Labour Law, Employment Ground - Essay Example

?Labour Law Whilst section 14 of the Equality Act can be criticised on a number of grounds, the section must be brought into force in order moreeffectively to combat discrimination in the workplace Introduction: With the global development, the employment landscape and the subsequent inter-relationship between employers and employees is changing at a constant and rapid rate. The dynamics of such a relationship has a significant impact on the manner in which organizations function. Hence laws such as Employment law or the Equality laws are brought into force in order to ensure a healthy and symbiotic relationship between employees and employers and to eliminate or prevent the occurrences of discriminatory practices at the workplace. Discrimination in the workplace is regarded as unlawful in the eyes of law on the following grounds: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race, caste, ethnicity, national origin or skin colour; religion or belief; sex; sexual orientation; part-time work; fixed-term work; trade union membership or activities. The Equality Act 2010 seeks to protect the employees from various types of discrimination which is rampant at the workplace. This includes: direct discrimination, indirect discrimination, harassment as well as victimization. However, in order to further strengthen the law against discriminatory practices in employment, and widen its scope, a new type of discrimination viz-a-viz dual discrimination has been added by way of section 14 (Hepple, et al., 2000). According to section 14 of Equality Act 2010: Combined discrimination: dual characteristics (1) A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics (Legislation.gov.uk, 2011). According to this newly introduced law, discrimination claims can now be brought in relation to a combination of two protected characteristics: which includes - age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation (Legislation.gov.uk, 2011). Currently the law only allows for claims of discrimination to be filed in only one particular category of discrimination such as gender or race, but the new law i.e. dual discrimination, seeks to widen this scope to include two of the listed forms of discrimination. For instance earlier, black women victims of discrimination could only claim discrimination on the basis of either race or gender but with the introduction of section 14, they can now claim discrimination on the grounds of both race as well as gender. Furthermore, the new provision has opened avenues for victims of workplace discrimination, where it was impossible for them to file such a claim under the previous law. A black woman was discriminated against on the grounds of race and gender could not claim discrimination if the employer hired a black man and a white woman for the same job. However, section 14 which allows the victims to claim dual discrimination can now effectively do so, by demonstrating that they have been subjected to less favourable treatment on the basis of their race as well as gender, citing the previous example. Brief Overview: The Equality Act 2010 is a result of efforts put in by the Labour Government as well as the active campaigning by various Human Rights group seeking for prevention of discriminatory work practices in employment. The act is currently applicable across Great Britain i.e. England, Scotland, and Wales and is not applicable in Ireland. The fundamental aim of this act is to adopt an inclusive outlook towards key issues enforced under one single commission. This is achieved by clarifying various definitions of discrimination, as explained under the act and applies them in accordance with the respective protected characteristics. The introduction of a new section under this act has led to an expansion of duties of the public authorities which is likely to achieve equality in work practices and protection of the vulnerable groups who are covered under the protected characteristics. The act has also widened its outreach, in the process, which allows a stringent action against those indulging in discriminatory behaviour and hence bring about a positive change in the employment practices (Davies, 2011). The paramount objective / function of the Equality Act is to accomplish complete amicability, reduction of ambiguity and enhancement of the existing law. The provision of this act ensures protection of individuals from various forms of discrimination and guarantees them their right to equality, regardless of any bias. The newly introduced section 14 helps in further strengthening the act by ensuring full protection of vulnerable groups, which were previously at a relative disadvantage in the absence of such a provision (Uccellari, 2008). The introduction of this new law would help the government in achieving its goals of freedom, fairness and responsibility and the desire to implement stringent laws for the betterment of the larger public interest. In the process, the law makers seek to bring down barriers to equal opportunities and provide an equal platform for all in a bid to establish a fairer and amiable working environment. Such laws will also help in increasing transparency and strengthen the democratic rights of its citizens. Efficient laws are the tools which help in bringing about positive changes in the society, and to ensure a positive relationship between all members of its culturally diverse communities. By supporting the cause of equality across all sectors in the society, the government seeks to encourage a healthy working atmosphere, which would in turn lead to better employee - employer relationship, enhanced productivity, greater profits, and an overall economic growth and development of the nation as a whole. The introduction of new provisions has afforded greater clarity of purpose and stronger