each individual.
This report further going to covers gender discrimination where there is pay gap in wages to the
employee by the company on basis of gender and sex in such case equal pay for equal work must be
provided. The exposition for consequence of such treatment have huge impact on society and
legislation enacted in furtherance to it. Gender discrimination is governed under Equality Act, 2010
where unequal treatment towards certain section on basis of gender or sex resulting unfavourable
behaviour or conduct at place of employment. Such act shall have onus to prove on party affected by it.
If proved in court of law then compensation and damages shall be issued to injured party by such
authority(Triana and et.al, 2019).
Part 2 - Societal Opinion on Discrimination at Workplace
Media Trial
As per BBC Report on 3rd June 2021, one of such case witnessed by media was 'Equal pay
and Equal Work' where one of the largest retailer company TESCO came into news. Many workers
majorly female employees of company filed the case against wage gap . The laws of United Kingdom
was not exhaustive as it did not protected the right for equal treatment of employees on basis of gender
or sex. Hence it was governed under European Union laws providing provision for equal payment of
wages. One such policy for analysing it was 'single source test' which was prevalent in monitoring
business of country. This test helped in identifying by comparing with other organisation workers that
whether unequal wages were given to employees or not. Where such rule came into effect a principle
was laid down by Supreme court. This shows that with the changing time the harsh reality of gender

discrimination was exposed. The laws of UK regarding employment equality laws against
discrimination. It was not clear due to which many people had to suffer but after ruling of court clarity
was provided that company cannot take unfair advantage by paying less wages to certain section. It
was duly prohibited under various legislation which uplifted many employees as females, shop workers
etc. TESCO was not only one company who was exposed but also its competitor Sainsbury company
whose workers also stood against policies of company against wage gap. The message and opinion of
media showing dark reality of corporate world which from outside looked very appealing and
luxurious . It made its employees overwork by taking undue advantage of their labour and skills and
not giving them sufficient wages. This resulted in displaying publicly, the harsh policies of company
which lead to consequence on their business reputation and forcing them to make amendments. Even
the legal system of United Kingdom became vigilant about the loopholes and nature of provision
dealing under it. Although, the single source test was not successful as it had various stages . This
further comprised lengthy process and was extremely time consuming which took time to conclude
its decision . So it cannot be preferred in a long run. As people complying remedies under such rule
suffered loss(Sánchez-Monedero, Dencik, and Edwards, 2020).
Part 3 – Legislation and Case Law
There are various legislation introduced under common law which provide remedy against
gender pay discrimination and employment discrimination . Following are elaborated in detail-
Equality Act, 2010
This act was introduced by Parliament in United Kingdom during Brown Ministry. The aim of such
regulation was to consolidate, update and supplement precious act enacted with regards to anti-
discrimination laws in England, Scotland and Wales etc. It protects the right of individual in workplace
against unfavourable act on basis of religion, race, sex, gender etc. The act specify prohibiting act
comprising direct or indirect discrimination. It has proved itself to be most important legislation for
equality at workplace. It opposes harassment, victimisation and discrimination of all kinds. In case of
breach of law where injury or loss in earning caused due to party , compensation shall be granted in
such case(Chung, 2020).

