Implications of the UK Employment Law - Essay Example

 Implications of the UK Employment Law Introduction Over the years, there have been major problems related to the Employment Law that are yet to be resolved. This paper will look at the impact of the Law on politics, society and economy as well as addressing its history and amendments done. The paper will also highlight important employment issues, legal and policy issues in the context of discrimination protection law. This will be done by comparing similar issues and policies in other countries such as Japan and the United States. To understand the law, let’s first look at the stakeholders and the reason why the law was put in place. This law is used to determine the legal interaction and relationship between employers, trade unions and employers. Employment rights are found in various Acts and regulations set to safe guard either parties from oppression. Such include the National Minimum Wage Act of 1998 and the Working Regulations Act of the same year. These acts will be discussed in detail in this paper. Other acts include The Pensions Act 2008 and the Equality Act 2010. Various issues that have come up with the amendments and the increasing employment protection. For instance, it is noted that the employment protection laws in UK are still lower if they are compared with those from other countries such as the United States or the European Union members. Of more importance is the role of the UK anti-discrimination law. This law which discourages various forms of discrimination is important in the employment sector to guard the employees from various forms of discrimination as well as sexual harassment. These acts have a direct and indirect impact on the politics, society and economy of the country and so understanding this effect is of importance in this course. The UK Anti-Discrimination Law The Equality Act 2010 legally protects people from discrimination in the workplace and also in in the community as a whole1. This law is made up of three major statutes which include; - Sex Discrimination Act 19752. This act was put in place to prohibit any form of discrimination either in the workplace or any other place on the basis or grounds of sex, marital status and gender reassignment. This should also apply in fields of education. This law is applicable in Wales, England and also in Scotland. The Race Relations Act 1976 came immediately after the Sex Discrimination Act. An amendment The Race Relations Act 2000 is a development of this Act and the Race Relations Act 1976 Regulations 20033. This act prohibits any form of discrimination on the basis of the individual’s colour, ethnic background, race, nationality or the place of origin. This law is applicable in the fields of employment where racial discrimination is likely to be witnessed, education and in the provision of goods and services. Any individual breaking the law is culpable in the three countries named above. To deal with discrimination on the basis of disability the Disability Discrimination Act 1995 was put in place. This act discourages any form of discrimination of the basis of disability in the field of education, employment and the access to goods and services. It purports that the disabled people should be accorded similar treatment in these fields as the ones who are not disabled. Equal job opportunities and educational opportunities should be given to all citizens regardless of whether they are disabled or not. On top of teat, the Employment Equality Regulations 2003 was put in place to prohibit sexual orientation discrimination while in place of work. These laws are applicable both in the private and the public sector. Discrimination being a soft issue needed serious rules that would safeguard the employees mainly from the employers. Few amendments have been made on the Disability Discrimination Act and it was made to cover other fields which include prison officers, police officers, and advocates among others. The changes done also included the prohibition of constructive dismissal and instructions or pressure to discriminate and some provisions on harassment which has been noted as a mode of discrimination. Provisions of the Equality Act 2010 After the law was passed, there were provisions which came into force immediately. These included the basic framework against discrimination be it direct or indirect. This would also cover harassment and victimisation in any place such as in the education sector. Also included was the removal of medical supervision in the definition of gender reassignment. People who are thought to have an association with another who has a protected characteristic were supposed to be protected by the law. Breast feeding mothers were accorded clearer protection and indirect discrimination was addressed in a better way. The provisions relating to work included the un-enforcement of pay secrecy clauses. There was extended protection in private clubs as it relates in matters of the individuals’ religion, sex and gender reassignment. There are various implications and causes that led to the development of the law. In the United States, it is against the law to discriminate a person on the basis mentioned above when they are being hired. An employer can be held culpable under those statutes if it is established that he/she was involved in such an act. The