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unit 4 seminar notes and practise questions
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seminar notes on employment law unit 4 with practise answers
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UNIT 4 WEEKEND QUESTIONSQuestion 1 – Discrimination
You are a solicitor. Your clients are Norwich & Chance Solicitors. Eric, the
Senior Partner, comes to visit you at your office. He is concerned about a
number of incidents involving employees which have occurred within the
past month and wishes to seek your advice. The details of these are as
follows:
a. Adam had far too much to drink at this year’s annual party.
The party was held in a local hotel on a Saturday night and
during the course of the evening Adam groped a female
member of staff. In his defence, Adam stated that she was
wearing very provocative clothing.
- Sexual harassment – s 26 EA 2010 (direct)
- She can bring a claim. It was a one-off incident, but it was sufficiently serious enough
- Close proximity with the work environment – vicarious liability?
- Her dress shouldn’t give rise to any type of harassment – position from Wileman
1998 wouldn’t apply in 2023
b. That same night Bill decided to do an impromptu comedy
routine and made a number of racist jokes about which
numerous employees complained. When questioned by his
line manager the following Monday, Bill stated that he was
only being funny and never intended to offend anyone.
- A direct discrimination claim cannot be justified – no defense
- Indirect discrimination – group of people –
- Mandala case
, c. Claire, who has a 2 year old disabled son, was refused the
chance to work flexibly. Her boss told her that she “already
spent enough time missing work because of that f******
child”.
- Direct discrimination – associative discrimination – picking at her because of her
child.
- S21 & s20
- Has it been to the employer’s knowledge?
- Reasonable adjustments
d. Dahab, who wears a headscarf for religious reasons, was
turned down for promotion to the post of receptionist. When
Dahab asked for an explanation, her boss stated that her
headscarf contravened the specified dress code for
receptionists
Advise Eric as to Norwich & Chance’s potential liability under
existing discrimination legislation in relation to the above incidents.
- indirect discrimination – religion s10 EA 2010
Reading:
Smith & Woods (by Smith & Baker) section on “Discrimination in
Employment”
Question 2 – Discrimination
You work for CFA Solicitors in their Employment department. The
following three individuals have recently approached your office about the
possibility of commencing legal action. Advise each individual as to their
rights, if any, in discrimination law:-
-
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