Employment Law intro Flashcards
Era 1996=
Consolidating act & unified - UD industrial relation
RO - redundancy payments act 1965
Quiz q - what did we agree in tp1
A consolidating act - is so called prior to its enactment , each type of claim in that area of law was covered by its own act
But what act United the separate acts for each type of discrimination such as the
Sex discrim act 1925
Race relations act 1976
Disability discrim act 1995
Equality act 2010 replaced which acts?
Sex discrim act 1925
Race relations act 1976
Disability discrim act 1995
Equal pay act
Also replaced?
Regulations concerned with stoppping discrim on the groined of age , religion or belief and sexual discrim
What does ea also do
Protects people from discrim is assoc with someone who has 1 I’d pcharc ( worker cares for disabled child) & protecred by the perception - discrim rah even if not
Act also do 3
Protects people from discrim in relation 2 9 protected characreeiscs
Act also 4
Tries to reconcile potential conflict btw protecting rel- and protecred les gah transgender form such discrim
How do we satisfy def of discrim against someone if we treat them less favorably in respect of 1 or more of a list of 9 aspect
Q is what is less favorable treatment
What is the answer to that
Less fav = prohib conduct
What are the 9 aspects known as
Protecred characteristics
For which 1 of the following reasons can we bring a discrim claim
Our looks including our size
Our age
Our personality
Our age
How many of ouch can we name
Age Disability Gender reassignment Marriage and civil o Pregnancy and maternity Race Religion or belief Sex and sexual orientation
Discover in lec- a certain period of ce is not an eligibility req to claim discrim spans with wrongful dismissal -
We can bring a discrim claim on our 1 st day st work but can we bring a discrim claim
Before our employment has begun
After our emolument has ended
What about this?
You can bring claim 1st day of work for discrim not ce- yes to both
When might we bring claim b4
If for e.g we believe the reason we were unsuccessful in our job aopl is be the job adv made it clear the employee wanted someone of a diff gender
What is meant if we might bring after employment ended
Eg we feel we have been unsuccessful in our search ofr a new job bc our previous employer has written ya terrible reference bc our religious beliefs
If acting for an employer we should?
Advise it to be extemely careful about the wording it chooses for job ads
What does act 5 say
Employer should also be careful about where it places a job ad
What about this act
On the many potential pitfalls employers fade when conducting apparently straightforward task of writing and placing job ad
We hVe to decide on which of 9 pchs listed in?
S4 ea on unsuccessful application for the job might base a claim
What 1st?
The employer publishes a job as on social media asking for dynamic and energetic individuals to apply
The employer publishes a job as on social media asking for dynamic and energetic individuals to apply what is the answer to this
Older people - bring claim- age
- less likely to look on social m than younger
- argue req 4 applicants to be dynamic and energ could be perceived old people may as well not apply
The employer pubclishes a job ad stating that applicants below 6ft talk need to apply
- height not amongst 9 pcs listed in s4 ea
- females might bring claim based on och of sex
-star show up 6ft than females
Females could inspects as indies fly admitting make applicants preferred
