Human Resource Management: Equality and Discrimination in the Workplace

This report discusses the Equality Act 2010 and its guidelines for equal pay and no discrimination in the workplace. It includes case studies on employment tribunal cases involving Sainsbury's and policy changes for recruitment. The report also explores collective bargaining and its benefits for companies. Subject: Human Resource Management, Course Code: N/A, Course Name: N/A, College/University: N/A

HUMAN
RESOURCE
MANAGEMENT

Table of Contents
..............................................................................................................................................................2
INTRODUCTION :..............................................................................................................................3
TASK 1 - LIKE WORK FOR LIKE PAY :..........................................................................................3
TASK 2 - EMPLOYMENT TRIBUNAL CASE INVOLVING SAINSBURY'S :..............................4
TASK 3 - ARRANGEMENTS AND POLICY CHANGES FOR THE RECRUITMENT :...............5
TASK 4 - COLLECTIVE BARGAINING :.........................................................................................6
CONCLUSION :..................................................................................................................................6
REFRENCES :.....................................................................................................................................7

INTRODUCTION :
In this report there will an overview of the employment law where there will be an information
about the equality in the workplace as per the guidelines of the Equality Act 2010 and no
discrimination should be there in the company as per the gender. VSG is the outlet where female
workers is in the suffering of the discrimination in the salary which could be solved by the various
arrangements and policies by the employer and having the equality in the company would be able to
help the employee's to have an equal opportunity in terms of having an salary in the company for
the better environment in the company
(Khan, el. at.,2019).
TASK 1 - LIKE WORK FOR LIKE PAY :
One of the basic fundamental right of the employees is that they are entitled for getting the equal
pay as others for the same role and responsibilities in the work. The employment rights act 2010
gives the rights to the employee for not getting discriminated by the gender of the employee and
there are a lot of acts which gets cover under Employment Act and one of the vital act is the
Equality Act 2010 in which the provision of equal pay in the UK have been set out in the same
which has replaced the Equal pay act 1970 and the sex discrimination act 1975 along with the
Pension act 1995.
In this provision this act has been introduced to reduce and narrow the gap between the men and
women and they should get paid similar amount for the same role despite the fact whether the
employee is a male or female. Under “like work for like pay” which refers the “equal pay for equal
work” comes under the Equality Act 2010 which conclude that no employee shall be paid less than
someone of the opposite sex having the same responsibility and role for the job. The provision on
equal pay are throughout the act under Equality of terms which has been bought in together in the
statutory code of practice produce by the Equality and Human Rights Commission (EHRC) which
explain the statutory obligations imposed upon the employer under this act which is also related to
the equal pay between men and women.

TASK 2 - EMPLOYMENT TRIBUNAL CASE INVOLVING
SAINSBURY'S :
FACTS :
In this case Mrs. Cunnington was working as a employee at a Sainsbury's store which is situated in
Birmingham. On 2020 when the the protest of Black lives matters was going on she picked up a toy
and commented that “she is offended and black lives matter or should we be selling this ?” to the
nearby colleague and she compel that she said the second statement and Sainsbury said that she said
the statement which was quoted earlier though the black British colleague heard the statement and
confronted the claimant and he complained to the management. In the fact finding meeting
culminating in a decision to suspend the claimant for suspending the breach of the respondent's
equality and diversity(FaganRubery,2018).
TRIBUNAL DECISION :
The tribunal concluded that Mrs. Cunnington has been dismissed unfairly as every manager was in
the breach of the disciplinary policy of the respondent for many reasons because there was a failure
for holding an informal meeting between the claimant and the offended colleague before the
suspension decided. There was the failure of providing the claimant with the proper documents in
the individual meetings. It has been set out that the respondent breached the test in the Burchill and
any belief held was unreasonable for the same reason and it was held that the dismissal was not
within the limit of the reasonable responses which is open to the reasonable employer.
OUTCOME :
The outcome of this case was now the disciplinary managers would have to be fluent with the
policies of the company. The disciplinary manager who does not know the interchange between the
various policies is a procedure which is fast track leading to the unfairness and ultimately tribunal.
Furthermore, an employee should be having the Equality and diversity in the work place and
training , the fact that the employee's of Sainbury could go without an training for 14 long years
provides the information that even the companies with the big set up take it wrong when it comes to
dealing with the employee's in a right way and now every company should be looking forward for
giving the equal treatment for every employee in the company.

