DISCRIMINATION AND CONFLICT IN EMPLOYMENT LAW

Case study RA13 run a number of bars and nightclubs in the south of England. Some years ago it adopted non-contractual grievance and disciplinary and dismissal procedures based on the then statutory model. It claims to be “an equal opportunities employer” and has a harassment policy, which lists examples of behaviour that could amount to harassment and details the action that will be taken against staff. A number of issues have recently arisen. Jon and Will have been employed by RA13 for eight years and 12 years respectively. They both work in front of house roles and hold security industry authority licences. Jon has recently been diagnosed with a malignant brain tumour. Several months ago, Will had intervened in an acid attack outside one of the nightclubs and suffered mild scarring to arm but witnessed far worse injuries to the victim. A month ago, he was diagnosed with post-traumatic stress disorder caused by the incident that night. Petra is 36 years old and currently works in accounts. She has been employed by the firm for seven and a half years and her gross weekly pay is £428. At the last general election she voted for the Labour party and has become a member of the party. Unknown to her, the owner of the firm had been recorded threatening to sack anyone who joined the Labour party and she is now worried about her position. Col is 43 years old and has worked in promotions for the firm for 6 months. He is an ardent feminist and has raised concerns about some of the firm’s promotion activities which he feels contravene his fundamental beliefs. He has also argued with his manager that the principles within the firm’s written equal opportunities policy, which he agrees is a good document, do not seem to be implemented in practice within employment or more broadly. For example, he is aware David was not appointed to his team because of his Scottish accent and Rick was not appointed because of a historic criminal record over a decade ago). Jodie has worked behind the bar for four years and generally enjoys her work. However, two customers have made her feel very uncomfortable and have made humiliating comments about her. She has complained to her manager who has told her that there is little she can do and that she just needs to ‘front out’ the comments. The next time she served one of the customers he encouraged others to make degrading comments about her as ‘she was staff and they were customers and there was nothing she could do’. Kryz started working for the firm four years ago. During that time she has taken two periods of maternity leave and has recently returned to her positon as cloakroom manager for one of the larger nightclubs. A number of colleagues have criticised her for causing others to have to take on more work while she was on maternity leave and made derogatory comments about baby brain and not shedding pregnancy weight. Answer ALL of the following questions: 1. Petra’s worry has been realised. Col has been told that he is being dismissed because his commitment to feminism is damaging to the firm. Consider the prospects of any claims Petra and Col may bring should they be dismissed with full notice. (about 500 words) 2. Discuss the legal situation regarding Jodie and Kryz (but do not consider the PHA 1997 for this question). (about 700 words) 3. Their managers believe that both Jon and Will will be hindered in doing their jobs and so have dismissed them with full notice. Consider the firm’s potential liability under the Equality Act 2010    

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