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Chapter

Cover Business Law

22. Equality In Employment Relationships  

This chapter discusses the Equality Act (EA) 2010. There have been many changes adopted following the enactment of this legislation. The Act is relevant for businesses as it imposes obligations to provide a safe system of work, including regulating the activities of management, colleagues, and third parties. This is an area of law that will evolve over the forthcoming years, and whilst much of the previous case law is applicable to this new Act, new judgments will likely expand and clarify the extent of equality law. An employer who is not aware of the provisions of EA 2010 runs the risk of facing very expensive claims, poor industrial relations, and potential damage to his or her reputation as an employer.

Chapter

Cover Card & James' Business Law

27. Discrimination law  

This chapter examines the key provisions of discrimination law. It highlights the passage of Equality Act 2010 to harmonize most of the various grounds for discrimination under a single piece of legislation, and notes that much pre-2010 anti-discrimination legislation has been repealed. The chapter discusses the various protected characteristics (for example, age, sex, disability etc) and looks at the various forms of prohibited conduct in relation to each characteristic (for example, direct discrimination, indirect discrimination, harassment, victimization). The chapter then looks at how the law aims to ensure equal contractual terms between men and women. Finally, the chapter concludes by looking at legislative provisions that seek to protect part-time workers and fixed-term employees.

Chapter

Cover Business Law Concentrate

7. Employment I: employment status, equal pay, and equality  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the employment contract, employment status, equal pay, and equality. Individuals may be engaged as workers, but their employment status will most commonly be as an employee or independent contractor. Employment status is significant in relation to the rights and obligations each type of contract has for the individual and employer. Given the lack of an adequate statutory definition, the common law has developed tests to identify employment status. Employment contracts contain express and implied terms. Employees and people employed personally to perform work under a contract are protected against various forms of discrimination and enjoy enforceable rights to equality at work.