terms and conditions which are offered when the contract is being signed or enacted should show the impartiality needed and guarded by the law. In the United Kingdom, the Equality and Human Rights Commission which was established in line with the Equality Act of 2006 is responsible for ensuring that no employee is discriminated on the basis of race, sex, disability, nationality and the others identified above4. Age discrimination was also included in the provisions of the act. No employer should discriminate an employee or a potential employee on the basis of age unless the specific practice or the act is covered by an exeption from the ban against age discrimination. The employer can also go ahead and justify the reason behind the discrimination and why he thinks that an individual of a particular age may not be able to achieve the desired results. If this is not the case, then it is against the provisions of the Equality Act to discriminate anyone of such basis. This ban came into force in 2012. History of the Equality Act One of the cases that led to a great change in the field and how people thought in respect to discrimination was the Roberts v Hopwood in 1925. In this case, the employer had decided to pay all his employees four dollar regardless of the work they did or the fact that they were of different gender. In the case, it was supposed that the ruling made would be based on the fallen cost of living and so rule in favour of the employees. One of the major problems at the time was securing equal rights among the sexes. It seemed impossible for the ladies to be accorded an equal remuneration with the men. The Representation of the People Act of 1928 empowered the women by grating them an equal voting right to their male counterparts and also acted as a landmark move towards the end of discrimination5. After most of the British colonies became independent, one of the major changes noted was that many people moved to Europe and also in Britain and so another problem came up. Racial Prejudice. The Equal Pay Act, the Race Relations Act and the Sex Discrimination Act were some of the acts that were proposed and passed by the government in its bid to curb discrimination at all costs. However, due to emerging issues, the acts have been amended on various occasions to give them more power to address the issues. One of such issues is landmark cases such as Seymur-Smith v Secretary of state for employment which attracted much interest on the understanding of employee dismissal. Impact on Society Holly Wallis and Stephen Robb editors with the British Broadcasting Corporation covered the story of a lady, one Jorden Berkeley who was a victim of workplace discrimination on the basis of her ethnic background. According to Jorden, who in 2012 was twenty two years old, she tried in vain to apply for various jobs including her full names. However, on receiving no response, she became agitated as she had no issues with her qualifications. Her visit to a career advisor proved worth as she was told to drop her first name and assume her middle name which is Elizabeth. Though she knew her name was not stereotypically ethnic, this was worth the try. Since then, she has been receiving calls. Later, she came to realize that most her friends had been forced to go through what they call ‘whitening’ their resumes. A deeper look into the situation reveals that the unemployment rates among the ethnic minority ladies in the society has been on the rise compared to the number of the unemployed white counterparts. This is according to a report produced by the All Party Parliamentary Group. Entering the labour market is therefore a problem to the ethnic minority in the country. According to the report, most women lose the confidence on getting any job and this adds to the numbers of those remaining jobless. The concept of double jeopardy creeps in here as the ethnic minority women are being discriminated on the basis of their gender as well as their race. Vivienne Hayes who is the head of the Women’s Resource Centre charity explained that it is really disappointing that at this era and time the women cannot work in peace or be accorded a fair platform where they can seek for jobs with their male counterparts as well as the white women. Comparing the unemployment rates for the white women against the ethnic minority women, the white women stand at 6.8% while that for the ethnic minority stood at 14%. This difference is significant expressing the real situation on the ground. The Public Sector Equality Duty came into enforcement across the UK in 2011. This policy protects individuals such as the ethnic minority against employers who may try to use their position to discriminate them on the basis of their gender or their race. According to this policy, all public bodies are bound to consider all individuals who are working or requesting to work with them on fair and impartial grounds. On top of that it requires the public bodies to ensure that they work hand in hand with other institutions in eliminating discrimination, ensure that there is equality and fairness in the opportunities given, and that they play a core role in ensuring that there are good relations between people of different races, gender, nationality etc. The provisions of the law gives all the citizens a fair platform where the employers or the institutions employing