The Equality Law at Workplace - Barriers of Single Mother in Workplace - Case Study Example

LAW AND EQUALITY AT WORK PLACE Name: Course: Professor: Date: PART A: BARRIERS OF SINGLE MOTHER IN WORKPLACE Introduction Single parents in the United Kingdom are one group that is faring badly in the working sector. Single parents have become largely invisible within these systems. There is lack of understanding between various systems of the government which means that women are not getting the support they need. The work program in the UK needs an urgent overhaul which will go a long way to deliver desirable results for both the taxpayer and single parent. Single mothers have faced significant barriers at the workplace: lack of family-friendly jobs, shortage of childcare, and crippling costs. Single mothers need a system that will recognize their needs and offer them support. This papers aims to look at the literature review on barriers of single mothers in the UK working system; ex, pregnancy and maternity are some of the characteristics that the study will focus on. This research paper provides evidence based on the current scale and the nature of discriminatory activities that are experienced by expectant mothers and new mothers at workplace and the approaches to pregnancy and maternity in particular the challenges single mothers find in managing these issues. In the UK, pregnancy and maternity is protected under the Equality Act 2006 (Acker, 2012, p. 215). The Act prohibits any discrimination because of pregnancy and maternity; this includes the treatment of women in a less favorable way when in maternity (p. 220). For instance, a female worker may be dismissed illegally or made redundant; denied right to go back to the old jobs, lack of promotion, or some of her responsibilities are delegated to someone else mainly because of her pregnancy and maternity leave. The maternity and parental leave Act of 1999 requires that a woman that is in maternity leave should be offered alternative job, failure to offer them is termed as illegal dismissal and discriminatory (223). In the UK today, single mothers are a significant group and are twice likely to be discriminated on their sex at the workplace (Dickens, 2007, p. 466). However, there is steady progress by the government in increasing the number of single mothers in the workforce. The changes in regulations of a friendly working environment have brought an impact on the management of pregnancy and maternity for single mothers (p. 467). The legislations include; the Work and Family Act of 2006 which holds that women should have a compulsory 52 weeks maternity leave (p. 468). On the other hand, the Children and Family Act of 2014 extended women right to request for a flexible work condition to all employees in the UK workforce (p. 469). Despite these legislations, there exists evidence that single mothers still experience discrimination because of pregnancy and maternity (Due, 2011, p. 301). Most research studies have suggested that single mothers and those who are pregnant are continually facing unfair treatments (p. 302). Most research focuses on the employers’ awareness on pregnancy and maternity rights but did not give conclusive findings as to why the awareness is low (p. 305). Literature review Statistics have shown that about 41 percent of single mothers are not in work (Buzzanell et al, 2016, p. 5). These statistics are far behind those mothers in coupled families who do not work; it only stands at 29 percent; it is far behind the ambitions of many single parents who are considered to be a highly motivated group in the workforce (p. 18). Research by Ellis (1993) shows that employers are losing women talent by default.; many employers in the UK have weak employment practices that have crippled efforts of single mothers that want to work (Fisher, 2007, p. 507). It is not right for an employer to discriminate employees based on their personal characteristics. For Instance, a woman may seek her employer for unpaid parental leave. The woman may have adopted a child who she may want to care of during the summer holidays. The worker made sure that the time she asked for parental leave no worker at that time had one. In exercising their authorities whether to grant the woman parental leave or not, the human resource manager refuses the request just because they do not agree adoption of children. This is discrimination to the woman because they are denying her parental rights just because she adopted the child (Foote & Robinson, 1999, p. 90). Research conducted by Gregg et al (2005), shows that 1 out of 10 women in the UK working force experienced pregnancy in their workplace. Only 2% of the employers reported the right of women from being treated unfavorably because they are pregnant or maternity leave is significantly hard to facilitate (p. 74). Another research by Han et al (2015) found that around 4 out of 10 employers found managing pregnancy and maternity leave hard. Only 6 out of 10 employers found it easy (p. 54). It also showed that about 73% of employers found that management of pregnant women in short or long-term contracts is easy (p. 55). The main reason they expressed was ease of finding a suitable replacement staff. A research by Schonberg & Ludstick (2010) showed different employers attitudes towards pregnancy at workplace. The employers that had a more recent experience of pregnancy at workplace were positive (p. 55). However, 2 out of 5 employers felt that pregnancy caused unreasonable cost burden on their workplace (p. 102). Only 1% of the employers interviewed thought that single mothers in the workplace had abused their rights. Employers that have not had any recent experience of pregnancy felt the cost burden were unreasonable (p. 103). Equally the small employers were twice likely to feel the cost burden to their business. Research by Whitehead et al (2000) shows that single mother encountered a range of negative treatments during pregnancy. The experiences amounted to unlawful pregnancy and maternity discrimination. Single mothers reported unfavorable treatment during the pregnancy leave than maternity leave. The single mothers expressed their discontent with unsuitable workloads during pregnancy (p. 220). About 14% of the total single mother working population was encouraged to sign off their sick leave before they felt to go to maternity leave (p. 