The Influence of Legislation on Inequality and Discrimination in Employment - Essay Example

The Influence of Legislation on Inequality and Discrimination in Employment Employees over the years claim their rights and pursue their interest in the pursuit of equality in terms of employment opportunities so as to be accorded with due process of law in order to redress their claims and grievances against their employers, and as such, labour legislations were enacted to reconcile the differences between the employers and the employees and more importantly to ensure industrial peace among them, since both labour and capital are indispensable to the economy of a nation. Labour is not a mere employee of capital, but is the active and it's equal partner. It is a clich that because of the economic superiority of capital, labour as a factor is weak and helpless and correspondingly, it finds itself easily in trouble without the necessary assistance of the government. The government in its mandate to promote and ensure the well being of its people, enacts labour legislations which are intended to protect the worker from the stronger and to correct the injustices that are inherently present in the employer-employee relationship. As such, these labour legislations provide the set of restrictions upon the worker in his relationship with the employer and vice-versa in order to maintain industrial peace and harmony, consequently promoting industrial democracy. In the same way, these labour legislations are designed to look more on the immediate results of the employer-employee relationship. These are the body of rules and principles which governs the relationship between labour and management in the collective on the one hand and the principles of determining the rights and liabilities consequential to the individual relationship of employer and employees. When the conflicting interests of labour and capital are weighed down, the heavier influence of capital must be counterbalanced by the compassion and sympathy accorded to the worker. This is only fair if the worker is given the opportunity and the right to assert and defend his claim, not as a subordinate but also as a peer of management, with which he can negotiate on even plane. And these can be done and addressed before an employment tribunal. This essay will examine the most common forms of inequality and discrimination in the work place. In line with this, this paper will use the relevant laws which address the inequality and discrimination at work and will correspondingly answer the question as to whether or not legislation by itself can make no real impact on inequality and discrimination in employment. As an active member of the country's work force, employees are guaranteed of their rights at work. These rights can be derived from the employee's statutory rights which are the legal rights the basis thereof are the laws passed by Parliament, amongst these rights are the following: Rights to pay which includes the minimum national wage, information on the deductions of his wages, Holiday pay and paid time off for redundancy or for study or training as well as for ante natal care, paid paternity, and maternity leave as well as the paid adoption leave among others. The same also includes Health and Safety, Harassment and Discrimination, Right to organize and join a union among the many other rights assured by the laws. Aside from the foregoing, employees are also protected by the rights conferred to him or her under the contract of employment. The contract of employment is made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them. In addition, the contract of employment will also include 'custom and practice' agreements. These are how things are usually done in the workplace. (Basic Rights at Work n.d.) Amongst those included in the Employment contract are the following: Job title, wages, hours of work, holiday entitlement, sick pay, pension schemes, notice, and grievance, dismissal and disciplinary procedures. Discrimination is commonly referred to as the unequal treatment. It is a means of denying equal opportunity for reasons which are irrelevant to particular responsibilities. It is commonly articulated in an overt, concrete behaviour. Discrimination in the work place is capable of being injurious and detrimental to a person's well being. In the work place, there are numerous discriminatory employment practices against members of particular religious, ethnic, racial and sex groups. And such discrimination aimed at those specific groups can signify economic misfortunes. Discrimination may be with regards to sex, race, disability, nationality, ethnic background, religion or belief, sexual orientation and age. The aforementioned circumstances are the most common types of discrimination which occurs in the work place. Discrimination may either be direct or indirect. Direct discrimination occurs when a person is treated less favourably at work because of their sex, race, religion, age, sexual orientation or disability. (Basic Rights at Work n.d.) On the other hand, indirect discrimination occurs where a particular employee cannot meet a requirement which is not justifiable in terms of the work and they are at a disadvantage as a result. (Basic Rights at Work n.d.). Similarly, related to discrimination is harassment. Harassment is also a form of discrimination. Harassment can include verbal abuse, suggestive remarks and