Posts Tagged ‘discrimination in the workplace’

Protecting the Rights of Employees

September 17th, 2011

Only a few decades ago, there was little if any legal protection afforded to employees. During this period of time, employee’s treatment, whether good or bad, was at the discretion of business owners and managers. Working conditions were often poor; health and safety regulations were loose and in many cases not enforced, while the majority of workers would not be receiving any benefits, such as insurance or compensation.

With the advent of the industrial revolution which created a movement of urban sprawl, those who were residing in rural areas relocated in massive numbers to urban centres to take advantage of the emerging employment opportunities. As the numbers of workers increased due to increasing demand driving the growing economy, the conditions of the workplace declined rapidly. The government stepped in and implemented some protection for the workers, which formed the basis of modern employment law.

Employment law provides the legal framework for the treatment of employees from those charged with the responsibility for their management. Employment law clearly establishes and stipulates fair wages, acceptable working conditions and hours, treatment of employees and procedures for hiring, disciplining and releasing staff from their contracts. Employment law additionally covers against discrimination in the workplace, based on a range of circumstances including sex, age, race and religion.

Employment lawyers are experienced legal practitioners who practice in the areas of employment law. Their services are required in various forms in respect to employment cases, varying from dispute resolution to legal representation. In situations where employees feel they have been unfairly dismissed, it is important to access the correct information pertaining to your legal rights and the correct procedures that need to be taken to raise your concerns.

Unlawful or unjustified dismissal refers to the situation whereby an employee feels they have been incorrectly terminated from their position of employment; whether as a result of lack of the specified notice of termination or severance in lieu of notice, not following the correct disciplinary procedures, or in absence of evidence of the reason for dismissal. It does not matter what the reason for the dismissal is, there are certain procedures which must be followed by law. If employees feel that this procedure of employment law has not been followed or the reason for dismissal is not genuine, there may be a case for filing a grievance for unfair dismissal. If an employee finds themselves in this situation, it is imperative that they access the correct information pertaining to their rights provided under employment law.

Posted in Employment Law

Workplace Discrimination and Harassment

August 29th, 2011

The law in relation to employment protects employees against discrimination in the workplace. This can be discrimination on the grounds of sex, gender reassignment, sexual orientation, religion or belief, race, disability and membership or non-membership to a trade union. The law of employment is geared towards achieving equality within the workplace and eliminating unfavourable treatment on the grounds mentioned above. Harassment is very much linked to discrimination in the workplace and can take different forms. For example, sexual harassment in the workplace is defined as the unwanted conduct of a sexual nature or other conduct based on sex which affects the dignity of an employee. Harassment can also occur if an employee is victimised or singled out for exceptional treatment because of their sex, race, disability or union/non-union membership.

There is legislation that has been put in place which makes it unlawful for employers to treat workers less favourably than others because of their sex or marital status. Employees are eligible for protection by the law through every stage of employment, including the recruitment and dismissal stage. This protection is against both direct discrimination and indirect discrimination towards an employee.

If an employee is registered disabled, employers have an obligation to take reasonable steps to make reasonable adjustments to prevent a disabled person from being made to feel like they are at a disadvantage. The law has put in place legislation that prohibits unlawful discrimination against a disabled person in employment and defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry on normal day-to-day activities.

Harassment is defined as any unwanted conduct which is objectionable and causes offence to the victim. It can come in the forms of verbal and non-verbal harassment, the latter including exposure to materials which are offensive to an employee. If exposure to these materials are particularly offensive and relate to sex, race, age, sexual orientation, religion, belief or disability, then it can automatically be form of harassment or discrimination.

Harassment can be found in the form of victimisation which is used in discrimination law to describe what action has been taken by an employer against an employee which has led to retaliation for initiating complaint proceedings. This could include a refusal to promote an employee because he or she had brought about a grievance or for giving evidence against the employer at an employment tribunal. It can also be evident after employment has finished, where for example an employer refuses to give a former employee a reference after tribunal proceedings have begun. An employee whom is a victim of victimisation should make a claim to the employment tribunal within 3 months of the event.

Posted in Employment Case