CASE STUDY

Case Study

Case Study

Introduction

This case is based on the Mexican restaurant in Islington. Employees working there are mostly Mexicans except one, named Sarah. Sarah got hired as kitchen porter and later on got promoted to waiter position. Soon after becoming waiter, issue rises, regarding her language. She was unable to speak Spanish properly due to which problems regarding customer orders as they were raising due to lack of understanding and other employees in restaurant also complained about her religion and work. Later on, she was asked to leave as there was no vacant position in the kitchen, and management was not satisfied with her work as a waiter.

Issue

The major issue that was behind the Sarah termination was the language, as well as race and religion. This shows the termination was solely based on the discrimination, which is somehow against employment law.

Equality Act 2010

According to the Equality Act 2010, the authorities should create conditions for equality in all areas of society. This Act aims to promote gender equality and the advancement of women in particular. Women and men should be accorded equal opportunities in working life, education and professional growth in culture, whereas Sarah was discriminated, whether consciously or unconsciously. This law was formerly known as Discrimination Act. Rodriguez cannot terminate Sarah because it is her employment right to be part of that cafe. Applicant vacancy, if rejected has the right to require the employer a written explanation of what education, experience and other professional qualifications got confirmed in the position of the applicant received the opposite sex.

Employment Rights Act 1996 (ERA)

The Employment Rights Act 1996 (ERA) got originally approved by the Conservative government in 1996. It consolidated a number of previous laws dating from the Employment Contracts Act 1963. These are rights that most employees can get when the work, including termination, reasonable notice prior to departure, time of parental rights, redundancy, and much more. It has also been substantially amended by the Labour government since 1997, for example, to include the right to request flexible working time (Pitt, 1997: 29-57). In this case, Rodriguez had no right to fire Woods on the basis of race because no employment act permits to fire an employee on this basis.

Fair dismissal

Fair reasons for dismissing an employee if

Refers to the ability or the employee's qualifications for the job of the class who got hired by the employer.

That the employee was redundant.

Refers to the ...