protection to individuals against discrimination at the work place. The act is likely to take effect in April 2011 and introduces a whole new category under discrimination i.e. dual discrimination. The claim under this section can only be made if it is related to discrimination under two of the protected characteristics. The law allows the claimant to book various multiple discrimination cases. The dual discrimination law is applicable only in cases of direct discrimination while other aspects which are related to indirect discrimination, harassment or victimization are not covered under this provision. However, it allows the employer to defeat the dual discrimination claim by claiming that the other employees having similar protected characteristics as held by the claimant would be treated in the exact same way. In case of a regular claim related to discrimination, based on protected characteristic, the protected characteristic need not be the only reason for discriminatory treatment. It only requires to be an effective and valid cause of the treatment which is not precluded by any other protected characteristic (National Equality Panel, 2010). The government’s vision of an all-inclusive and revolutionary idea of equality is now sought to be effectively incorporated under a single general equality duty to all protected characteristics. The equality duty in the public sector was applicable to various protected characteristics such as race, gender and disability with significant differences between them. The new improved act now focuses to merge the existing protected characteristics along with other added characteristics such as gender, age, pregnancy and maternity, religion / beliefs, as well as sexual orientation. Such an act would help in reducing gender and race discrimination which is rampant in the recruitment process as well as in the workplace, and present the employees with a fair chance to seek gainful employment by showcasing their talents. This act adds an additional responsibility on the recruitment authorities who are concerned with hiring employees in accordance with their characteristics or talents. The act allows the employers can now enhance their workplace diversity by taking positive action where the job applicants are concerned, especially in case of those who share similar talents / characteristics but where one of them falls under the protected characteristics provision. For instance, the recruiting department may give out job adverts targeting people belonging to diverse religious, racial or ethnic backgrounds, women or other protected groups, and make their workforce more diverse. Such positive action on the part of the employers and eliminate the under-representation of such minority groups. However, it must be noted that such positive action can only be effectively implemented where the employees are equally qualified and fit for the desired job. Although such positive action is not mandatory, it is highly recommended, especially in the event of introduction of a range of laws under the Equality Act (Sargeant, Lewis, 2010). Discussion and Analysis As cited in the above sections, the new law has paved way for a subsequent reduction in cases related to workplace discrimination, victimization or harassment as well as other similar prohibited practices under the law. Such inclusion of broader acts has enabled the individuals to exercise their basic rights of equal opportunity in the workplace. This is likely to foster positive relationship between the employers and employees as well as among the employees themselves. The law has imposed a general duty on the public as well as private sector authorities to accommodate employees from all walks of life and offer equal opportunities to them, based on their talent and qualifications. The basic aim is to promote equal working opportunity to the minority sections of the society. The law has also levied additional and specific duties which fall within the purview of EU law and which will help in widening the scope of the existing law, for the larger benefit of the society as a whole (Declaration of Principles of Equality, 2008). The ambiguities which previously existed are now removed successfully with the help of introduction of clearer definitions and addition of explanatory notes at the end. The introduction of new provisions under this law has not only widened the scope for victims of workplace discrimination but also encouraged diversity in the workplace. Although the law suggests that the employers take appropriate measures while hiring or recruiting employees, so as to avoid any unnecessary negligence which might lead to claims of discrimination against the organization. Earlier where it was possible for employers or the recruitment department to get away with discriminatory work practices, the new law has made it almost impossible for them to escape or get away with it. There is hardly any scope for the employers to treat some employees favourably over others and still be within the limits of the Act such as in case of discrimination under two or more grounds. Post the introduction and implementation of section 14, such practices cannot be permitted under the law and can be brought to book by the victims, with strict action taken against those involved or against the organization itself (Davies, 2009). There are however, certain limitations to the Act, such as the current law does not take into consideration discrimination faced by immigrant employees and no protection is available to them either in terms of age, gender, religion, or belief. This is one of the most crucial drawbacks of the law which needs to be corrected. Also, the law currently does not provide protection to the victims under the equality act, by way of private law rights, since they are enforceable only through judicial review. Hence if the