2.1 Identify the main principles of discrimination law in recruitment and selection and in employment.
Fixed Term Contracts - Employment Act 2002.
Work eligibility.
Protection of Freedoms Act 2012 (regulated activities adult/children).
Rehabilitation of Offenders Act 1974 (employing ex-offenders).
Immigration, Asylum and Nationality Act 2006
Principles of discrimination law
Direct Indirect By association
Equality Act 2010
Direct discrimination performs when someone is treated less favourably than another individual.
Employment Rights Act 1996
Indirect discrimination arises when it is a condition, rule, policy, or even a practice in organisation that applies to everyone but especially disadvantages individuals who share
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• Hours of work etc.
Management provides everyone opportunity for promotion, training and development.
Equality Act 2010.
Example, the management has to consider every individual suitable for a promotion, training, development and etc.
Consequences of non-compliance tribunal
An employer who, fails to record a material fact, such as, correct or exact reason for a dismissal, might be find that a tribunal will considers this an unreasonable failure to follow the code. The reason is, if important information is wrong, succeeding processes that are based on it can be incorrect.
Hinder organisation’s reputation
A company's reputation is one of its biggest and most important assets in business and for organisation.
After public relations disaster, the reputation of an organisation has worked carefully to build so all of it can easily be destroyed.
2.2 Explain how contracts of employment are established
Contract of Employment
• Contracts are formed through an offer and acceptance.
Express Verbal Terms:
What has been promised during the
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These are not specifically or clearly stated because, in the main, they are fairly obvious to both parties to the contract.
Express terms a contract must contain: • Agreement.
• Consideration.
• Salary.
• Starting date.
• Hours of work etc.
Document contractual in nature:
Offer letter job offers via email or in writing, depending on company policy and how the company handles hiring. Offer is made via the phone or email, will be followed by a formal job offer letter, which confirms the details of the offer of employment including some or all of the following:
• Job description.
• Salary.
• Benefits.
• Paid time-off.
• Work schedule.
• Reporting structure etc.
The candidate has right to accept the job offer, they will sign and return the letter as a formal acceptance.
An employee handbook is a book given to workforces by an employer, holding information about company policies and procedures.
Promises made verbally during an interview, or when a contract is changed, is known as collateral warranties, and is binding in addition to the signed contract. When a written offer is made, it is sensible to specify that the only terms applying to the employment relationship what is in written offer, replacing any other agreement between the
The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.
Issue #1: May the roommate be considered a keeper or harborer of the dog, when she cared for and lived with the dog that bit her finger, causing her to receive eight stitches? Issue #2: Was the roommate teasing, tormenting, or abusing the dog when she struck it with her shoe, right before the dog lunged at her shoe and mistakenly bit her finger, causing her to receive eight stitches?
Benefits for employees are key to the worker’s future or retirement. Benefits are also another reason why many people choose to work at that specific place of profession. Employees with families have to look for the benefits to help with their children’s future and health. An excellent example of a workplace with employee benefits is Costco. Costco employee’s starting pay is $11.50 an hour.
The FMLA law stands for the Family and Medical Leave Act of 1993. This law helps cover some aspects of employee sick leave, what type of leave the employee is entitled to, and what laws and regulations that the employer should follow with all of its employees. This act helps employees by giving them all the way up to 12 weeks of unpaid sick leave for their own serious health problems/illnesses, the adoption or birth of a child, and/or to care for an ill child, spouse, or parent. This part of the act stipulates that any business with 50 or more employees must provide this service to all employees who qualify. In certain cases, the employer also has the right to utilize the qualifying employee 's paid annual or sick leave as a part of the whole
130). The notion of unlawful employment practices encircles those activities which cause an adverse effect on members of a protected class. Certain practices, widely known as ‘disparate treatment’, imply treatment of some employees or candidates in a different way, such as requiring women to pass a driving test prior to applying for a job, but nor requiring men to pass the test when they apply for the same job. It is extremely important to note that practices which make a disparate impact on members of protected classes may be viewed as fair in the eyes of employers, but entail detrimental influence on members of protected classes.
