Ask a question from expert
Ethical Issues in Business | Equality Act Assignment
7 Pages1854 Words312 Views
Added on 2019-10-18
Ethical Issues in Business | Equality Act Assignment
Added on 2019-10-18
BookmarkShareRelated Documents
The legal risks might XYZ be taking in following the course of action outlinedin this case? With the retirement of Alan McSlick, XYZ decided to find his replacementinternally. Thus a notice was sent to all the employees of the company that if theyconsider themselves as suitable candidates for the position, they can apply for thepost of ‘Sales Director’. Four applications were received for the position.The legal risks that XYZ could face in the below mentioned issues are that theseissues are in contravention of the Equality Act. This law tries to protect the peoplewho are not treated equally in the companies and workplaces or because of somestereotype or prejudice, they are being disadvantaged. This act protects the peoplefrom any kind of discrimination at the workplace and protects them fromdiscrimination against disability, age, marriage, race, sex, maternity andpregnancy, religion and belief, gender reassignment and sexual orientation (Act,E., 2010. Equality Act 2010.The Equality Act.). The issues in rejection as well asselection of the candidates which are as follows:1.Julie Keene was the first candidate for this position. Including Julie, therewere just two females in the sales department of the company. Julie wasrecruited in the company recently and she was a very good candidate. Buther application was rejected by the senior managers because they thoughtthe team which is to be managed by the ‘Sales Director’ comprises ofpeople that are old in age and are males and they will not like to be
managed or supervised by a female who is younger to them. Also, theyrejected her because they felt that her appointment will have a negativeimpact on the old male customers that makes up the user group and theyare comfortable in dealing with male employees of the company only. So it is evident that Julie can file a suit against XYZ that she was beingdiscriminated on the basis of sex and age (Dipboye, 2013). The seniormanagement treated her in a less favorable manner than she would havebeen treated and she was not even given an opportunity to compete for thisposition. She was rejected straightly on the grounds that she was a youngeremployee and will not be able to handle the team of senior people andsince she was a female so she won’t gel up with the male employees aswell as the male customers of the company. In O’Reilly V BBC & Ano2 2200423/2010(ET), it was claimed byO’Reilly that the people of her company discriminated against her due toher age and sex and she was not given the job. The company BBC requiredpeople that were younger in age and it was held that The company wasresponsible for the discrimination in recruitment and they discriminatedagainst O’Reilly (Daniels, 2012). 2.Aldo Viscida was the second candidate for this position. He was also avery good candidate for this position. He was with the company for manyyears and he always on the top of the tables for sales commission. He wonmany bonuses and prizes in the company too. Everyone in his teamrespected him. But his application was rejected as his writing skills were
poor, he could not write proper English. The job of Sales director requiredthe concerned person to write reports regularly for communicating with theclients. So, the senior management did not give him this chance. So, it is evident that this candidate was not selected by the seniormanagement because he was incompetent to write good English. Here, thecandidate can claim that he was not given a chance to improve his skills, ifhe would have given proper training, he would have performed well. Also,the reports could have been prepared by some assistant if he could havedictated the same. So he can claim that he was just not given the equalopportunity to handle the sales team (Player, 2014). Also, a very important point in Aldo’s case is that he belonged to Milan.So, he was being discriminated against race indirectly. He can claim this incourt and XYZ will be at risk.3.Derek Constant was the third candidate who was as old in the company asAlan but since he was about to get retired and his wife suffered frommedical problems, the management thought that he will concentrate ontaking care of his wife rather than focusing on the role that he will be givenand he will do his work with less energy and hard work. Here, Derek can claim that he was being discriminated by associationwhich means that XYZ treated him in a less favorable manner because theyassociated him with a protected characteristic due to illness of his wife.This is also a part of the Equality Act and this act protects the person whois being discriminated by association. This is again a risk to the company
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Legal Risks and Defenses in Employment Law Assessment for Deskliblg...
|7
|3566
|62
Employment Law Assesment [Type the Company Name] Employment Law Assesment [Type the Document Title]lg...
|13
|3401
|31
Employment Law | Paper On Factors Considered Before Recruitmentlg...
|14
|3622
|468
Implications of Discrimination in Employment Law: A Case Study of XYZ Companylg...
|12
|4464
|95
Employee Law and Relations : Assignmentlg...
|14
|2932
|72
Trade Union and Labour Relationslg...
|9
|1949
|16