Business law Essay Example | Topics and Well Written Essays - 2000 words - 1

Business law - Essay Example (c) the provision, criterion or practice puts or likely to put B at that disadvantage and (d) whereby A cannot justify his actions in pursuit of achieving a legitimate aim (legislation.gov.uk, n.d.). Thus, indirect discrimination can arise out of an employer’s policy applicable to everyone in the organization but happens to put a particular protected characteristic at a disadvantage. Sex is one of the nine protected characteristics under Equality Act. Indirect discrimination described above is a prohibited conduct in relation to the protected characteristics, subject to exceptions. The acts of discrimination as described above are applicable to persons or an individual with a protected characteristic. It also includes perceived discrimination. To cite an example of indirect discrimination in respect of a protected characteristic of sex, it is an indirect discrimination on the grounds of sex to impose a condition on a woman employee having young children to be cared for, to wor k in night shift. However, an employer can justify his policy if he could show that he has acted reasonably during the course of his business as a proportionate means of achieving a legitimate aim which might be a lawful decision. ... Since stock prices would arrive late in the afternoon, requiring an employer not to insist employees to sit late in the afternoons of winter seasons is not justified since it is a legitimate need for the business to get stock prices for which there are no alternatives (ACAS, 2011). It was held in British Airways v Starmer (2005) that the employer erred in requiring a full time woman pilot to work 75 % part time as against her request to work on 50 % of the time to take care of her children since it amounted to act of sec discrimination having the potential to affect a significant portion of women workforce and the employer failed to provide evidence to justify application of provision or practice. (Painter & Holmes, 2012, p. 259) . Qn 2. This is a case of harassment defined in Equality Act 2010 and EU Directive 2000/78 as an unwarranted or undesirable conduct which has the potential of causing threatening, hostile, degrading, and humiliating or offensive environment or has the effect of violating dignity. This can take place in relation to any of the protected characteristics. Sexual orientation is one of them. The definition demonstrates the severity of the problem of harassment at workplace that pollutes the workplace environment. It is a prohibited conduct as per section 26 of the Equality Act as described under sub section 26 (1) (legislation.gov.uk, n.d.). Equality law allows other employees to complain even if the harassment is not directed at them (ACAS, 2011, p. 2). Thus Allan can file a complaint before the Employment Tribunal within six months of date of commission of harassment extended from three months as decided by House of Lords as a result of series of