Wednesday, April 17, 2019

Business law Essay Example | Topics and Well Written Essays - 2000 words - 1

Business law - Essay causa(c) the provision, criterion or practice puts or likely to put B at that disadvantage and (d) whereby A placenot pardon his actions in pursuit of achieving a legitimate aim (legislation.gov.uk, n.d.). Thus, indirect discrimination can approach out of an employers policy applicable to everyone in the organization but happens to put a especial(a) defend characteristic at a disadvantage. Sex is one of the nine protected characteristics under equality Act. Indirect discrimination described above is a prohibited transfer in relation to the protected characteristics, subject to exceptions. The acts of discrimination as described above are applicable to persons or an individual with a protected characteristic. It also includes perceived discrimination. To cite an example of indirect discrimination in respect of a protected characteristic of sex, it is an indirect discrimination on the grounds of sex to impose a turn over on a woman employee having young c hildren to be divvy upd for, to work in night shift. However, an employer can justify his policy if he could show that he has acted reasonably during the course of his business as a proportionable means of achieving a legitimate aim which might be a lawful decision. ... Since stock prices would baffle late in the afternoon, requiring an employer not to insist employees to sit late in the afternoons of winter seasons is not warrant since it is a legitimate need for the business to get stock prices for which there are no alternatives (ACAS, 2011). It was held in British Airways v Starmer (2005) that the employer erred in requiring a full time woman pilot to work 75 % part time as against her request to work on 50 % of the time to take care of her children since it amounted to act of sec discrimination having the potential to affect a significant portion of women workforce and the employer failed to abide evidence to justify application of provision or practice. (Painter & Holmes, 2012, p. 259) . Qn 2. This is a case of harassment defined in comparison Act 2010 and EU Directive 2000/78 as an unwarranted or undesirable conduct which has the potential of causing threatening, hostile, degrading, and humiliating or offensive environment or has the effect of violating dignity. This can take place in relation to any of the protected characteristics. Sexual orientation is one of them. The definition demonstrates the sharpness of the problem of harassment at workplace that pollutes the workplace environment. It is a prohibited conduct as per arm 26 of the Equality Act as described under sub section 26 (1) (legislation.gov.uk, n.d.). Equality law allows other employees to complain even if the harassment is not directed at them (ACAS, 2011, p. 2). Thus Allan can file a complaint before the Employment Tribunal within six months of date of thrill of harassment extended from three months as decided by House of Lords as a yield of series of

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.