| School | Law |
|---|---|
| Module Title | Employment Law |
| Module Code | LAW 7014-B |
| LO1A | Explain the core principles that underpin employment law as it applies in the UK. |
| LO1B | Critically consider the likely future progress of employment law in the light of its past development. |
| LO1C | Evaluate the formation, operation and termination of employment contracts in a variety of situations. |
| LO2A | Apply your knowledge of employment law to solve practical problems and scenarios and advise colleagues as to the implications of legal developments, appropriate action, and organizational response. |
| LO2B | Carry out in depth legal research on issues relevant to employment law. |
| LO3A | Present your work to an acceptable academic standard in writing. |
| LO3B | Write appropriately for a variety of different target groups. |
Question A (2300 words – 70%)
Critically evaluate the protection of employees in any of the following areas of employment law giving an overview, rationale for the legal provisions and possible reforms if applicable. Your answer should refer to case laws, statutes, and scholarly writings.
- Working time regulation
- Sex discrimination
- Disability discrimination
- Health and Safety
Question B (700 words – 30%)
Kayla Iman is employed as a personal assistant to the managing director of Century Holdings Ltd, a medium-sized business, Jason Ward. Her income is quite substantial, having been personally chosen by Mr. Ward when temping at the company six years ago on the company’s quota for representation of ethnic minorities in the work force. Kayla, however, has some concerns about the way she is being treated.
On several occasions Mr. Ward has asked her humiliating personal questions in front of groups of male colleagues including degrading comments about her race and professional capabilities. He has sent her several personal messages with emojis widely understood to represent sexual innuendos. He frequently requires her to work long hours, refusing to allow her to leave the office before him in the evenings. Her workload has increased steadily throughout her time at the company so that she is now regularly working for sixty hours a week. Whenever she complains and asks for assistance, promises are made about future increased staffing levels, but no assistant is ever appointed. In recent months Kayla has become depressed due to the pressure of her work and especially its impact on her family time. She has been prescribed medication by her doctor. She has continued to work while taking these drugs.
Advise Kayla about her legal position utilizing case law, statutes, and scholarly materials.
Answer: Sex Discrimination
Question A
Introduction
Employment law embodies the broad spectrum of rules and laws established to supervise the discussions and rights between employers and employees in workplaces. Specifically, sex discrimination which is considered one of the most vital components of the employment law gains increased importance1. As a result of the gender equality quest, sex discrimination law is a tool to prevent discrimination and to make sure that members of both sexes get an equal chance in the workplace. Today, sex discrimination continues to be a significant problem in employment practices since organisations involve themself in activities focused on the creation of a democratic and equitable environment in the workplace2. It can be seen that sex discrimination law plays a critical role which extends from hiring and promotion decisions to issues like harassment and unequal pay. It creates an impact on almost every area of the employment relationship. Through the study of the legal provisions pertinent to sex discrimination, we will see the difficulties associated with the realisation of the full potential of employees, employers and the entire workforce in the area of diversity, equality and respect3.
Overview of Legal Provisions
The Equality Act is based on such legislation as statutes, regulations, and court decisions that were adopted to deal with gender-based discrimination and to promote a more gender-equitable workplace. The Equality Act 2010 which was passed in the United Kingdom is one of the major laws that constructs a uniformity that covers and harmonises all the other anti-discrimination legislative frameworks. According to the Equal Pay Act, workers cannot be discriminated against on the grounds of sex in various employment sectors such as recruitment, working environments, promotions, training, and dismissals.
