Implications of Discrimination in Employment Law: A Case Study of XYZ Company

Employment law
Student name
Institution

Introduction
Employment law acts by regulating the relationship that exists between employees and
employers. This is to imply that negotiations in regard to pay and condition of work between
an employer and employee is based on employment law. In this case we discuss the
implications and possible defences to the implications as a result of the XYZ company
decisions affecting their employees or will-be employees. In accordance to employment laws
we can ascertain that discrimination was somehow portrayed in the selection process for the
replacement of outgoing employee Alan1. The unlawful discriminations can be based under
discrimination against gender, age, disability and ethnic origin. The core principles of
employment law will be applicable in raising of arguments regarding the case. This will
major on not treating people less favourably in relation to a protected characteristic, not
dismissing people on unfair reasons, paying employees at least the minimum wage and giving
people a chance to correct things that they have done wrong.
Legal risks
Here we observe the legal risks associated with discriminate recruitment procedure by the
company. In accordance to the Equal opportunity act, the company had breached various
requirements in amounting to their selection of their desired candidate. Discrimination comes
about when employee is competent enough to handle the desired task, but he/she is exempted
because of either of the mentioned discriminations2.
Advertisement of job vacancy is a key area in relation to avoiding of discrimination claims.
In the provided case, the applicable advertisement for the in-house recruitment has not stated
the qualifications needed for the job and it has not outlined any requirements needed for the
job. This poses a great risk when it comes down to discrimination risks since any requirement
posed by the applicant can be considered as a bargaining chance for the position.
Basing on Julie’s case who was a recent recruit and was considered to be good in her sales
position. The recruitment committee dismisses Julie’s application because she was way
younger than her compatriots in the team and the committee had doubts that the
predominantly older male team would take kindly at being managed by a young woman.
1 Mintz, S., 'Employement Law, Colonial and Postcolonial', Gastronomica, vol. 10, no. 1, 2010, pp.
149-160.
2 Hawkins, S, S, Cole, T, J, Law, C, Maternal employment and early childhood overweight: findings
from the UK Millennium Cohort Study, International Journal of Obesity, vol.32, no.1, 2008, p.30.

Basing on these recruitment facts its right to state that Julie was discriminated regarding her
age and gender3. This is viewed unlawful by the Sex Discrimination Act 1984which
advocates for equal treatment when it comes down to employment. Julie is treated less
favourably because of her gender, where the recruiters hold the assumption that she is
incapable of completing the same task that the opposite gender can. The company can be held
liable for discriminating against gender in regard to their gender biased selection. In a similar
case the company can be held liable for discrimination against age in accordance to Age
Discrimination ACT 2004. Discrimination can prove costly when a tribunal case is mounted
and is susceptible to substantial compensation to the plaintiff/employee. The Act makes it
unlawful to segregate when publicizing occupations, amid enlistment and choice procedures,
when settling on choices about preparing, transfer and openings relating to promotions, and
in the terms, conditions and dismissal from work4. A wide range of employers and
employment connections are secured under the sexual discrimination act, including:
Commonwealth Government representatives and private area representatives, full-time, low
maintenance and easy-going representatives, contract laborers and commission specialists,
and in addition disciples, learners and those on post-trial supervision. It additionally covers
enrolment forms relayed through enlistment, work contract and business organizations. In
any case, the sexual discrimination Act does not cover lewd behaviour or sex segregation in
work by state instrumentalities
The second candidate, Aldo Viscida, is a brilliant salesman though he is a migrant from
Milan. His application is dismissed because his written English is poor this is based on the
fact that his ethnic origin is from Milan. In accordance to Racial Discrimination Act 1975 the
company can be held liable for discrimination against ethnic origin, given the fact that the
employee was competent enough to be able to fit in the required role basing on his previous
achievements in his line of work5. The grounds for the discrimination claims can be that Aldo
is from Milan and the company should be accommodating to the different racial factors like
the inability to properly relay written English information. The Act additionally shields
individuals from being dealt with unjustifiably due to their relationship with a man of a
3 Countouris, N. The changing law of the employment relationship: comparative analyses in the
European context, 2016, Routledge.
4 Law, J, Rush, R, Schoon, I, Parsons, S., Modeling developmental language difficulties from school
entry into adulthood: Literacy, mental health, and employment outcomes, Journal of Speech,
Language, and Hearing Research, vol.52, no.6, 2009, pp.14-16.
5 Clauwaert, S, Schömann, I, The crisis and national labour law reforms: a mapping exercise,
European Labour Law Journal, vol.3, no.1, 2012, pp.54-69.

specific origin, race or colour. A wide range of employers and employment connections are
secured under the Act, including Commonwealth Government representatives, state
government workers and private area representatives, full-time, low maintenance workers,
contract laborers and commission specialists, and students, learners and those on post-trial
supervision. It likewise covers enlistment forms sorted out through work procure
organizations and enrolment and business offices6.
The case on Derek Constant involves discrimination against age and family responsibility.
Though he is considered competent enough for the job and is only bettered by Alan the
recruitment committee see it unfit to give him the position because of his age and the fact that
he has an ailing spouse. The company can be held liable to discrimination against age
covered under Age discrimination Act 20047.
In the case of Mike, the company can be held responsible for nepotism in the workplace,
where Mike is related to Finance Director who is among the people in the recruiting panel
and is he is also considered to be a golfing friend with Paul, who is also among the panel
selecting the candidates. This can be based on the fact that the promotion can be attributed to
the relationships that Mike has with the selecting panel. This can be based on the Fair Work
Act 2009. Employers are under a commitment to make a full and honest revelation of any
personal dealings with candidates for work; The inability to make such a divulgence puts the
worker in an irreconcilable situation with the recruiter; An individual association with a
candidate results in a positive upgrade of the work application; Treating work candidates with
preference adds up to genuine offense; and The authorize of expulsion is justified in instances
of irreconcilable circumstance which adds up to genuine unfortunate behaviour8.
Defences available for XYZ
Though access of evidence in most cases of discrimination is considered to be hard,
application of mechanism used in the United Kingdoms and Ireland can be helpful. This
include the use of questionnaire procedure, drawing an extrapolation of discrimination and
shifting source of proof.
6 Bradley, A, Ewing, K, Knight, C., Constitutional and administrative law, Pearson Higher Ed, 2018.
7 Freedland, M., Bogg, A., Cabrelli, D., Collins, H., Countouris, N., Davies, A.C.L., Deakin, S. and
Prassl, J. eds, The contract of employment, 2016, Oxford University Press.
8 Marinescu, I., Job security legislation and job duration: Evidence from the United Kingdom, Journal
of Labor Economics, vol.27, no.3, 2009, pp.465-86.