TASK 3 - ARRANGEMENTS AND POLICY CHANGES FOR THE
RECRUITMENT :
It is very important for the company to have a change in the policy or arrangements to have a better
work flow in the company for providing the equal treatment in the work place. Discussing the
salaries dues with the team members to the generality of the gender pay inequality is on the vital
source for having the smooth work flow in the company. There are 5 ways through which there
could be an equal pay for the team(HaydockSmith,2019).
1) Prevent salary disparities before hiring : Hiring new team member can cause a salary
inequality even before the first day of their job and there are several ways for making sure
that the hiring process is fair for the new team members , like disclosing the rage of the
salary for the position of the job and that range should be in the range of the salaries of the
present team members. Instead of asking about the previous job salary which could cause an
inequality setting the salary between the range of the current team member and negotiate
later would become an better experience for both the company and the employee.
2) REVIEW EMPLOYEE COMPENSATION : Preparing for the conversation knowing
about the flexibility the company have in the budget for ensuring to pay equal between the
team members.
3) SEPARATING COMPENSATION AND PERFORMANCE REVIEWS :
The compensation reviews should not get along in the way of the performance review and this
distinction would be able to help the employee to standardize while they are having the bump in the
payment.
4) DISCLOSING SALARY RANGE FOR DIFFERENT POSITIONS :
Buffer sets out an extreme example of the transparency about how the company is paying their
employees as it has created a formula for calculating the salary that they have been sharing
internally and externally as well because the transparency would be able to help in diminishing the
gaps in the pay scale between the employee's.
5) BEING AN ADVOCATE FOR THE PEOPLE :
The manager who has been eager for lessening pay the inequality in the team , manager shall be the
advocate for the team member for having the workflow running without the inequality in the team
which would be adding more value to the company and the employees s well as per their experience
and results in the work of the team(Messenger,2018).

TASK 4 - COLLECTIVE BARGAINING :
VSG should apply the collective bargaining process by which trade unions negotiate with the
employer on the behalf of the members of the company as it is only possible where the employer
recognize the trade union between them and decide the scope of the negotiations.
Most of the collective bargaining arrangements in the UK are voluntary and great employer know
the benefits that comes from the voluntary union recognition which is able to to negotiate wages
with the other terms and conditions which the VSG should apply to have the statutory recognition in
which the laws also allows the unions to make even the hostile employer recognise them and using
the collective bargaining would be beneficial for the VSG as it is the best way for getting the decent
wages , terms and conditions (JohnstonLand-Kazlauskas,2018).
VSG shall follow the law and as per the Equality law it is mandatory to have the equal pay for every
employee who is working in a similar role and responsibilities. VSG should be giving equal pay to
every women who has been working in the company with the same role and responsibilities as the
man and they should be willing to deal with the complaint in the most appropriate way as per the
Equality Act 2010(BrandlKildunne,2019).
CONCLUSION :
As per this report it has been concluded that there should be equal pay for everyone working in the
company for the equal role and responsibilities as per the guidelines of Employment Act 2010 and
Equality Act 2010. There should not be any kind of discrimination on the fact of the gender of the
employee which would be devastating for any company. There are several ways for maintaining the
environment of the company by changing the arrangements and policies for the recruitment. There
should be an equal opportunity for everyone whether male or female.

REFRENCES :
BOOKS AND JOURNALS :
Khan, M.S., Lakha, F., Tan, M.M.J., Singh, S.R., Quek, R.Y.C., Han, E., Tan, S.M., Haldane, V.,
Gea-Sánchez, M. and Legido-Quigley, H., 2019. More talk than action: gender and ethnic
diversity in leading public health universities. The Lancet, 393(10171), pp.594-600.
Fagan, C. and Rubery, J., 2018. Advancing gender equality through European employment policy:
the impact of the UK's EU membership and the risks of Brexit. Social Policy and
Society, 17(2), pp.297-317.
Haydock, J. and Smith, T., 2019. No magic dust: The relationship between the national and local
assessments in Sainsbury’s/Asda. Journal of Competition Law & Economics, 15(4),
pp.538-558.
Messenger, J., 2018. Working time and the future of work. ILO future of work research paper
series, 6(8), pp.33-37.
Johnston, H. and Land-Kazlauskas, C., 2018. Organizing on-demand: Representation, voice, and
collective bargaining in the gig economy.
Brandl, B. and Kildunne, A., 2019. Outsourcing and collective bargaining in the UK.