Another asked about issues related to switching their employees from a 5-day work week to a 4-day week and the process for implementing this change. This right only arises however if the employee has been in continuous employment with their employer for at least two years (ERA 1996, s 108). The position in respect of Mark is slightly less complicated, in that he will attempt to rely on the protected characteristic of race (EA 2010, s9 ) in order to bring a claim. © Roseanne Russell, Richard Benny, Michael Jefferson, Malcolm Sargeant 2017. She wanted to know whether her employer was within its rights and what her options were. Discrimination: the protected characteristics Chapter 5. Skills for success in coursework assessments. Each book includes typical questions, bullet-pointed answer plans, suggested answers, author commentary and illustrative diagrams and flowcharts. Do You Have a China Company? There are two potential issues that rise out of the treatment that resulted in Jacob’s dismissal. I.e. In this respect, it was held in Treganowan v Robert Knee & Co Ltd (1975) that a clash or personality between individuals could be considered some other substantial reason for these purposes. All the people referenced below have applied for jobs working as cashiers or customer service associates helping people find the clothes they are looking for. I want the employees in my stores to be attractive so that customers want to shop there. Company Registration No: 4964706. All Rights Reserved. Chapter 01. It addresses a wide range of employment law topics … Nick has worked for the firm for 12 years and has become increasingly fat. © Oxford University Press, 2018. If you have time, it may be worth making the point that a particular area of the law you are discussing is problematic, and briefly stating why, but if you are addressing all the issues raised in the problem you are unlikely to have much time for this. Two months ago he was away on business with Becca, a senior manager from a different division. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. Therefore, if she is being treated less favourably because of this protected characteristic, she will be being discriminated against. Chapter 02. Statutory employment protection and related contractual issues, 8. There is no apparent concern in respect of these initial four reasons being relevant to Jacob’s dismissal. We will be telling you what works and what does not and what you as a businessperson can do to use the law to your advantage. She is a native Beijinger who has studied and lived in the United States for many years. In the course of reviewing files he was given, he has discovered that some of the employees who provide consultancy for overseas clients have been paying and receiving bribes. © 2003-2020 Chegg Inc. All rights reserved. Working time Chapter 8. trade unions, Roseanne Russell, If so, which one? In this case, the applicant is 55 years h. Back Employment Law Problem I am interviewing people for jobs at my men's clothing store chain called Dapper Dan's. I am a California exempt retail employee. The method by which the EA 2010 deals with employment matters is slightly convoluted in that the starting point is that an employer is forbidden to discriminate against an employee by dismissing them (EA 2010, s 39(2)(c)). The issue in respect of Gerry does not, on the face of it, fall within the category of issues that relate to receipt of detrimental treatment by an employer. Pay Chapter 4. As a result, we constantly receive emails from both employees and employers whose questions often involve employees who face termination or have disputes with their employers, or employers having a hard time understanding China’s employment laws. By contrast, claims under the EA 2010 are not limited in this respect and Jacob may be able to recover, in addition to any pecuniary loss suffered, sums in respect of any injury to feelings that the discrimination caused (Marshall v Southampton and South West Hampshire Area Health Authority (1986)). I do not offer a job to a 24 year old man because I think he is too young to be a responsible employee. Ask an employment law attorney . Do you have a 2:1 degree or higher? Working out of Seattle and Beijing, Grace is Harris Bricken’s lead attorney on China labor and employment law matters and the author of a book, the China Employment Law Guide. Our deep knowledge of China’s legal system, culture, and business climate make our China practice one of the most sophisticated in the US. Dunnachie v Kingston-upon-Hull City Council [2004] UKHL 36, FOA, acting on behalf of Karsten Kaltoft v Billund Kommune [2015] IRLR 146 ECJ, Iceland Frozen Foods Ltd v Jones [1983] ICR 17, Marshall v Southampton and South West Hampshire Area Health Authority [1986] QB 401, North West Thames RHA v Noone (No 2) [1988] ICR 813, R (on the application of E) v JFS Governing Body [2009] UKSC 15, Treganowan v Robert Knee & Co Ltd [1975] ICR 405, Vaughan v London Borough of Lewisham & ors UKEAT/0534/12/SM, Harvey on Industrial Relations and Employment Law (Lexis Library), Other sources considered but not directly cited, Emir, A (2014) Selwyn’s Law of Employment 18th edition Oxford: Oxford University Press, Pitt, G (2011) Employment Law 8th editionn London: Sweet & Maxwell, Sweet & Maxwell’s Encyclopedia of Employment Law (Westlaw), Tolley’s Discrimination in Employment Law Handbook (Lexis Library), Tolley’s Employment Law Service (LexisLibrary).
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