Employee Law and Relations : Assignment

Running head: EMPLOYEE LAW AND RELATIONS
Employee Law and Relations
Name of the Student
Name of the University
Author Note

1EMPLOYEE LAW AND RELATIONS
Table of Contents
Introduction......................................................................................................................................2
Answer A.........................................................................................................................................2
Answer B.........................................................................................................................................5
Answer C.........................................................................................................................................8
Conclusion.....................................................................................................................................10
Recommendation...........................................................................................................................10
Reference list.................................................................................................................................12

2EMPLOYEE LAW AND RELATIONS
Introduction
The legislations dealing with employment law in the United Kingdom shall govern the
relationship between the employers and the employees. It regulates the expectation of the
employers from their employees and the expectation that the employees have from their
employers. It further deals with the rights and obligations of the employers and employees in an
organization. The most common employment legislations that governs the relationship between
the employers and the employees include Employment Relations Act 2004, Disability
Discrimination act 2005, Equality Act 2010, Sex Determination Act 2005, Health and Safety
Work Act 1974, etc. It is essential to maintain good employment practices at workplace to ensure
compliance and healthy employment relations. However, non compliance with the employment
related rules and procedures shall result in financial losses and imposition of statutory penalties.
Both the employers and the employees are under statutory obligation to ensure that they adhere
to the rules and regulations related to workplace with the common objective to achieve the
organizational goals and objectives.
Answer A
Identification of Legal Risk
Joan Keenan
The rejection of the application provided by John gives rise to the first legal risk
associated with employment law is the risk of Sex determination. According to section 11 of the
Equality Act 2010, any form of discrimination against any employee is strictly forbidden within
the organization. It is apparent from the facts of the given scenario that Keenan has been rejected

3EMPLOYEE LAW AND RELATIONS
from the post of the sales manager on the ground that she is a woman and shall not be able to
deal with the sales team that predominantly comprises older males. The rejection of the
application on such ground amounts to gender discrimination that is in contravention of section
13 of the Act, which prohibits direct discrimination within a workplace. ABC Ltd shall be held
liable under the Equality Act as was observed in the case James v Eastleigh Borough Council
[1990] 2 AC 75, in the event, if Keenan is able to establish that she has received unequal
treatment on her being a woman (protected characteristics).
Aldo Viscida
The rejection of application made by Aldo shall give rise to the legal risk associated with
race discrimination. Under the Equality Act (EA), race falls within the category of protected
characteristics, which states that employees cannot be treated less favorably on the ground of
race (Herriot 2013). According to section 39 of EA, employees having protected characteristics
are safeguarded from being discriminated during the recruitment process and the process of
dismissal and promotion. In Northern Joint Police Board v Power [1997] IRLR 610, the court
held that discrimination on the ground of nationality amounts to racial discrimination. Therefore,
rejection of Aldo’s application shall make the employer liable for racial discrimination as he
immigrated from Milan in 1980.
David Constant
As per the factual scenario, the application made by David was rejected on the ground
that despite being a good performer, he was aged about 61 years. He is about to retire and his
wife had not been well which required constant attention. The action undertaken by ABC Ltd
shall be held liable for resulting in age discrimination under section 5 of the EA as David was