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Employment Law Assessment Notes

First Page – Last Two Paragraphs –

1. Explain what is meant by discrimination – direct discrimination- Because of the protected characteristics
2. Equality Act 2010 – Sex and Age discrimination
3. Explain Protected Characteristics
4. The burden of proof – what defence do they have? (None)
a. 3rd party pressures?
b. Customer needs?
Cannot be justified
6. Case Law – 3rd party and pressure to dismiss

Second Page –

First paragraph (Third sentence down)
1. Race discrimination
2. Indirect – they are rejecting him because he cannot write English – therefore making assumptions. So can it be objectively justified? In some case.
Second paragraph
1. Direct Age discrimination
2. Talk about the Seldon Case
3. Associative discrimination – Coleman V Attridge- Recruiters made the assumption for disability no requirement for reasonable adjustments
4. Hainsworth V Ministry of Defence

Third Paragraph

1. Catalyst for others to be prompted to ask questions
2. No robust process
3. It can undermine his ability
4. Moral issues

* Point 1:

1. Contractual: Terms and conditions changes
2. Breach of contract
3. Unlawful deduction to wages if not agreed
4. Cannot be enforced if people do not agree
5. Minimum wage issue
6. Holiday pay
7. Working time issue – not enough breaks by trying to get extra earning and contract change
8. No process/consultation
9. Rely in Business case – why are they making changes
10. Termination and re-offer / unfair dismissal
11. The potential for PI (Personal Injury) /stress
12. Variation of Clauses in Contract? This has to be specific and unambiguous –Norman v National Audit Office – any incentive to make this attractive

* Point 2:

1. Unfair dismissal and Employment Rights Acts

* Point 3:

1. Indirect discrimination for disability as Obesity can cause impairment
2. Section 98 (S98) fair reason for dismissal – Capability/conduct but has to comply with Acas code of conduct
3. Human Rights Act – Privacy – Breach of privacy
4. How can it be connected to the job
5. Sensitive and personal information – what basis- contradictory to the lifestyle
When explaining concepts state if case law to back up or not

Places to look for information:

Ministry of Law

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