Business management - labour law Essay Example | Topics and Well Written Essays - 2500 words

Business management - labour law - Essay Example Discrimination in the workplace is regarded as unlawful in the eyes of law on the following grounds: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race, caste, ethnicity, national origin or skin colour; religion or belief; sex; sexual orientation; part-time work; fixed-term work; trade union membership or activities. The Equality Act 2010 seeks to protect the employees from various types of discrimination which is rampant at the workplace. This includes: direct discrimination, indirect discrimination, harassment as well as victimization. However, in order to further strengthen the law against discriminatory practices in employment, and widen its scope, a new type of discrimination viz-a-viz dual discrimination has been added by way of section 14 (Hepple, et al., 2000). According to section 14 of Equality Act 2010: Combined discrimination: dual characteristics (1) A person (A) discriminates against another (B) if, because of a combinati on of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics (Legislation.gov.uk, 2011). According to this newly introduced law, discrimination claims can now be brought in relation to a combination of two protected characteristics: which includes - age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation (Legislation.gov.uk, 2011). Currently the law only allows for claims of discrimination to be filed in only one particular category of discrimination such as gender or race, but the new law i.e. dual discrimination, seeks to widen this scope to include two of the listed forms of discrimination. For instance earlier, black women victims of discrimination could only claim discrimination on the basis of either race or gender but with the introduction of section 14, they can now claim discrimination on the grounds of both race as well as gender. Further more, the new provision has opened avenues for victims of workplace discrimination, where it was impossible for them to file such a claim under the previous law. A black woman was discriminated against on the grounds of race and gender could not claim discrimination if the employer hired a black man and a white woman for the same job. However, section 14 which allows the victims to claim dual discrimination can now effectively do so, by demonstrating that they have been subjected to less favourable treatment on the basis of their race as well as gender, citing the previous example. Brief Overview: The Equality Act 2010 is a result of efforts put in by the Labour Government as well as the active campaigning by various Human Rights group seeking for prevention of discriminatory work practices in employment. The act is currently applicable across Great Britain i.e. England, Scotland, and Wales and is not applicable in Ireland. The fundamental aim of this act is to adopt an inclusive ou tlook towards key issues enforced under one single commission. This is achieved by clarifying various definitions of discrimination, as explained under the act and applies them in accordance with the respective protected characteristics. The introduction of a new section under this act has led to an expansion of duties of the public