Employment Law Quiz 2004

1. Employment Law Quiz 2004

2. 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.”

3. 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.

4. 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 DIDN’T have poor concentration, you would win.

5. 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

6. 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).

7. 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.

8. 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.

9. 6. Why can you not offer (for example) free medical insurance for full time employees? • This constitutesindirect discrimination.

10. 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.

11. 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.

12. 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.”

13. 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.

14. 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.

15. The Acts • Disability Discrimination Act 1995 • Equal Pay Act 1970 • Sex Discrimination Act 1975 • Race Relations Act 1976

16. 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