Professional Legal Skills: Analysis of Workplace Sexual Harassment

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Added on  2022/12/27

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This report delves into the realm of professional legal skills, specifically examining the implications of the Equality Act 2010 and its impact on workplace dynamics, particularly concerning sexual harassment. The introduction provides an overview of professional conduct and employment law, emphasizing the importance of equality and employee rights. The main body of the report meticulously analyzes the Equality Act 2010, highlighting its role in preventing discrimination and ensuring equal opportunities. A critical focus is placed on sexual harassment, defining it as unwelcome conduct and exploring its various forms, from physical touch to offensive comments. The report uses a case study involving an employee named Kelly, who faced sexual comments from a colleague, and the subsequent inaction from management. This case illustrates the legal and ethical violations of such behavior, emphasizing that it is a crime that affects the mental state of the individual or women. The report concludes by reiterating the importance of legal skills and the necessity of creating a safe and respectful workplace environment, emphasizing the need for companies to establish policies that address and prevent sexual harassment. The report references various sources to support its arguments, providing a comprehensive understanding of the subject matter.
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Professional Legal
Skills
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Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
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INTRODUCTION
Professional legal skills involves all the scopes and the responsibility that has been
carried by all the professional conduct which covers out the necessary elements which a person
will have to follow in order to get involve in a proper business and its elements. There are mainly
varies kinds of legal conduct which involves equality among all the employees. The employment
law covers all the elements that are being made as in order to frame all the employees there
rights and duties towards there working area(Asonitou, and Kottara, 2019). The Equality Act
covers the min elements like gender discrimination, equal pay for work and all the rights which
are being made in order to protect the employees rights. This report will cover all the essential
elements of equality act in order to rights of the employees in there work place with all the laws
involving in sexual harassment.
MAIN BODY
The employment law covers all the rights and the benefits that are being given to the all
the employees by the company in order to protect them from further discrimination and all the
varied problems which mat arise at the time of all the issues and the are that are being
considered. As this law is being made in order to give all the equal pay for equal work, for the
gender discrimination and also top consider all the crimes that may arise in that work place.
Though all these working of the company there by be made in the Equality act 2010, As this
considers to be the most important elements. One of the most important issue that has been taken
place is Sexual harassment as this is critical issue and the UK laws helps out all the employees in
order to make them feel safe in the working sector. The employment law tends that no
discrimination can be taken place in order with any of the employees on the basis of gender. And
there will not be permitted any unwelcome sexual abuse too.
Sexual harassment in work place is the unwanted conduct or the touching of any part of
the body of a person in the work place without there mere permission can amounts to it. As all
the conducts and the behaviour of a person that has been done by the person in order to make the
other person uncomfortable(Berman, 2017). This is mainly being done with the women, as they
are mostly affected by such crimes. The employees generally tends to do all the physical touch,
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comments and various unwanted comments on the body that involves the physical gestures are
being covered in sexual harassment(Schefer-Wenzl, and Miladinovic, 2020). Such harassment
use to be taken place when anyone or the person who is working with them, the clients or the
customers that are coming over there, the managers or the supervisor of the company and also all
the high profile supervisors that are being covered under it has done any physical abuse or touch
to the other person. All the elements like flirting, gestures of all the sexual remarks, sexual
images, touching the person against there will are being covered under sexual assault or
harassment.
As in Equality Act, 2010 Section 26 covers all the issues that are being covered in the
sexual harassment that has been taken place and are being considered all the harassment that
effects the dignity of the individual and also the violation of the person right as it covers the main
aim in order to intimidate someone's personal life(Majid, and et. al., 2019). This complies that
any such harassment will amount to punishment for 6 months and fine and also can cover the
civil remedies that can be damages or compensation.
As in this case, Kelly an employee in Braxton Plc when went to make a tea has faced a
sexual comments from Mark about her body. And he continues to do so which made her break
out and cry and when she went to the senior manager for the body comments and the harassment
the manger said that it is quiet normal and this is what men do. Such kind of behaviour is
unethical and no person can at any time comment on any person s body or can do any such acts.
This is being covered in sexual harassment and will be applied in the Equality act as intentionally
making any comments on the body of a women will be counted as a crime and this is ethically
and legally wrong and effects the mental state of the individual or women.
Thus, there can be framed that all such activities are not being welcomed in any of the
working area and this merely affect the image of the company and with that also the dignity of
the person. This can be analysed that all this merely affects the individuals and the reputation of
the organisation and with that also of the heads(Ryan, 2017). There should be made a proper
councils in order to treat such vulnerable offences and all the safety measure should be framed as
in order to cover out all the areas and the nature. The Sexual harassment at workplace can
thereby make the standard of the company low and also imparts to make all the areas being strict
for all such crimes.
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As in the situation of Mark he will not be protected from freedom of expression for
speech as this will not be considered when there are unreasonable expression are being made on
any individual. As according to Article 10 of European convention of Human right. Thus Kelly
bis entitle to take the help of the court as this will not be treated as a normal expression when
certain offending events use to happen it most likely affect the dignity of that person(O'Hare,
2019). In all the organisation there is important that the senior tends to make a proper
arrangement by the recording and statement band should not support such crimes as it will not
lead to effect the life of the individual.
Thus it has been seen that Mark will be liable from section 26 of equality act, and all the
individuals are being considered and covered under such act when it amounts to the abusive
misconducts in the workplace.
CONCLUSION
From this above report it is concluded that, professional legal skills is important to be in
every employees as that helps out to pertain all the legal and the moral method through which a
[person tends to behave. There has been analysed that sexual harassment in the work place is a
serious offence and no person will be allowed to do such activity which affect the dignity of the
person and also outrage the modesty of that person. This usually happens mostly with the women
working in the workplace. The equality act 2010 covers out all the modesty and also the effect of
such things is not acceptable in any of the organisation as this affects the image of the company
and there by leads to make the various records and the statements to be framed in it.
Furthermore, it is analysed that all the professional conducts and the employment law covers all
the ways through which the protection of employees can be taken place.
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REFERENCES
Asonitou, S. and Kottara, C., 2019. Sustainable development of skills for the tourism sector and
its financial impact. In Strategic Innovative Marketing and Tourism (pp. 1121-1129).
Springer, Cham.
Berman, S.J., 2017. Integrating Performance Tests into Doctrinal Courses, Skills Courses, and
Institutional Benchmark Testing: A Simple Way to Enhance Student Engagement While
Furthering Assessment, Bar Passage, and Other ABA Accreditation Objectives. J. Legal
Prof., 42, p.147.
Majid, and et. al., 2019. The importance of soft skills for employability and career development:
Students and employers' perspectives. IUP Journal of Soft Skills, 13(4), pp.7-39.
O'Hare, T., 2019. Essential skills of social work practice: Assessment, intervention, and
evaluation. Oxford University Press.
Ryan, M., 2017. Continuing professional development: CPD update: Audit time in August and
September. Ethos: Official Publication of the Law Society of the Australian Capital
Territory, (244), p.62.
Schefer-Wenzl, S. and Miladinovic, I., 2020. Integrating 21st Century Skills in Higher Education
Engineering Curricula. International Journal of Advanced Corporate Learning, 13(2),
p.77.
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