All these benefits to the employee could cause employers to look at FMLA in a negative light. However, with some creativity and resourcefulness the once negative employee support tool can become strength of the department. Cost and liability are the major concerns of the employer immediately with regards to FMLA. Cost is listed first, for the reason that the route of all decisions is “how much will it cost?” This question is heard all too often and is on the forefront of every manager’s mind.
The Equal employment opportunity act 1984 was passed through the Western Australian parliament in 1984 with the purpose of eliminating discrimination and promoting recognition and acceptance of men and women in the workplace. Some of the ways people can be discriminated against are due to sex, race, religion and age. During recruitment for example, employment should be awarded to the best candidate for the position and not because of sex, race, religion or age to name a few. When working we need to respect and accept our colleagues individuality's and treat them in a fair and professional way, treating them how we wish to be treated. If during employment an employee feels they have been treated less favourably then this can be grounds for a complaint to be made.
Unit 7 1.2 Describe ways in which discrimination may deliberately or inadvertently occur in the work setting- Discrimination could occur in a workplace at any time and could be to do with someone’s race, gender, age, disability or sexuality. This could mean that a police or procedure is set in place and is meant to equally refer to all staff working in the setting. This means that if a police or procedure is made clearly to everyone and is equal and not everybody is able to deal with a procedure then this means that they have ben discriminated. Be able to work in an inclusive way 2.1 Identify which legislation and codes of practice relating to equality, diversity and discrimination apply to own role- When working in a childcare setting, all legislation and codes will apply to everyone, this is to make sure that staff understand the Importance of dealing with each situation.
This is not necessarily standard, but it may be able to be negotiated in some cases. • The other terms may be negotiable as well. Each topic—the length of time, the geographic scope, the compensation, and the defined competition—might be a negotiating point that makes the agreement more palatable. Employees may also try to negotiate that the agreement should be voided if the employee is terminated, thus reducing the risk.
Another example is The Race Relations (Amendment) Act 2000 which protects racial equality and ensures that no person is discriminated against on the grounds of their race. It aims to promote good relations between people of different ethnic backgrounds. A final example is The Human Rights Act 1998 that covers all human rights and ensures that all individuals have rights on their side and can take legal action against any person or organisation that disrespects their human rights. These three example all help to protect individuals from discrimination and reflects the idea that everyone, regardless of individual differences should be treated both fairly and equally.
Many people are confused by whether they have a worker's compensation case or a typical personal injury/negligence claim. However, most clients are unaware that sometimes you can actually have both. Under Florida Statute 440.39, entitled "Compensation for injuries when third persons are liable" If an employee, subject to the provisions of the Workers' Compensation Law, is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee's dependents may accept compensation benefits under the provisions of this law, and at the same time such injured employee or his or her dependents or personal representatives may pursue
During an interview, employers are searching for those who can accomplish the daily tasks that are required of the applicant. However, the most important thought shared between the employer and the job candidate is the money. One is thinking “How much do I have to pay out to have him/her on board?” while the other is wondering “How much am I going to receive?”
Benoit defines image restoration theory as strategies used to mitigate image damage following a threat to a reputation (organizational or personal) (Blosenhauer, 2014). As we know that, image is possible a very important concern nowadays. Thus, when reputation is threatened especially during crisis happens, individuals and organizations are encouraged to justify themselves to the attack. Organization works on effort to ensure that crises are anticipated, managed, and evaluated effectively and efficiency before any unfavorable impression is formed.
When it comes to equal opportunities in the matter of employment, article 16 says that there cannot be any discrimination based on
In a company Human Resource is a very important part of the strategic plan. The HR department is the go-to when a company decides how to approach a problem or gain Ideas. If there needs to be hiring, the HR department will take care of it. They will provide the proper training and tools to achieve the organizations goals. There must be a strategic plan put in place that way everyone is on the same page internally within the company to be successful outside of the company.