unwanted physical contact. (Basic Rights at Work n.d.). As a consequence of these identifiable discriminatory acts, the government through the Parliament enacts numerous legislative measures so as to address them and possibly to eradicate them. For it is the very duty of government to afford protection to labour, as well as to promote full employment, ensure equal work opportunities in spite of sex, race or creed in addition to the regulation of the relations between employees and employers. By the same token, the government shall ensure the rights of the workers to self organization, collective bargaining, security of tenure and just humane conditions of work. All members of the work force of the country have the basic right not to be discriminated in whichever facet of their employment from recruitment to promotion and salary; as well as to how they are treated by their employers and their colleagues up to their separation from employment. Prevalence of discriminatory acts in employment is inappropriate. For these lead to other factors which will serve as a detriment to an individual's growth and to the society as well. For the reason that it is disadvantageous to the society's productive workforce by the denying the admission to the workforce of beneficial and valuable talents and not sharing the reaps of benefits in terms of access to extensive job opportunities as well as the feasibility of a diverse work force will brought forth to society and the economy. The segregation of jobs by sex had changed in the past years. Women nevertheless fell discriminated primarily when seeking employment and professional opportunity. Women have special needs which are recognized by law and by society. It is incumbent upon women to put up with pregnancy as well as child rearing. And these, no matter how noble it is, are being subjected to discriminatory acts towards women in the work force. Pregnancy and maternity are among the common discrimination based on sex. A pregnant woman cannot be denied the protection during pregnancy as well as after childbirth. Correspondingly, during the period of maternity and pregnancy, changes may occur in the work place depending on the contract of employment like promotion or redundancy amongst others. During these periods, the Employment Rights Act of 1996 which was subsequently amended by the Employment Act of 2002 and the Sex Discrimination Act of 1975. Both laws bestowed statutory rights in relation to pregnancy and maternity provisions to women. The Employment Rights Act 1996, as amended safeguards pregnant employees and new and nursing mothers in regard to: health and safety risks, unlawful dismissal because of pregnancy or maternity-related reasons, redundancy during maternity leave or maternity absence, the right to receive an accurate written statement of the reasons for dismissal during pregnancy or statutory maternity leave and changes to a woman's job on returning from maternity leave. (What the law says n.d.) In the same way, every pregnant employee who has given the employer proper notification is entitled to: reasonable time off with pay for antenatal care, including parent craft/relaxation classes, 26 weeks ordinary maternity leave with all your normal terms and conditions (except pay) and 26 weeks additional maternity leave. (What the law says n.d.) On the other hand, the Sex Discrimination Act of 1975 provides that it is against the lawfor an employer to treat a woman less favourably on the ground of her pregnancy than the employer would have treated her had she not become pregnant. It is also against the law for an employer to treat a woman less favourably for seeking to exercise or taking her statutory right to maternity leave than the employer would have treated her had she notdone so. This applies whether the lessfavourable treatmentoccurs before, during or after the period of maternity leave. Aside from the foregoing, additional employment rights pertinent to pregnancy and maternity are the following: n employee has a statutory right to paid time off for antenatal appointments. If a woman is required to arrange her antenatal appointment outside her normal working hours or criticised for attending them during her normal working time, this may be unlawful. There is also the need for health and safety risk assessment. An employer is required to comply with the specific duties relating to risk assessments for pregnant women, including the removal of risks or hazards, the adjustment of working conditions, like reducing or varying hours of work, the provision of suitable alternative work, or if this is not possible, suspension on full pay. Failure to comply with these requirements may be discrimination. (What the law says n.d.) Closely related to discrimination on the basis of sex is the discrimination on the basis of one's sexual orientation. Discrimination on grounds of sexual orientation manifests when one discriminates or harassed the employee for the reason of his or her sexual preference, the law equally protects an employee whether he or she is gay, lesbian, bisexual or heterosexual. There are sexual orientation regulations which are enforced which deal with the discrimination experienced by being prejudiced due to sexual orientation and it makes it possible for employees to take prompt and effective action to tackle harassment as well as enabling people to have an equal chance of training and promotion irrespective of