Evaluation of the Performance of Employees

ASSIGNMENT
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Table of Contents
Introduction................................................................................................................................3
Methodology of assessment.......................................................................................................3
Analysis of Findings..................................................................................................................4
Conclusion..................................................................................................................................9
Recommendation........................................................................................................................9
References...........................................................................................................................11
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INTRODUCTION
In accordance with provision of Equality Act 2010, discrimination of individuals on the basis
of race, age, sex, pregnancy and maternity, religious beliefs, gender disassignment etc is
illegal (Gray, 2016). An organization is required to promote a good and harmonious working
environment and same can be done only in case all the employees are treated with respect and
dignity. Further, no form of intimidation or harassment can be justified through any
explanation in the organization. Present report emphasizes on the case of HK (IT System
Analyst) who has dealt with situation of racial discrimination due to behaviour of GP (project
accountant). The basic framework of Equality Act 2010 provides protection against direct as
well as indirect discrimination, victimization and harassment in public functions,
associations, work place, and education (Wrench, 2016).
The main objective of the report is to assess whether discrimination behaviour was actually
made by GP or not. The main part of the organization which is being affected is the, human
resource department as it is responsible for managing as well as recruitment of the
employees. The specified issue is important and required to be considered in appropriate
manner in order to ascertain the nature of environment present within organization. The
report will be addressed to the investigation team so that they can assess the case
appropriately and take decision after considering all the facts.
METHODOLOGY OF ASSESSMENT
In order to assess the case in appropriate manner primary as well as secondary sources
relating to the case have been analyzed in detail. The provision relating to discrimination in
Equality Act 2010 have been assessed along with aadditional legislation that might be applied
in terms of racial or any other discrimination claims which are –
 Modern Slavery Act 2015
 Protection from Harassment Act 1997
 Racial and Religious Hatred Act 2006
Further, the procedure applied by the company in order to assess whether the claimant is right
or not have been also assessed in order to ascertain whether appropriate attempt has been
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made to know the truth or not. The procedure and policies of the company have been
analysed in detail for ascertaining whether regulations relating to discrimination exists or not
and the extent to which they have been compiled by the organization (Chander, 2016).
ANALYSIS OF FINDINGS
Discrimination from legal perspective
Equality Act 2010 specifies that an individual must not be discriminated due to race (Gray,
2018). Further, race is signified through the individual’s nationality comprising citizenship
and color (Arnold, 2016). Behavior could be the major cause behind the racial harassment
and further in case it is an unnecessary behavior of the ethnic nature which is unpleasant or
humiliating to the receiver is deemed as misconduct (indirect discrimination) (Kattari, and
Hasche, 2016).
The specified act has also modified the definition of gender reassignment through removing
the necessity of medical supervision (Wrench, 2016). Further, it also provides protection to
individuals who have dealt with discrimination from person with whom they are perceived to
have protected characteristic. The legislation is sustained by Codes of Practice that are
imitated in their strategy and performance (Freedland,at.el 2016).
It almost depends on the recipient of the supposed nuisance to make a decisions regarding
whether conduct is nasty or not. Bigoted jokes, Insulting words, keeping out from workplace
discussion or activities, ethnically nasty material and aggression or the threat of hostility are
incorporated in racial harassment (Barbieri, and Cutuli, 2015). When someone makes us feel
degraded, offended or humiliated at that time the Harassment take place. Further, it has been
appropriately specified in Part 5 of Employment Act 2010 in clause 40 that employees and
application should not discriminate another person who comprises an employee as well as a
person who has been applied for employment (William, 2016).
Legal Decision and case laws
Harassment cannot be justified in any manner. On the other hand, in case where an employer
or an organization can establish it the whole thing for preventing people who work for it as of
performing like that, that they have no right to claim for harassment next to it. Even in that
case they might make a claim next to the harasser. In the condition of prejudice or sexual
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