221). Most organizations have expressed support for single mothers who are expectant and new mothers (Gregg et al, 2005, p. 50). This has been reflected on the experiences of many employers. Four out of five employers felt that it was in the interest of the organizations to give support to expectant single mothers and those in maternity leave (p. 58). However, a third of single mothers in the workforce reported their needs as either an expectant woman or mothers on maternity leave were not supported fully by their employers (p. 60). Single mothers in the UK have complained of reluctance by their employers. However, employers have refuted the allegations saying that increased staff retention was the primary reason that they were supporting pregnant employees that are on maternity leave (77). Research by Ellis (1993) showed that most women did not report any negative effects after letting their employer know they were expectant. However, 2 out of ten expressed their discontent about their employers’ discontent on letting them go to maternity leave (65). Research has shown that poor treatment during pregnancy and maternity leave has negative effects (Acker, 2012, p, 223). It may affect a woman’s employment and pay prospects. Research has also shown that about a quarter of women do not return to their workplace after maternity leave (p. 223). A minority of 18% have made their personal choices of staying at home (p.223). Single mothers are also likely to terminate their working contracts with the employers if they experience discrimination during pregnancy or maternity leave. Single mothers have also expressed their discontent with their employers’ unpleasant comments and being victims of bullying. Managers have often been found in fault for questioning an expectant woman’s performance or ability towards performing their duties (p. 224). Expectant and new mothers in the UK have suffered huge harassment of bullying and they had to seek leaves for ante-natal appointments. They usually end up having diaries that outlines the kind of work they are doing and how long it can take them to perform. Their managers and supervisors continuously talk to them expressing discontent in their work; they end up threatening them that if they did not perform they would be relieved of their duties (Dickens, 2007, p. 488). In conclusion, various studies by scholars have suggested that employers should assess the risks to expectant and maternity mothers in the workplace. They should constantly keep the risks under review as women must notify their managers of their pregnancies as it progresses. It is very important if employers adhere to the Equality Act of 2006, they should respect all the rights for its workers regardless of their personal characteristics: age, disability, sexual orientation, religion, pregnancy and maternity are important characteristics in the Equal Act of 2006. PART B: Law and Equality at Work Place The equality law allows employees to take appropriate legal actions who think that other employees or even job applicants who have certain protected interests are caused to suffer a particular disadvantage that is relevant to that characteristic. This legislation can also apply when they exhibit disproportionately low activity participation. Further, it allows employees an opportunity to take into account a protected characteristic when face with choice of who to promote or recruit. Some evidence would be needed to demonstrate that people manifesting those characteristics undergo difficulties in the work environment or are under-represented disproportionately in the given job for which a vacancy is available. This paper consists of a discussion that requires an assessment of a case study involving a workplace equality issue and how this particular employment issues relates to the equality law. Q1. What law is relevant to this case? The law that is relevant to this case study is the equality law. This case study presents the issue of Jess, whose scenario is based on aspects of equality law of dealing with a worker complaint. Jess, who is a worker, presents her grievances at the work place due to what she feels is improper conduct from her fellow male employees. Jess is an assistant in the department of digital marketing, and has been an employee for this company for 6 months. Her grievances is that her predominantly male workers are giving explicit comments concerning her boobs, something that prompts her to take action since her rights are being violated (Hart 2010, p.586). Therefore, the specific equality in this case study is the law that forbids gender based discrimination. Jess feels that these comments are not only humiliating and personal but all feels that she and her decisions are not valued in the workplace. According the law of equality, an employee who thinks they have been discriminated unlawfully has the right to push for an Employment Tribunal claim. Often, an employment tribunal claim can have serious consequences on the organizations’ reputation. This offers to protect and limit illegal conduct in view of the equality law hence ensuring that the workspace is free and conscious of equality among its members (Bolger et al, 2012, p.45). In this case study, the protected characteristics are sex, which pertains to protection of both men and women. Moreover, on the employers’ perspective, the Marketing Director is challenged by the decision of dealing with Jess. When the marketing director meets with the operations manager, the former decides that he will not shortlist Jess as the potential interview, pointing out that she hasn’t cultivated the art of working and liaising with her fellow employees (Armstrong et al 2010, p.980). The equality law provides that an employer must not have a policy that automatically discriminates job applications as a result of shared protected characteristics in promotion or recruitment. This implies that the job applicants’ merits, abilities, and qualifications must be considered failure to which it will raise claims of discrimination and lawlessness. Q2. What are the potential risks if the organization breaches this law? When the equality law is breached, several risks are bound to occur. Oftentimes, the legal remedy is the compensation of money. The amount of money compensated to the compliant depends on the type of case among other legal parameters (Belton 2004, p.56). Usually, the