Analysis of Workplace Discrimination: Laws, Cases, and Social Groups

This essay delves into the pervasive issue of workplace discrimination, examining its various facets and legal ramifications. It begins by identifying discrimination as a significant social problem, particularly within employment settings. The essay then explores key legislation designed to combat discrimination, including the Employment Act 2002, the Equality Act 2010, the Protection from Harassment Act 1997, and the Race Relations Act 1965, highlighting their roles in ensuring fair treatment and equal opportunities for employees. Furthermore, it presents landmark case studies such as Enderby v Frenchay Health Authority, Singh v Rowntree Mackintosh Ltd., and Pay v Lancashire Probation Service, illustrating how these laws are applied and enforced in practice. The essay concludes by emphasizing the importance of these legal frameworks in mitigating discrimination and promoting a more equitable work environment, while also acknowledging the ongoing challenges in achieving true equality.

Law Society and
Controversy

Abstract
In context of the file, the topic related to discrimination at work place has been selected.
In many years, it has been found that there are number of people who has been facing the issues
related to discrimination which is not allowing them to perform better. Law like, equality act,
employment law and many more are helpful in dealing with the fair treatment with employees.
Also, some of case laws are also helpful in it which is allowing to resolve the problem as legal
actions are being taken upon the defaulter.

Table of Contents
INTRODUCTION...........................................................................................................................4
MAIN BODY..................................................................................................................................4
Choose a social group and identify an area of discrimination faced by your chosen group.......4
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Law is one of the most important body of the nation which explains that how any of the
work is required to be done for the purpose of accomplishing the goals. There are number of
laws and regulations which are not being considered in present scenario due to which number of
issues are being created on a regular basis. In context of the file, social group which has been
chosen is discrimination at workplace. It has been found the employees are not being treated
equally due to which number of problem are being faced on a regular basis. To support the
answer, different act and case laws will be discussed so that detail knowledge can be collected
upon the specific topic.
MAIN BODY
Choose a social group and identify an area of discrimination faced by your chosen group.
In present scenario, there are number of group which has been facing the problem which
has raised the percentage of social issues on any of the specific group. It is also one of the reason
that people are being discriminated on a regular basis which is not allowing them to accomplish
their goals on the specific time period (Pocklington, 2018). In the same manner, there are the
employees who has been discriminated on a regular basis which is creating huge problem for
them on a daily basis. It is necessary for the government to take some of the crucial decision so
that problem can be resolved and equal rights can be provided to the people. Below, some of the
law or legislation has been discussed which has been commenced for the purpose of dealing with
the cases of discrimination with employees on regular basis.
Employment Act 2002: It is among one of the law which has been commenced by the
house of parliament to discuss about the relation with every employee which is to be maintained
by an employer. In any of the circumstances, if law is not being followed then legal actions can
be taken against the defaulter. It is among the crucial law which tells about the work and wages
that an employee should get. In short, there are number of employees should be not being paid
the wages on the basis of their talent and post and in this condition employment law is one of the
effective law which allows to reduces the percentage of case related to discrimination. In
addition, it is one of the law which discusses about the terms and condition which is required to
be followed by employee while they join the organization (Kalev, 2019). Also, their benefits
which will be provided to employee within the company.

Equality Act 2010: It is among one of the most important law within the premises. The
main motive behind the commencement of this particular law was simple as to provide equal
rights to male and female employee. There are number of organization where employee is
discriminated on the basis of gender due to which they face the problem in attaining the goals.
Male employees are being given more priority and fluctuation can be easily seen within their
salary chart which directly or indirectly creates issues (Roscigno, 2019). It is necessary to
understand that the commencement of this law was done to reduce the cases and provide equal
opportunity to male as well as female employee. This law is being used as a daily practice where
if any of the organization is found defaulter under it then legal actions can be taken upon the
management of a company.
Protection from Harassment Act 1997: It is one of the law which has been introduced
to deal with the problem related to stalking. It covers wider area such as it includes the behavior
which alarms or distresses the victim. In present scenario, the cases related to stalking within the
premises of organization has increased significantly. It is among the reason which do not allow
the number of female employee or any of the victimized employees to perform better or to
concentrate towards their work. The introduction of this particular law has helped to deal with
the cases related to harassment and discomfort. It is necessary for any of the organization to
follow this particular law so that every employee can get opportunity to perform their work
easily within the safe environment.
Race Relations Act 1965: The law which helps to protect the people being discriminated on
the basis of color, race, ethnic or on national origin. There are number of cases where people are
being discriminated on the basis of their color and races This types of cases are mainly seen
within the premises of organization where people from different culture and nation has to work
together for meeting out their personal milestones (Waite, 2020). It is necessary to understand
that the introduction of this law was done for the purpose of reducing the cases related to race
relations and provide free environment to work.
All of the above mentioned law are crucial because they directly or indirectly trying their
best to reduce the cases related to discrimination which are being faced by an employee while
performing their duty within the premises of a company. Whenever any of the person faces the
problem related to this particular topic then it is never an easy task for them to attain their targets

