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Employment Law - Essay Example

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The circumstances in the present case evidently fall within the ambit of the Race Relations Act 1976 and the client Andreas Theopopolous stands a good chance of success with his claims at the Employment Tribunal in the light of recent cases decided favourably by the Employment…
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Employment Law
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Download file to see previous pages Theopopolous. In addition the respondent has failed to abide by the statutory requirements pertinent to employment conduct and employment termination procedures.
Originally, discrimination under the RRA 1976 can be committed in three ways: direct discrimination, indirect discrimination and victimisation. The primary distinction among the three is that in direct discrimination it is the respondent which treats the complainant comparatively less than the others by reason of the latter’s racial or ethnic origin, in indirect discrimination, it is the condition or requirement which becomes the tool of discrimination because such condition cannot be complied with by the complainant by reason of his racial or ethnical custom and beliefs, and in victimisation, the discrimination occurs after the complainant has filed a case of discrimination or done any other previous act testifying or informing others of such discriminatory practices by the employer (Race Relations Act 19976). In 2003 however, the RRA 1976 was amended to include another category – harassment – now integrated into the law as Section 3A. The said section states:
The case of Gravell v London Borough of Bexley, [2007] UKEAT 0587_06_0203 which treats of racial discrimination in employment through harassment finds parallelism in the present case. The case was an appeal for a review of a part of a decision of the lower employment tribunal which struck out two specific allegations of the complainant: first, the policy of the respondent employer not to challenge racist comments, and; second, the failure of the respondent employer to correct the racial harassments made by her co-employer through test messages even though she specifically brought them to its attention. The lower tribunal’s rationale for its decision was that the allegations did not have much chance of success in the light of the obiter dictum made by the House of Lords in the case of Pearce v The Governing Body ...Download file to see next pagesRead More
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