- Case StudyHelp.com
- Sample Questions
Looking for help with an employment law assignment on a case study ?
First page – last two paragraphs –
- Explain what is meant by discrimination – direct discrimination- Because of the protected characteristics
- Equality Act 2010 – Sex and Age discrimination
- Explain Protected Characteristics
- Burden of proof – what defence do they have? (None)
5.
- 3rd party pressures?
- Customer needs?
Cannot be justified
- Case Law – 3rd party and pressure to dismiss
Second Page –
First paragraph (Third sentence down)
- Race discrimination
- Indirect – they are rejecting him because he cannot write English – therefore making assumptions. So can it be objectively justified? In some case.
Second paragraph
- Direct Age discrimination
- Talk about the Seldon Case
- Associative discrimination – Coleman V Attridge- Recruiters made the assumption for disability no requirement for reasonable adjustments
- Hainsworth V Ministry of Defence
Third Paragraph
- Catalyst for others to be prompted to ask questions
- No robust process
- It can undermine his ability
- Moral issues
* Point 1:
- Contractual: Terms and conditions changes
- Breach of contract
- Unlawful deduction to wages if not agreed
- Cannot be enforced if people do not agree
- Minimum wage issue
- Holiday pay
- Working time issue – not enough breaks by trying to get extra earning and contract change
- No process/consultation
- Rely in Business case – why are they making changes
- Termination and re offer / unfair dismissal
- Potential for PI (personal Injury) /stress
- 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:
- Unfair dismissal and Employment Rights Acts
* Point 3:
- Indirect discrimination for disability as Obesity can cause disability
- Section 98 (S98) fair reason for dismissal – Capability/conduct but has to comply with Acas code of conduct
- Human Rights Act – Privacy – Breach of privacy
- How can it be connected to the job
- Sensitive and personal information – what basis- contradictory to the life style
When explaining concepts state if case law to back up or not
Places to look for information:
ACAS
Gov.UK
Wikipedia
Legislation
Ministry of Law
Words 3000+/-