local authority abruptly stops funding to a women’s organization the organization cannot claim discrimination against the local council, and although it can be brought to book by a person with sufficient interest, there is no guarantee in terms of compensation or damages borne by the organization (Taylor, Emir, 2009). In order for any law to prosper and be effectively implemented, the right to equality must be followed by a positive action, which involves various legislative, administrative as well as policy measures. Such measures help in overcoming various setbacks and accelerate the process of achieving universal equality of certain disadvantaged groups. In order to enforce uniform equality across various sections of the society in the workplace, the employers may take proactive measures which may help them in overcoming employment barriers or reducing the impact of the protected characteristics on their employability status. For instance, the recruitment department may hire candidates from all social groups regardless of their age, gender, religious beliefs, or sexual orientation and try to eliminate or reduce its impact by enabling them to gain meaningful employment. Although the such provisions were made available under the previous law as well, but the new amendments introduced are relatively more consistent and applicable to a larger group, and is in accordance with the provisions of the EU law, along with being applicable to all the protected characteristics (Abrams, 1982). Conclusion The Equality Act is one of the most significant achievements from the perspective of the equal rights movement as well as those groups advocating against discrimination in the workplace. Over the past couple of decades, the movement for equality in employment has strengthened and gained widespread acknowledgement and recognition among various groups in the society. Such widespread recognition and awareness regarding equality, has helped in bringing about such significant and revolutionary transformations in the law with the result that the government has now sought expansion of the existing law to accommodate all the demands and implement laws favouring the socially disadvantaged groups. The act now includes provisions which deal not only with primary forms of discrimination, harassment and victimization but also includes within its purview, various other understated yet significant forms of discrimination as well. The law has successfully introduced various new definitions to reduce ambiguity and has effectively clarified the difference between identical and equal treatment offered to the employees. It has highlighted the fact that equal treatment entails accommodating the various differences which are present in the employees belonging to minority groups or to those groups of people who have one or more of the prescribed characteristics, as listed out in section 14 (2) of the Equality Act. The current improved provision sought to be introduced in the coming months, belongs to the fifth generation Equality Act 2010, and has successfully overcome the barriers and setbacks present in the previous one. The law effectively drives home the fact that the concept of equality is an inseparable primary human right and that no success can ever be achieved in the presence of a hierarchy of equality. The new provision ensures to overcome the barriers faced by victims of dual discrimination, and lends them a stronger voice to claim justice on behalf of all the disadvantaged groups, as opposed to favouring just one particular section of the society. It emphasises the fact that members of disadvantaged groups are potentially at risk of discriminatory work practices and have limited chances of securing equal respect in organizations in the absence of stringent laws which seek to protect their self interests. The new reforms sought to be implemented have broadened the responsibilities of the public sector as well, who will now be held responsible for ensuring positive action, to be incorporated within their organizations as a means of accommodating employees from diverse backgrounds, and hence provide equal opportunity to them. Such an act is likely to ensure transformative quality in the law and eliminate workplace discrimination to a substantial extent. In conclusion, there are several loopholes and gaps which need to be bridged in order to form a comprehensive law which ensures uniform equality, but this fact does not override the giant strides taken by the newly introduced provisions and its likely impact. This is not the end to a never-ending struggle for equality in the workplace, but a beginning to a whole new set of reformative laws, yet to be implemented in the near future. References: Abrams, P., 1982. Historical Sociology, Sheptom Mallet, Open Books, Pp. 15 - 20 Davies, A., 2011. Workplace law handbook 2011 - Employment Law and Human Resources Handbook, Workplace Law Group Publication, Pp. 200 - 213 Davies, A., 2009. Perspectives on Labour Law, New York, Cambridge University Press Declaration of Principles of Equality, 2008. Equal Rights Trust Publication, London, October 2008 Hepple, B., Coussey, M., Choudhary, T., 2000. Equality: A new framework: Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation, Oxford, Hart Publishing Legislation.gov.uk, 2011. Equality Act 2010 Chapter 2 Section 14 [online] Available from: http://www.legislation.gov.uk/ukpga/2010/15/section/14 [Accessed: 15 Jan, 2011] National Equality Panel, 2010. An Anatomy of Economic Inequalit in the UK, London, Government Inequalities Office, Pp. 238 - 240 Sargeant, M., Lewis, D., 2010. Employment Law, Dorchester: Longman Taylor, S., Emir, A., 2009. Employment Law: An Introduction, Italy: Oxford University Press Uccellari, P., 2008. Multiple discrimination: How law can reflect realit, Equal Rights Review, Vol. 1, Pp. 24 - 49 Read More