Legal Aspects of Business: Equality Act 2010 and Employment Rights

Desklib provides past papers and solved assignments for students. This report analyzes UK employment law, focusing on the Equality Act 2010 and disability discrimination.

Legal Aspects of Business
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Table of Contents
Introduction......................................................................................................................................3
Content and Scope of the Equality Act 2010...................................................................................4
Relevant Case Law in the area of employment law........................................................................4
Alex responsibilities........................................................................................................................6
Relevant cases of Cancer, pre cancer, Redundancy and Discrimination.........................................7
Financial Support For your employee.............................................................................................8
Conclusion.......................................................................................................................................9
Reference List................................................................................................................................10
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Introduction
The laws of the United Kingdom has vivid influence on the issues of the country, they help to
mitigate problems related to various domestic and public contexts. The Supreme Court of United
Kingdom is the hierarchical court which controls all the criminal and civil cases in England and
Wales. The supreme court of UK also handles the controls and monitors the civil and criminal
cases of Northern Ireland and Scotland. The Equality Act 2010 has a remarkable impact on the
business sectors as well as in the society (Legislation.gov.uk, 2019). The equality Act 2010
protects people from discrimination in work field and people of society by law. The equality act
2010 was replaced in place of anti discrimination law, and covers the Sex Discrimination Act
1975, Race Relations Act 1976, and Disability Discrimination Act 1995. The law states that
discrimination according to gender, age, disability, same sex partnerships and marriages,
pregnancy, race, caste, creed, religious beliefs, sexual differentiation will be taken serious
actions and can face serious allegations. The laws will protect the employees of any working
place and society if they are discriminated on these grounds.
In this study, the letter presented to Alex will provide him with the facets of Equality act and the
way he should give provisions to his employee James, who is suspected to be suffering from
cancer. In the process of proper advice, the Equality Act and the employment act will be
discusses so James is protected under the law.
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Content and Scope of the Equality Act 2010
The Equality Act 2010 came into force by 1st October which has been operating for 40 years in
the United Kingdom. The Act is to control and monitor the discrimination activities made in the
country in workplace and in society (Fredman, 2017). The Act helps in creating harmony in the
society of Britain, improve services rendered to public and enhancing the business performance
of the employees. The Equality Act is divided into two parts; one is “Substantial” disability that
makes the disable person to take extra time to complete his task. On the other side, in section
6(1) the disability is “long term”, in which a person gets injured or has acute health issues, can be
breathing problems, or serious disease like cancer (National Center for Health Statistics, 2017).
In this case, the person recovering from the disease is unable to work. In both the cases, the
person comes under the law of Disability and the Equality Act 2010, and is protected under those
laws. Similarly, a person affected with Cancer, HIV and multiple sclerosis also comes under the
protection of the Equality Act. In this study, James is suspected to get affected by cancer and this
makes him a disabled person who is unable to attend his office and comes under the protection of
the Equality act and the Employment Act.
According to the Employment Act, regulations, common law and Equity, employees of the
United Kingdom benefit many facilities. The employment Act also covers the working time
regulations 1998 which facilitates 28 days paid holidays, break time from work, and limiting
excessive work hours. In this case, a person diagnosed with cancer comes under the protection of
the employment act whatever the position of the person in the society (Equalityhumanrights.com,
2019). The legislation works in the areas like England, Wales and Scotland. Therefore, these
laws will protect James and Alex should facilitate with provisions under the equality and the
employment act. According to the UK government, in relation to the Equality and the
Employment Act the employee James should be given sick leave from his workplace and the
payment methods should be decided by the higher authority of the organisation applicable in the
contract signed by the employee under the supervision of the higher authority.
James should be provided with payment as he is suffering from a serious disease cancer, and he
should be provided with sick leave, as he has to go through series of treatments and procedures
to recover from the disease.
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Relevant Case Law in the area of employment law
There are many relevant case laws which come under the employment law and protect the rights
of employees on certain grounds. The laws are been anticipated from the year 2018, and will
help to protect employees on the grounds of discrimination. The laws are started below:
City of York Council v B J Grosset (Court of Appeal)
The court of appeal states that discriminating an employee on the grounds of misconduct even
though the employee is health wise instable is a gross offense and can be punishable. The
employer should be well aware that the act of misconduct is an intentional act or under the
involvement of underlying disability (employmentcasesupdate.co.uk, 2019). Therefore, James in
this case cannot be dismissed from his post and he should be allowed a certain period of leave
with payment to recover and come back with sound heath and mind as he is an old and dedicated
employee. The reverse consequences are that the employee if treated in another way can file
complaints under s.15 EA. Alex could deny his leave and his payments as he is disable to work
and the actions taken by the employer will be considered irrelevant under the law s.15 EA.
Mostyn v S and P Casuals Ltd (Employment Appeal Tribunal)
The case mentions the employer who without any intention or breaching of rules and regulations
by employees reduces the payment and wages can be offensive. The employee in response can
resign from his post regardless of any signed employment contract. The employer can take legal
steps in regards to his intention of removal from his post. The employee in this type of cases can
file complaint against the employer in breaching the trust and confidence in business grounds.
