Legal Search: Analysis of Equity Act Sections and Case Study

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Added on  2023/01/11

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Homework Assignment
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This assignment provides a detailed analysis of the Equity Act, focusing on key sections like 60 and 186(2), exploring their implications in the context of employment law and pre-employment inquiries. The document examines the necessity of legislation, the responsible government bodies, and the criticisms surrounding Section 60, particularly concerning guidelines for inquiries related to health. It also includes a case study, followed by questions addressing the application of Section 186(2). The analysis further delves into potential penalties for asking prohibited questions, emphasizing the grounds for claims of discrimination and the role of the Equality and Human Rights Commission. Finally, it provides a conclusion summarizing the key findings and references relevant books and journals.
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LEGAL SEARCH
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INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
TASK 1............................................................................................................................................3
State the date on which section 186(2) of the act has come into force........................................3
Why legislation is considered to be necessary............................................................................3
Government officer or department responsible for forming of act..............................................3
Section 60 of the equity act.........................................................................................................3
CONCLUSION................................................................................................................................4
REFREENCES................................................................................................................................5
Books and journals..........................................................................................................................5
INTRODUCTION...........................................................................................................................6
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INTRODUCTION
Equity act is that kind of act in which rules and regulation regarding those crimes has been
explained that is related to discrimination. All such kind of laws are very important from point of
view of promoting equality. These are very important and should be strictly applicable to all over
the country. In this file things that is going to be covered is section 60 of the act, rights of
employers and pre-employment, health related. Then a case study is given basis upon which
various question related to section 186(2) is to be answered.
MAIN BODY
TASK 1
State the date on which section 186(2) of the act has come into force
This section was enacted in the month of April 2020. After this only a change has been made
Why legislation is considered to be necessary
A legislation is considered to be necessary because it helps in making an law an concrete and
permanent in the eyes of law
Government officer or department responsible for forming of act
This act was formed by Harriet Herman and bill was written by Polly Toynbee.
Section 60 of the equity act
Under this section it is considered to be unlawful to ask question that is related to an health and
pre-employment this has been criticize in a manner that no proper guidelines has been give
regarding various enquires that is to be considered necessary. Guide has to be issued on the
points that has been put up by the employees but it is quite unfortunate no substantive guidance
has been provided in relation to employment. Also enquiries is to be considered very necessary.
This is going considered to be very unethical. The guidance that has been issued over the points
and appears to be an intrinsic and recruiting safflowers. This is an appropriate to asl questions
reaalting to an applicant that he is required to climb ladder. Is it necessary to answer the question
and then only he will be allowed to climb the stairs. This can be better understood through this
example.if a role in a warehouse is to involve a significant amount of heavy lifting, it is indicated
in the guidance which has been issued that it would be appropriate to establish whether an
applicant is able to do the job. So, it is the forst problem which I have nanlysed out of the
research that has been done by me over the section.
Penalties
For asking a prohibited the question this is not and actionable through itself, also discrimination
and action taken could be. Claims can be made by the diffident upon two grounds and they are
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demonstrating that disability was not the reason of such an application that has been
unsuccessful. The reason was that a way better candidate has been selected. Another way is
showing of refusal and because of the because quinces’ of the disability. It does not mearly exist.
Also the Equality and Human Rights Commission does have the power to investigate the use of
prohibited questions and may take enforcement action in its own name even when no
discrimination has occurred. It remains to be seen how frequently this provision will be used. So,
thisnis the second problem that has been analyzed by me during research.
CONCLUSION
From the above file it can be concluded that section 60 of the act of equality has been criticized
in very critical manner. Two situation of it has been explained which I have find out in my
research. Then further in another task various questions has been answered after reading an case
sstudy. Also various types of short questions have also been answered in related to the act.
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REFREENCES
Books and journals
Hart, H.L.A., 2016. The New Challenge to Legal Positivism (1979). Oxford Journal of Legal
Studies, 36(3), pp.459-475.
Jenks, C.W., 2017. The Legal Personality of International Organizations. In International Legal
Personality (pp. 229-238). Routledge.
Jenks, C.W., 2017. The Legal Personality of International Organizations. In International Legal
Personality (pp. 229-238). Routledge.
Reed, C., Sathyanarayan, U.M., Ruan, S. and Collins, J., 2018. Beyond BitCoin—legal
impurities and off-chain assets. International Journal of Law and Information
Technology, 26(2), pp.160-182.
Shihata, I.F., 2019. Legal aspects of involuntary population resettlement. In Anthropological
Approaches To Resettlement (pp. 39-54). Routledge.
Wolfe, S.E., McLean, K. and Pratt, T.C., 2017. I learned it by watching you: Legal socialization
and the intergenerational transmission of legitimacy attitudes. British Journal of
Criminology, 57(5), pp.1123-1143.
1.
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INTRODUCTION
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