their sexual orientation. (Discrimination on grounds of Sexual Orientation n.d.) Another related discrimination to sex is Sexual Harassment. Its definition is related to the incidents which occurred before or after October 1, 2005.The definition of sexual harassment on or after October 1, 2005 can be said as: Firstly, Unwanted conduct on the grounds of one's sex: One must be able to show that the treatment is because you are a woman (or a man). The conduct does not have to be of a sexual nature for this form of harassment. The conduct must be done with the purpose of, or have the effect of, violating one's dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for you.Another form is unwanted physical, verbal or non-verbal conduct of a sexual nature: the conduct is of a sexual nature, this is unlawful in itself and you do not have to compare yourself to how somebody of the opposite sex would be treated. This could include: Comments about the way you look which you find demeaning, indecent remarks, questions about your sex life and sexual demands by a member of your own or the opposite sex. It may also involve incidents of touching and other physical threats which are criminal offences. (Definition of Sexual Harassment n.d.) Sexual harassment is prohibited by the Sex Discrimination Act of 1975. It also makes it illegal to harass someone because they intend to undergo, are undergoing or have undergone gender assignment. (Definition of Sexual Harassment n.d.) Therefore, sexual harassment is against the law and as such, women and men a like have a right not to be subjected to sexual harassment at work. If harassment continues or the employer fails to address the issue accordingly, the harassed employee can bring about a claim in an employment tribunal against those who perpetrate the sexual harassment. Another form of discrimination is the discrimination on the basis of race, nationality or ethnic background. A highly industrialised nation like the United Kingdom is vivid example of migration and immersion of cultures which brought up a nation as illustrious and renowned all over the world. Its democratic society as well as its social context of free and liberal thinking in addition to the economic gains the nation has achieved makes it the place of magnificent opportunities for a person who would like to have a better life for himself and his families, a far out situation from the immigrants' hometown which is usually a third world country. As such there is an influx of migration and inter-racial relationship within the society. And it is but a sad predicament that discrimination occurs. In response to this form of discrimination the Race Directive was enacted to outlaw discrimination on grounds of race or ethnic origins in the areas of employment, vocational training among others. (Race Directive n.d.) Related to this is being discriminated both on the basis of sex and race. The bottom line is that all of these forms of discrimination whether based on one circumstances or many, it is all against the law An additional form of discrimination is based on religion or belief. This cover discrimination, harassment and victimisation in work on grounds of apparent as well as actual religion or belief. Similarly, the regulations which safeguards discrimination against religion protects association, i.e. being discriminated on grounds of religion or belief of those with whom you associate like family and friends. (Religion or Belief n.d.) Age likewise serve as a basis for discrimination. The Government's new age discrimination law confers upon the individual new rights and it removes traditional stumbling blocks. The laws ensure that people are no longer denied jobs or harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion. (Age Legislation Fact Sheet No.1 An overview March, 2006) Similarly, the law attach importance to fairness and productivity, for this will help the employers to attract, motivate and retain their employees. It enables the employees to make the best use of skills and experience which can lead to a more diverse workforce, new ideas and access to wider markets. (Age Legislation Fact Sheet No.1 An overview March, 2006) Another noteworthy point presented by the law is the differences in treatment due to age, which accordingly can be acceptable, taking into consideration the safety and welfare of the older or younger employees. Recently, there is an increased sensitivity to physical and mental disabilities, however, many workers still comes across by being victims of employment discrimination due to their disability. Disability discrimination is the procedure in making decisions which affects an employee due to wholly, or partly, upon the real or perceived disability of the employee.The Disability Discrimination Act of 1995 provides that an employer discriminates against a disabled person if for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and he cannot show that the treatment in question is justified. The law makes it unlawful to discriminate against people in respect of their disabitiliyes in relation to employment, the provision of goods and services, education and transport amongst others. The law likewise makes it incumbent upon the employers to have reasonable medical criteria for employment, and to expect adequate performance from all employees once any reasonable adjustments have been made. In connection with the aforementioned acts of