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

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