DISCRIMINATION AND CONFLICT IN EMPLOYMENT LAW (IN THE UNITED KINGDOM.) BASE ALL THE WORK IN THE UK + USE UK CASES AS EXAMPLES. USE Oxford Standard for the Citation of Legal Authorities (OSCOLA).
Case study 2014/2015
XRA Co is a consultancy based in the south of England but operating nationally and internationally. Some years ago it adopted non-contractual grievance and disciplinary and dismissal procedures based on the then statutory model. It claims to be “an equal opportunities employer” and has a harassment policy, which lists examples of behaviour that could amount to harassment and details the action that will be taken against staff. All employees are entitled under their contract to 4 months’ notice.
A number of issues are causing concern.
Jacques has worked for the firm for eight years and a half years and is now 39. He doesn’t get on with the new Managing Director and has been dismissed by him with due notice. When he asked why he was being dismissed, in a meeting between the two of them, the MD told him ‘it’s because you’re a Catholic and I’m now in charge – and if you tell anybody I said that I’ll deny it and you won’t be able to prove it’. The firm provides mobile devices and recording apps to a number of its staff for use in the business and Jacques had covertly recorded the meeting. Steve is a 23 year old who started working for the firm eight months ago. In the course of reviewing files he was given, he has discovered that some of the employees who provide consultancy for overseas clients have been paying and receiving bribes. He was told to ignore it by his line manager but felt he should report it to the Managing Director due to the criminal nature and reputational threat to the firm. The Managing Director subsequently dismissed him with a week’s notice.
Larry is a receptionist and has been suffering from lower back pain. This does not stop him from walking or running or carrying moderate weights but in each case this could only be for short periods. He has heard that the firm a planning a refurbishment and that all backroom staff will be encouraged to stand at work terminals rather than sit whereas it will be mandatory for outward facing staff to stand.
George, who is 43, is a middle level manager and has ambitions for promotion. Two months ago he was away on business with Bella, a senior manager from a different division. She had a lightly flirtatious style with many colleagues but George was surprised when she followed him back to his hotel room following a business dinner and leaning into him appeared to say that she could help his career if they came to a temporary reciprocal arrangement. Mal is 45 and has been subject to many taunts and teasing by colleagues who have found out that Mal is an objectophile.
Eliza, 58, is one of a number of team leaders and the only woman at that level. She has discovered that she is being paid less than some of the other team leaders. Marc, is 54 and has north African ancestry, is another team leader and he too is being paid less. Nick has worked for the firm for 12 years and has become increasingly fat. He cannot walk up flights of stairs without becoming short of breath because of his size (his weight has hit 26 stone/165 kg). He has recently applied for a promotion but has been told he does not reflect the right image.
Answer ALL of the following questions With using UK based Cases as examples:
1. Discuss any claims that Jacques and Steve could bring against the firm.?(40 marks) use cases
2. George and Mal are seeking advice. Consider the prospects of any claims they may bring under the Equality Act 2010. (You should not consider remedies for this question.) use cases
3. Outline any claims within the Equality Act 2010 that Eliza and Nick could bring. (30 marks) use cases
Total: 100 marks
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