discrimination, the Equal Pay Act of 1970 addresses the issues of discrimination between men and women in the same workplace with respect to pay and other terms and conditions of their contracts of employment. With the introduction of European Community law, the Equal Pay Act furthermore extend the concept of pay which no includes redundancy payments, travel concessions, employers' pension contributions and occupational pension benefits. (A Guide to the Equal Pay Act 1970 n.d.) In the same way, the Equal opportunities Commission was set up under the Sex Discrimination Act which is geared towards the eradication of all forms of discrimination, to promote equal work opportunities to people and to keep under review the Sex Discrimination Act and the Equal Pay Act. Another milestone legislation is the Employment Equality Regulations 2003. The regulation outlaw the following : Direct discrimination which treats people less favourably than others on grounds of sexual orientation or religion or belief; Indirect discrimination which applies a provision, criterion or practice which disadvantages people of a particular sexual orientation or religion or belief and which is not justified as a proportionate means of achieving a legitimate aim; Harassment where there is an unwanted conduct that violates people's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment; and Victimisation which treats people less favourably because of something they have done under or in connection with the Regulations. (Employment Equality Regulations 2003 n.d.) With the advent of innovative legislation which safeguards the rights of the people against discrimination in the work place, these legislative measures ensure the well being of the people in the work place. As such, it enables the people to fully participate in nation building to foster economic gains for the country and for them as well. The government's response via the acts of Parliament is clearly keeping up with its mandate to ensure the regulation and supervision of the workforce. This is in consonance to the highest priority wherein Parliament enacts measures that protect and enhance the right of all the people to human dignity, reduced social, economic and political inequities as well as the removal of cultural inequities by equitably distributing wealth and political power for the common good. As to the question as of whether or not legislation by itself can make no real impact on inequality and discrimination in employment. The answer is in the affirmative. Legislation by itself can make no real impact on inequality and discrimination pertaining to work related issues, unless there is an effective mechanism to implement the noble acts of parliaments to ensure the well being of the employees. Legislative measures cannot by itself implement its own provisions. It needs the effective implementation of the concerned governmental agencies tasked to put into practice the act, otherwise the efforts to combat discrimination in whatever form will be futile. Reference List A Guide to the Equal Pay Act 1970n.d. Retrieved December 7, 2006 from http://womenand equalityunit.gov.uk/pay/eq.pay-act-guide.pdf Basic Rights at Work 2006. Retrieved December 7, 2006 from http://adviceguide.org.uk/index/life/employment/basic_rights_ at_ work.htm Department of Trade and Industry Age Legislation Fact Sheet no. 1: An Overview 2006. Retrieved December 7, 2006 from http://www.dti.gov.uk/files/file29239.pdf Department of Trade and Industry Age Legislation Fact Sheet no.2: Objective Justification 2006 Retrieved December 7, 2006 from http://www.dti.gov.uk/files/file29239.pdf Disability Discrimination Act 1995. Retrieved December 7, 2006 from http://www.opsi.gov.uk/acts/acts/1995/1995050.htm Discrimination in Employment n.d. Retrieved December 6, 2006 from http://www.dti.gov.uk/employment/discrimination/index.html Employment Equality Regulations 2003 n.d. Retrieved December 6, 2006 from http://www.dti.gov.uk/employment/discrimination/emp-equality-regs-2003/Introduction/page24669.html Employment Equality Regulations 2003 -Who, Where and When n.d. Retrieved December 6, 2006 from http://www.dti.gov.uk/employment/discrimination/emp-equality-regs-2003/%20Who,%20Where%20and%20When/page24681.html Equal Opportunities Commission. Equal Pay for like Work. Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15334 Equal Opportunities Commission. Equal Pay for like Work. Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15337 Religion or Belief n.d. Retrieved December 6, 2006 from http://www.dti.gov.uk/employment/discrimination/religion-belief/index.html Pregnancy and maternity Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15353 Pregnancy and maternity Two main Acts n.d. Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15660 Pregnancy and maternity Frequently Asked Questions n.d. Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15661 Sex and Race Discrimination n.d. Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15297 Sexual Harassment 2006 Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15306 Sexual Harassment Frequently Asked Questions 2006 Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15656 Sexual Harassment What the law says. 2006 Retrieved December 6, 2006 from http://www.eoc.org.uk/Default.aspxpage=15657 Sexual Orientation n.d. Retrieved December 6, 2006 from http://www.dti.gov.uk/employment/discrimination/sexual-orientation/index.html Read More