Employment Law Quiz 2004

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Employment Law Quiz 2004
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1. How would you define disability?

• A disabled person has a physical or mental
  impairment which has a substantial and long term
  adverse effect on their ability to carry out
  normal day-to-day activities.

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2. It is unlawful to discriminate against an
employee who has a disability on the grounds of
their disability. Is it unlawful to discriminate
against a job applicant who has a disability?

• Disability discrimination covers all stages of
  employment e.g. from the job advert, to
  short-listing, to interviewing, training,
  employment and dismissal or redundancy.

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3. You are fired. Your employer says it is
because your work is of poor quality. You feel
it is because your concentration is poor, and
your concentration is poor because you suffer
from clinical depression. Who is likely to win
in the Employment Tribunal?

• If you can demonstrate that your employer would
  not fire people who DIDNT have poor
  concentration, you would win.

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4. Is your employer obligated to make
adjustments to the premises or your work
arrangements if you are disabled? For instance,
if you were wheel-chair dependent, would he have
to provide a wheel-chair friendly environment,
toilet etc?

• Yes

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• Your employer is obligated to make reasonable
  adjustments to things that put you at a
  disadvantage to your able-bodied colleagues.
  This includes if you are applying for the job,
  although it is advised that you should inform
  your employer of your disability before you are
  employed. (However, as he cannot discriminate
  against you because of your disability at
  interview, if you fail to inform him it does not
  necessarily count against you).

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• Disability claims have no upper limit for
  compensation but it is restricted to the amount
  which will put you in the position you would have
  been if you were not discriminated against.
  Claims must be made within 3 months of dismissal
  to the Employment Tribunal in the region in which
  you were employed.

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5. Is it unlawful to pay women less than men for
doing the same work?

• Yes. Although currently in the UK women on
  average earn 25 less than men for doing the same
  work, and the region with the worst record is
  Wales.

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6. Why can you not offer (for example) free
medical insurance for full time employees?

• This constitutes indirect discrimination.

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• This is unlawful as it discriminates against
  women indirectly. It is more difficult for women
  to work full time because of child minding
  responsibilities etc.
• An example of direct discrimination would be
  firing someone because she is pregnant - clearly
  a male employee could not be fired for this
  reason so it is discriminatory.

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7. If it is unlawful to discriminate at any
stage of the employment process on grounds of
sex, what about transsexuals?

• You cannot discriminate against transsexuals.

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• The Sex Discrimination Act 1975 states that it is
  unlawful for an employer to discriminate against
  an employee, trainee, or job applicant because of
  their sex, marital status, or because s/he wants
  to undergo, has undergone, or is undergoing
  gender reassignment.

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8. Would you have to consider an application
from a man who applies for your advert, Wanted,
models for latest Gossard lingerie.

• No. The act does allow for discrimination where
  gender is a genuine occupational qualification
  e.g. Arnold Schwartzeneggers stunt double.

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9. Are there any circumstances where you could
advertise for a person of a specific race or
nationality without contravening the Race
Relations Act?

• Yes there are two exceptions. Firstly if the
  ethnic or national origin are essential, for
  instance an actor playing Mohammed Ali in a
  movie. Secondly in cases of positive
  discriminaton whereby you are trying to encourage
  applicants from a racial group which is not
  represented in the workforce.

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The Acts

• Disability Discrimination Act 1995
• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1976

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Useful Websites

• Department of Trade and Industry www.dti.gov.uk
• Advisory, Conciliation and Arbitration Service
  
  www.acas.org.uk
• Worcester Vocational Training Scheme
  www.text.worcestervts.co.uk