MANAGERIAL LAW

Managerial Law



Managerial Law

Introduction

This paper will compile a report from the viewpoint of the Sales Director for Apex Products Limited, a medium size manufacturing and retail company. The paper will assume that the Sales Director has knowledge of business law. The directors of Apex wish Sales Directors to provide them with a report, to be considered at their next meeting, on the following matters.

Case 1: Explain the nature of the 'protected characteristics' under the Equality Act 2010. In addition, give details of the types of conduct which are unlawful discrimination, considering applicable exceptions.

The Equality Act 2010 passed by UK parliament contains both specific and general duties. The duties which fall under general category clearly define that a public office holder or authority must, in accordance with his duties, have due regard to the need to:-

Eliminate harassment, victimization and discrimination and any other behavior that is prohibited under or by the Equality Act 2010;

Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

Promote strong relations between people who share a related protected characteristic and persons who do not share it. (The relevant protected characteristics are: gender, disability, age, reassignment maternity and pregnancy, race, religion or belief, sex and sexual orientation) (Duggan 2010, pp. 45-63).

Background of the Act

Legal experts have warned that the Government's late issue of guidance on the Equality Act only a week before it is implemented, causing could cause confusion. The Equality Act 2010 comes into force on 1 October. It rationalizes and codifies a range of employment regulations and introduces new responsibilities on employers. The commencement order issued this week has indicated that acts of discrimination that were carried out before 1 October 2010 will continue to be dealt with under the old laws (Wadham 2010, pp. 84-136). Those that continue after 1 October will be heard using the new rules.

Employees who wish to raise complaints that are covered under both the existing laws and as part of the new Act, will have to submit claims under both the old and the new law. Guidance for employment tribunals to help them determine whether or not an employee is disabled has not yet been finalized (Wadham 2010, pp. 84-136).

Equality Act 2010: Quick Guide to changes in legislation

Changes is disability discrimination

There are several changes to current disability discrimination legislation.

Direct discrimination has a new definition i.e. less favourable treatment “because of” the protected characteristic of disability. This is wide enough to cover discrimination by association.

The Act introduces a new form of disability discrimination - discrimination “arising from” a disability. This dispenses with any need for a comparator. It only requires that the claimant has been treated “unfavourably because of something arising in consequence” of his or her disability. For this type of discrimination to occur, the employer has to know, or reasonably be expected to know, that the employee has the disability in question.

To receive protection from disability discrimination, an employee must show that he has a physical or mental impairment ...