Under the EAT (Employment Appeal Tribunal) and ET, regardless of notion of fairness and
being reasonable, a sudden decrease in the payment will be a fundamental breach of contract ,
which can force an employee to resign from his post.
Waddingham v NHS Business Service Authority
In this case, any employee discriminated on the ground of workplace and intentional
misbehaviour can possess threat to the employer and can face serious allegations from the
employee (Menzies Law, 2019). In these case, if any employee has disability or suffering from
unsound health, the NHS has stated that if any employer is caught and discriminating his
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employees and not making adjustments in the workplace and it also make them pay heavy fine
(Gov.uk, 2019).
Commissioner of Police of the Metropolis vs Ekpe
This is one of the essential case law of disability discrimination. A person is not bound to do any
day to day activities stated by EAT (Employment Appeal Tribunal). The person who is disabling
cannot do normal day to day activities. The Employment tribunal held that the disable person
cannot do the day to day activity but she or he is not considered to be abnormal. The eat has also
stated that a person able to a certain activity can be disabled due to some sickness or disability at
that moment and cannot success to do that job successfully (Lex, 2019.).
Long term sick leave, discrimination arising from disability and unfair dismissal
A long term sickness absence leave facilitates employees that they can take time to recover from
their disease after completing their treatment and procedures. They can return to work after the
leave without any prior complications; this also reduces risk of employers facing allegations
against discrimination and misjudgement or unfair dismissal cases. Therefore, in this case James
can return to work after completion of treatment and continue working.
Discrimination arising from disability was introduced under the Equality Act 2010. The law
states that discrimination done to someone who is ill or disable by treating that person
unfavourably rather than considering the disability of that person with empathy is known as
discrimination arising from disability. In the case of James, Alex the owner of the company
cannot do behave inappropriately with his employee who is suffering from cancer.
Unfair Dismissal is the removal of an employee without any prior notice or giving valid reasons.
The act can be considered as unfair and inhumane as the employee is not giving chances for
compliance and discipline, the employee dismissal should be done after discussion and giving
the employee opportunity to convey about his opinions. Alex is a problem as he has hired a
person in James place and is not able to handle the financial part. Even though the situation is
worse he cannot dismiss James which will be violating the anti discrimination laws. There are
many laws and regulations under where employee cannot remove the employees.
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Alex responsibilities
According to ACAS (Advisory, Conciliation and Arbitration Service), which is a Crown non
department public body of the Government of United Kingdom. The ACAS considers anti
discrimination law as an essential part of a working department as the position of the employees
and the employers are different and varies from organisation to organisation. The ACAS has
impose on the employers to follow many rules and regulation in regard to discrimination and the
Employment Act. The handling of those kinds of situations is necessary to preserve their position
and preventing themselves from facing any serious allegations. The following of the rules and
regulations will help in the decision making of the employees. Alex, considering the Equality act
2010 and the Employment Act, therefore should also handle the case of James. The rules and
responsibilities that Alex the company should follow are as stated below:
Making Adjustments
The adjustments made by the employer and the employee are the most important aspects of
maintaining peace and harmony in the workplace environment. The Equality act should provoke
the employer and the employer to make adjustments that will help them to benefit from both
sides. Alex can implement some techniques and make agreements with James so that the
company does not face any further monetary issues. The agreement can be done with adjustment
and good decision making of both the parties, the employer and the employee and contributing t
the betterment of the company as well.
Disability Discrimination
The owner Alex should not practice any Disability discrimination under the law of Equality Act
2010.The company in any case cannot avoid the Discrimination towards their employees, the
company as well as the owner of the company can face serious allegations. In this case, Alex
needs to consider that is there is any occurrence of disability discrimination, should be resolved
among the employer and the employee to avoid any serious issues and mitigate the problems of
the company and James. Even the owner Alex should treat James like a normal person to avoid
any disability discrimination (Adams and Prassl, 2017).
Practicing of policies and regulations
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The practice of policies and regulations, which projects equality, also tends in following the
equal behaviour in the workplace. The free working of the disabled person should also be
allowed under the laws and the policies and practices within the workplace.
Understanding the situation with empathy
According to ACAS, the managers and the recruiters are responsible to understand the law and
regulations regarding the disability and discrimination in the workplace. The effective ways for
preventing and further issue for the company can prevent them from facing any allegations. In
this case, Alex should understand the laws and regulations under the disability act and the
disability discrimination act. He should treat James equally even after his facing serious physical
disease like cancer. The empathetic nature of Alex can show his keenness in helping one of the
good and dedicated employees of the company and also help in saving the company from facing
allegations and preserving the reputation of the company.
