MANAGERIAL LAW

Managerial Law

Managerial Law

Task 1

At present, training opportunities are only offered to white males in SCFabrics Ltd., as the directors believe that these employees are more likely to remain with the company in the future. They additionally refuse to allow employees to take leave for religious festivals. Give your legal opinion.

In this case, the SCFabrics Ltd are portraying the discrimination against their employees. The act of Employment Equality law applies here. United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labor law, it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services or premises in addition to employment. This follows three crucial European Union Directives and is a supplement by other Acts like the Protection from Harassment Act 1997 (Ladou 2008, 12).

"Indirect discrimination" is also unlawful, and this exists when an employer applies a policy to their workplace that affects everyone equally, but it has a disparate impact on a greater proportion of people of one group with a protected characteristic than another, and there is no good business justification for that practice. Any dismissal because of discrimination is automatically unfair and entitles a person to claim under the Employment Rights Act 1996 section 94 no matter how long they have worked. The other workers can easily claim under this act against the company. The company has no right to stop the other employees from training just because of their color.

The factory has a retail outlet for the public for only women are employed in the female clothing section. Any new job advertisement is restricted to women. John is an applicant with many years experience in the fabrics retailing world. SCFabrics refuses to interview him stating that the job is restricted to female applicants only. Give your legal opinion.

As per the Employment Equality Law, the company can discriminate against gender for the job. If John has an experience of many years in the same filed as the requirement of the job, but the company needs a female employee as it is a female clothing section, the company has the right to refuse him (Schut 2005, 59). According to the law, in an "occupational requirement" direct discrimination is lawful, so that for instance, an employer could refuse to hire a male actor to play a female role in a play where that is indispensable for the job. Therefore, the company can refuse John as they require a female for that job.

Discrimination in hiring is prohibited by law. However, if the job requirement specifically asks for one gender then refusing the other gender to apply can be lawful. SCFabrics requires an employee in the female clothing ...