Employmen Equality Acts 1998 - 2015 Flashcards
Discrimination
Discrimination occurs when one person is treated less favourably than another is, has been or would be treated in a comparable situation.
The act applies to temporary, full time and part time employees in public and private sectors. It also applies to equal pay, training and promotion
Employment discrimination
An employee is said to be discriminated against if he or she is treated in a less favourable way than another person is, has been or would be treated in a comparable situation on any of the 9 distinct grounds listed: age, gender, disability, sexual orientation, membership of the traveller community, family status, civil status, race and religious beliefs.
Resolving complaints of discrimination
Employees who believe that they have been discriminated against may use non - legislative or legislative means to resolve these issues
Non legislative
A meeting is arranged between management and the employee to discuss the employees complaint about workplace discrimination
The employee may bring the shop steward or union member for support to this meeting
The employee outlines their complaint to management and both parties try to solve the problem internally.
Legislative
If an employee feels that he/she has been the victim of workplace discrimination, they can take the case against the employer to the adjudication officer at the WRC. He/she must do so within 6 months of the discrimination.
Mediation
If an employee cannot resolve the issue of discrimination with the employer, they can take to the WRC and request mediation. The equality mediator is appointed by the WRC. The aim of mediation is to try to get both parties to reach a mutually acceptable solution. The solution is recorded in writing, signed by both parties and becomes legally binding. Both sides must keep the terms of agreement. The mediation is held in private and the agreement is not public.
Adjudication
Unsuccessful mediation is referred to an adjudication officer. The adjudication officer hears the case and makes a legally binding decision on the dispute. If discrimination is proved, the adjudication officer can order the employer to: pay compensation to the employee, provide equal pay and treatment, take a specific course of action to prevent discrimination occurring again.
Evaluation of the employment equality act 1998 - 2015
In my opinion this act does a good job of protecting employees because this law through positive action, deliberately sets out to help people who have been victims of clearly defined discrimination. It attempts to right the wrongs done to them.