compensation is attributed to “injury to feelings”. In this case study, Jess backed by the equality law to make a claim and receive a compensation in return. If Jess decides that she will not be needing money she can, through the court, decide that the marketing manager donates a particular amount of money to a charity organization. In addition, the employment complains are length and expensive. This will reflect on the company’s productivity. If Jess wins the case, there will be a considerable damage to the marketing manager, and by extension the organization. This will putt of potential customers and have a great effect on the organization’s revenue and well-being including non-public service functions. A drop in the organization’s revenues represents an overall decrease in productivity. This law is particularly relent to employers because if an employer willfully decide to take action or decision, perhaps in dismissal of an employee, then the law of equality applies in full force. Essentially, under the equality law, the employer of any organization is restrained on making a discriminatory action against an employee (Ontiveros et al 202, p.288). In this case study Jess has the right to file a complaint that will make the organization liable to various legal actions. The actions or decision of the marketing manager in omitting Jess from the list of interviews is unlawful discrimination. Opting to enlist his relative over Jess, the marketing manager is in potential risk of compensating Jess a hefty amount of money for unequal denial of opportunity. Particular areas of the organization especially losing customers and clients as well as finding new ones can paralyze the marketing strategies of the business in an unprecedented way. Other legal risks that the organization and employer will face include inquiries, unlawful Act notices, investigations, agreements, compliance notices, and public sector duty assessments. The organization will be faced with the challenging task of having to deal with compliance notices in the process of recruitment. A damaged reputation of the company will have an implication over the advertising and recruitment activities; many people will reluctant to send their application letters to this organization and this will limit their chances of finding the most skilled personnel from the interviews that will be conducted (PURDY 2015, p.35). The organization will therefore work under the severe policies that can inevitably destabilize all other operations. Subsequently, Jess, under the equality law in workplace, will have a right to overturn the decisions made by the marketing manager should her reasons be found justifiable during the court produces. On the other hand, the marketing director will face the law given that he committed at least two offenses: first, failing to address Jess’s allegation that her male employees were making uncomfortable claims concerning her, an issue that she felt was a violation of work ethics and her own integrity, besides hurting personal feelings. Other cases similar to Jess’s have resulted in employers paying heavy amounts of money in compensation to the employees. Q3. What are your recommendations to the organization regarding the steps it should take to ensure an outcome that is both legally compliantand reasonable for the organization? To ensure that equality law is implemented in the work place, there must be a demonstrable commitment to the law starting from right from the top of the organization (Craig, 2007, p.67). Work culture lies at the foundation of legislating and implementing the law within the organization(Equalityhumanrights.com, 2016). The management and administration body of the organization must lead by example and actions. In order to successfully implement the law, an organization should involve all its stake holders so as to ensure there is unanimous promotion and acceptance of the law so as to avoid future disputes or breach of the law. Training is also a vital part of the implementation of the law (Walsh 2007, p.310). Extensive training and promotion of the Act both for the employer and employees should be effected. Training should involve a clear explanation of what the law entails, what it means on employees, and what its benefits are both to individual workers and the organization. Incorporating the law into the business strategies of the organization will enable the work force to stay committed to the law with a conscious knowledge of the disciplinary action that can befall any worker should they breach the law(Equalityhumanrights.com, 2016). Moreover, reference should be made to the equality law in other work ethics that are valid within the organization. Overall, there should be an action plan in place that consists of a commitment to regularly review the law. Q4. Recommendations to the organization in respect to avoid the recurrence of this kind of issue. Inclusive training: Theorganization should seek to conduct training and development programs aimed at creating awareness on benefits of adhering to equality policies and laws. It should initiate educational forums to equip their employee with information pertaining to the law. This will create a knowledgeable, dynamic, respectful, and creative workforce with heightened communication and conflict resolution skills in the organization(Lawsociety.org.uk, 2016). Good channels for communication and consultation. In the case study, jess was limited to voicing her grievances to the marketing manager, who did not respond to her concerns. Failed communication in the workplace can potentially create tensions and hostility between workers or employers(Lawsociety.org.uk, 2016). This will be a critical step in overcoming discrimination in the workplace. Having a varied, diverse, and able workforce ensures a pleasant working environment and consequentially, improves productivity. A clear system of value based on mutual respect. Unfortunately, the organization that Jess works in lacks leadership, demonstrated by the actions taken by the marketing manager. Apparently, some organization does not respect the rule of law and have found themselves in difficult situations. An organization should set standards to follow and laws to be adhered to. It must implement penalties upon members that fail to comply with equality policies. References Acker, J. 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