Sex Discrimination [Election Candidate] Act, 2002
It was enacted by the Parliament of United Kingdom with the aim to prohibit prefreance of candidates
in election on basis of gender or sex they belonged. This act enhanced the scope of female in British
politics enabling them to prevent from gender inequality. The representation of woman was influenced
from the legislation of this act. One of the parties of UK namely Labour Party made full utilization of
this legislation. This act is prescribed for rights of people representing a political party or group. Such
act was enacted for certain time period but later it was declared that it extended till 2030 under Equality
Act , 2010. This act played significant role as it changed the direction of politics providing
opportunities to every individual to stand in election irrespective of gender or sex they
belonged(Begeny and Ryan, 2018).
CASE LAW
Clymo v. Wandsworth London Borough Council [1989]
Under this case the question aroused before the tribunal of UK court that whether full time
working is part of job. Is it unjustifiable requirement. The case discusses about client who being on
maternity leave had returned pleading permission from the authorities to share job with its spouse
working in same area. Further requesting for part time service but management refused as the post
required full time service by permanent employer. The client claimed that authority terminated its
tenure on basis of sex discrimination which was not justified on their part. The court interpreted that
the requirement of job is for full time service . Where an employee wanted to apply for part time
service was not qualified for the job so termination was justified on part of authority. The burden of
proving lies on employer where any kind of inequality takes place. But in this case, court had not
found any discrimination on part of management. The decision of tribunal was criticized as the female
employee was on maternity leave before that and in order to take care of child. The company policy
must be flexible allowing to work around it . Moreover, the work and service by employee was being
fulfilled on its part and this part time service was for certain time only. Authority claiming full time
service as nature of job was indirect discrimination towards its workers. Indirect discrimination refers
to certain rules and regulation where authorities had applied as whole on everyone which affects certain
section or group in society. Some of its example are age, maternity and pregnancy, disability, gender
discrimination etc. Sex discrimination comes in effect when a certain group or individual treated
differently or unequally than others on basis of sex and gender. Whereas, Sex Discrimination Act,
1975 provide right to victims and injured party against such inequality which has been repealed. It now

comes under Equality Act, 2010(Bayrakdar and King., 2021).

Conclusion
This report concludes that discrimination on basis on gender or sex avoiding an individual to
perform its duty or discriminates and treats in unfair manner. Such act is prohibited by laws of UK
where under policy of company, association or any organisation, employer committing such act shall
be liable compensate the damages incurred on such party. The media has moreover represented the
harsh reality of corporate multi - national companies before society. Emergence of implementing
legislation like Equality Act, 2010 to prevent such inequality on basis of gender, sex , disability,
pregnancy etc. The purpose of introducing such act is to work as massively replacing other related
laws by repealing it. Therefore, claim for discrimination came into existence when it was practised in
particular manner resulting the matter to be brought in court. Such behaviour must be prohibited with
regards to protect the party in such case on basis of age, disability, race, religion etc. The court has
interpreted further various other legislation to curb and combat against such practices where onus of
proof lies on party who is affected due to such act. This has lead to evolution resulting diverse change
in society and law implementation in United Kingdom.

References
Aksoy, and et.al, 2019. Gay glass ceilings: Sexual orientation and workplace authority in the
UK. Journal of Economic Behaviour & Organization, 159, pp.167-180.
Bayrakdar, S. and King, A., 2021. LGBT discrimination, harassment and violence in
Germany, Portugal and the UK: A quantitative comparative approach. Current sociology,
p.00113921211039271.
Begeny, C.T. and Ryan, M., 2018. Gender discrimination in the veterinary profession: a brief
report of the BVA Employers’ Study 2018.
Chung, H., 2020. Gender, flexibility stigma and the perceived negative consequences of
flexible working in the UK. Social Indicators Research, 151(2) , pp.521-545.
Guillaume, C. and Chappe, V.A., Mobilizing Employment Discrimination Law. The Litigation
Strategies of British and French Trade Unions Compared. University of Surrey.
Sánchez-Monedero, J., Dencik, L. and Edwards, L., 2020, January. What does it mean
to'solve'the problem of discrimination in hiring? Social, technical and legal perspectives from the UK
on automated hiring systems. In Proceedings of the 2020 conference on fairness, accountability, and
transparency (pp. 458-468).
Triana, and et.al, 2019. Perceived workplace gender discrimination and employee
consequences: A meta-analysis and complementary studies considering country context. Journal of
management, 45(6), pp.2419-2447.
Wainwright, and et.al, 2019. Extending working life and the management of change. Is the
workplace ready for the ageing worker?. Ageing & Society, 39(11) , pp.2397-2419.