Relevant cases of Cancer, pre cancer, Redundancy and Discrimination
According to the Macmillan Cancer Support, there is an estimation of 2.5 million people who are
suffering from cancer in the United Kingdom; this will rise to 3% more by the year
2030(Macmillan.org.uk, 2019). The position of the cancer patients and treatment facilities are
improvising, but they are discriminated after their treatment in the society and also in the
workplace. The discrimination has a very negative effect on the people who are working and also
dealing with the cancer. In a Survey done by Macmillan Cancer Support/ YouGov, taking 1009
employees in consideration, who are suffering from cancer, depicted that 18% of people who
return after getting diagnosed with cancer are discriminated by their employers and co
employees (Cancer.Net, 2019). The rest 15% withdrew or gave resignation from their work and
14% were made redundant as a result of them getting diagnosed with cancer. Among the 1009
employees taken into the survey, 85% of the people stated that their working was important to
make a living but their condition made them face discrimination or deliberately made redundant
by their employers.
The workers in England and Wales suffering and dealing with cancer are protected under the law
Equality act 2010, which was replaces in the place of Disability Discrimination act. The law
states the person suffering from cancer is falling under the category of disable and are protected
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by the law to be treated inappropriately apart from other workers. The employer and the staffs of
the company are bound to look after the betterment of the person and give them sick leave and
monetary provisions, as they deserve. The steps include making adjustments and still motivating
those employees to work in the enterprise in a sound and healthy environment.
As in case of James, his condition is serious and he needs rest and support to follow his medical
treatments and procedures. The behaviour and the adjustments the organisation he is working is
should be according to the seriousness of the employee’s health condition. The employer Alex
should make adjustments and make decisions which will provide adequate support from the
company as well as he can balance the financial conditions of the company.
Financial Support For your employee
The disabled person suffering from Cancer is obliged to get adequate medical facilities under the
Equality Act 2010 and the Employment Act. The cancer patients are bound to get facilities from
their employer, with Disabilities act and family and Medical Leave Act. There are other laws
which protect the employee’s medical privacy under other laws like the Health Insurance
Portability and Accountability Act. The employees can claim for, medical insurance according to
the duration of their tenure in the company.
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Conclusion
In this study, the UK government follows the legislation and Laws of Equality and employment
act to be implemented on the employees working with disabilities and serious diseases. The
study has demonstrated about the disability discrimination and has discussed about the
discrimination done in workplace and the measures taken by those laws to protect those people
from discrimination. In the case given in the context mentioned similar scenario where James an
employee is suffering from cancer and is unable to attend office from a long time. The study
therefore has demonstrated about the various steps taken under the Equality act and the
Employment act. The employer must treat their employee with dignity and respect without
discrimination or they can face serious allegations under the acts. In these study, there has been
an enunciation of the situation where providing money has made the company face serious
financial breakdown and James has to consider some adjustments regarding the condition of his
company.
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Reference List
Adams, A. and Prassl, J., 2017. Employment Tribunal Fees, Access to Justice, & Rational
Choice Theory: A Primer.
Cancer.Net, 2019. When Cancer Leads to Workplace Discrimination. [online] Available at:
https://www.cancer.net/blog/2017-02/when-cancer-leads-workplace-discrimination [Accessed 21
Apr. 2019].
employmentcasesupdate.co.uk, 2019. [online] Available at:
https://www.employmentcasesupdate.co.uk/site.aspx?i=ed33674 [Accessed 21 Apr. 2019].
Equalityhumanrights.com, 2019. What is the Equality Act? | Equality and Human Rights
Commission. [online] Available at: https://www.equalityhumanrights.com/en/equality-act-
2010/what-equality-act [Accessed 21 Apr. 2019].
Fredman, S., 2017. Disability equality: A challenge to the existing anti-discrimination
paradigm?. In Disability and Equality Law (pp. 123-142). Routledge.
Gov.uk, 2019. Employment appeal tribunal decisions - GOV.UK. [online] Available at:
https://www.gov.uk/employment-appeal-tribunal-decisions?tribunal_decision_sub_categories
%5B%5D=contract-of-employment-wrongful-dismissal [Accessed 21 Apr. 2019].
Legislation.gov.uk, 2019.Equality Act 2010. [online] Available at:
https://www.legislation.gov.uk/ukpga/2010/15/contents [Accessed 21 Apr. 2019].
Macmillan.org.uk, 2019. Macmillan Cancer Support. [online] Available at:
https://www.macmillan.org.uk/ [Accessed 21 Apr. 2019].
Menzies Law, 2019. Waddingham v NHS Business Services Authority Archives - Menzies Law.
[online] Available at: https://www.menzieslaw.co.uk/tag/waddingham-v-nhs-business-services-
authority/ [Accessed 21 Apr. 2019].
National Center for Health Statistics, 2017. Health, United States, 2016, With chartbook on long-
term trends in health(No. 2017). Government Printing Office.
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Lex, 2019. Ekpe v. Commissioner of Police of The Metropolis, Court of Appeal - United
Kingdom Employment Appeal Tribunal, May 25, 2001, [2001] UKEAT 1044_00_2505. [online]
Available at: https://case-law.vlex.co.uk/vid/-56064774 [Accessed 21 Apr. 2019].
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