A2.7 Explain the principles of employment and discrimination law as it affects health and safety issues.

Question 1

What is the definition of ‘dismissal’?

and ‘unfair dismissal’

Answer 1

Dismissal occurs when the:

• employer terminates the employee’s contract, with or without notice
• contract is terminated by the employee, who resigns because of the employer’s behavior
• unfair dismissal concerns whether or not the decision to dismiss can be justified by the reasons given by the decision, and the manner in which the dismissal is handled.

Question 2

What are the three remedies for unfair dismissal?

Answer 2

• reinstatement - employee treated as if the dismissal had not occurred
• re-engagement- employee to be reemployed but not necessarily in the same role on the same conditions of employment
• compensation - some compensation for loss of earnings may also be awarded.

Question 3

What is the employment rights act 1996?

Answer 3

this protects all employees (including safety reps) from being dismissed for performing their functions and also makes it unfair to treat employees detrimentally (victimize) on health and safety grounds.

states that employees are entitled not to be victimized for the following:

• carrying out H&S duties
• performing the function of a rep
• having left or proposed to leave or refused to return their place of work on H&S grounds
• taking or proposing to take appropriate steps to protect themselves or others from danger

Question 4

What is the equality act 2010?

Answer 4

• consolidated a range of earlier provisions
• concerns; sex discrimination, employment equality, race relations, disability discrimination, sexual orientation, religious beliefs, marital status, pregnancy., all of which are called ‘protected characteristics’.

Question 5

What are the four forms of discrimination?

Answer 5

• direct discrimination (discriminated against for one of the protected characteristics’
• discrimination by association - associated with someone who has one of the protected characteristics
• perception discrimination - direct discrimination because others perceive them to have one of the protected characteristics, even if they do not.
• indirect discrimination - when a rule applies to everyone but particularly disadvantages someone who has a protected characteristic.

Question 6

How does the equality Act 2010 relate to H&S at work?

Answer 6

• DISABILITY - the act requires employers to make reasonable adjustments for staff to help them overcome any disadvantage resulting from impairment.
• PRE-EMPLOYMENT HEALTH CHECKS - the act limits the extent to which health-related questions may be asked before an individual has been offered a job.

these questions can only be asked if:

• any reasonable adjustments need to be made
• to decide whether the applicant can actually carry out the job eg manual handling
• monitor diversity among applicants
• take positive action to assist disabled people