them should give them a chance to work. Unfair dismissal which also comes with the unfair treatment of the employees and discrimination is also discouraged. The legal protection offered is important to determine how the employers relate with the employees and to ensure that no one is given an advantage over the other on the basis of race, gender, nationality etc. Employers are also supposed to ensure that other processes in the workplace such as promotion of employees is done on fair grounds and the selection is impartial. In cases where the employee feels that there was unfairness and discrimination was manifested in one way or the other, legal measures need to be taken against the individual in question or the whole company. The case given above shows the reality on the ground and the prejudice that various groups are accorded as compared to their counterparts with similar qualifications. Religious discrimination was seen in the case where Nadai Eweida an employee with the British Airways claimed that she was discriminated against after she was stopped from putting on her Christmas white gold cross visibly. In her case against the company which she directed to the European Court of Human Rights, it was not fair for her to be blocked from putting on her gold cross in the company’s bid to salvage a better corporate image. Article 9 of the European Convention on Human Rights protects individual’s religious differences and so the court ruled that Ms Eweida’s rights had been violated. On the issue, Prime Minister David Cameron expressed his delight noting that no one should be made to suffer discrimination on the basis of their religious beliefs. On top of the international laws that protect the employees from such kind of discrimination, the UK anti-discrimination law is categorical in ensuring that the same is upheld and anyone breaking the law is subject prosecution. The act has had an impact on the UK economy. For instance by discouraging discrimination, that means that all the people who are qualified for a given position will be given a fair consideration and so the likelihood of getting the job are higher. The economic status of the ethnic minority will be elevated. With the growing confidence, the employers who had a misconception, either on the performance of the individuals will have a chance to try them and prove whether they are able to work or not. This is important in a growing economy. The objectives of the act were (i) to eliminate unlawful discrimination, harassment and victimization. (ii) Advance equality of opportunities between various groups and (iii) Promote good relations between people who have a give characteristic and those who don’t. By accomplishing the three objectives, then there will be harmony in the society and cases of discrimination will be a thing of the past. Prejudice on the basis of sex, race or religion are acts that are promoted and have been supported by the society. Over the years, it has proved extremely hard to edge the ill out of the society and so having the act in position is very important. In the United States, the Employment Discrimination Law was derived from the common law and a collection of other laws that are related to the main issue. One of the major contributors to the law is the Civil Rights Act of 19646. The federal courts in the US prohibit any form of discrimination in institutions and other bodies whether public or private. The Federal Law puts it clearly that no individual should be discriminated or harassed on the basis of their religion, race, sex, national origin, disability or nationality7. Also included is the Pregnancy Discrimination Act which prohibits the discrimination of women because of pregnancy or any medical condition that is related to her pregnancy. The Equal Pay Act of 1963 prohibited paying men and women different amounts of cash for doing a similar task. The Age Discrimination Act of 1967 was developed to protect people who are over 40 years old8. Comparing this to the state in the United Kingdom, it is evident that various statutes have been put in place to counter discrimination mainly in the workplace. Violators are bound to face legal measures put in place to protect the public and ensure that everyone is accorded fair treatment. Bibliography U.S. Securities and Exchange Commission. ‘Antidiscrimination (EEO) Law Information’, http://www.sec.gov/eeoinfo/antidiscrimination.htm, Accessed Jan 8, 2015. NOLO Law for All, ‘Federal Anti-discriminatory Laws, n.d. http://www.nolo.com/legal-encyclopedia/federal-antidiscrimination-laws-29451.html Accessed Jan 8, 2015. Susan, H. S, ‘Anti-Discriminatory Laws’ (United States Department of Labour, August 1999) http://www.dol.gov/dol/aboutdol/history/herman/reports/futurework/conference/staffing/9.7_discrimination.htm, Accessed Jan 8, 2015. Equality Act 2010. http://www.legislation.gov.uk/ukpga/2010/15/contents, Accessed Jan 9, 2015. The Representation of the People Act of 1928 Government Equalities Office and Department of Culture, Media & Sport, ‘Equality Act 2010: Guidance’ (2013) https://www.gov.uk/equality-act-2010-guidance, Accessed Jan 9, 2015. Equality and Human Rights Commission, What is the Equality Act? http://www.equalityhumanrights.com/legal-and-policy/legislation/equality-act-2010/what-equality-act, Accessed Jan 4, 2015. Race Relations Act 1976 Regulations 2003 Read More