on specific time period. Here, different penalties are included in the law which can be imposed
upon the person in that respective situation where they breach the law. The penalty can be in the
form of monetary claim or imprisonment or both.
There are number of landmark cases which has helped to provide the justice to the who is
innocent in this particular cases. Below, there is the discussion about some of the cases where it
has been found that laws have been breached.
Enderby v Frenchay Health Authority and Secretary of State for Health (27 October
1993), is one of the landmark case where applet file the case that female employees are being
discriminated within the premises. Here, they are not getting the equal pay even after working as
similar as male employee. Here, judges of the case explained that it becomes mandatory for the
employer to prove that the quality of work and result are not similar between opposite gender (30
landmark employment law judgments, 2018). If they fail to do so then wages should be paid
equal to both the party.
Singh v Rowntree Mackintosh Ltd. (1979), is one of the landmark case where it was found
that employer of the organization forced Mr. Singh to cut his beard if he is willing to work
within the premises of an organization. It was necessary to understand that Mr. Singh follows the
religion where cutting the beard is not allowed but employer forced on the same (Leslie and et.
al., 2019). Here, in this case discrimination was done on the basis of race which was against the
law and policies.
Pay v Lancashire Probation Service [2004] ICR 187; Pay v UK [2009] IRLR 139, this is
also one of the case where unfair dismissal was found. The reason which was presented in this
particular case was about sexual behavior but that was found outside the work premises. The
judgment was declared in this particular case where jury decided that in any of the situation
organization is not allowed to remove his employee without giving prior information (Lane and
Ingleby, 2018). Here, discrimination on the basis of private issues is also not allowed as legal
actions can be taken against the defaulter in this particular situation.
This are some of the cases where discrimination has been done within the premises of entity
but due to the commencement of this law and regular practice is allowing to resolve the issue and
not letting the people to suffer from the problem related to discrimination.

CONCLUSION
From the above discussion, it can be easily concluded that discrimination is one of the major
issues which can be seen in present scenario. But, there are number of laws and regulation which
has been helping to resolve the cases related to discrimination on the basis of nationality, colour
and many more. The different laws which has been commenced to remove this particular
problem are employment law, equality law, race relation act and many more.

REFERENCES
Books & Journals
Pocklington, D., 2018. A Note on the Theology of Burial: A settled controversy. In Leading
Works in Law and Religion (pp. 144-161). Routledge.
Kalev, A., 2019. Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality.
Roscigno, V. J., 2019. Discrimination, Sexual Harassment, and the Impact of Workplace
Power. Socius, 5, p.2378023119853894.
Waite, S., 2020. Should I Stay or Should I Go? Employment Discrimination and Workplace
Harassment against Transgender and Other Minority Employees in Canada’s Federal
Public Service. Journal of Homosexuality, pp.1-27.
Leslie, M. and et. al., 2019. Workplace Discrimination Involving Charging Parties With
Substance Use Disorders Under Title I of the Americans With Disabilities Act. Journal
of Applied Rehabilitation Counseling, 50(1), pp.7-23.
Lane, J. A. and Ingleby, R., 2018. Indirect discrimination, justification and proportionality: are
UK claimants at a disadvantage?. Industrial Law Journal, 47(4), pp.531-552.
Online
30 landmark employment law judgments. 2018. [Online]. Available Through:
https://www.personneltoday.com/hr/landmark-employment-law-judgments-pt30/