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Role as a Legal Advisor to the Trade Union or Management

Essay by   •  April 28, 2011  •  Case Study  •  1,047 Words (5 Pages)  •  1,208 Views

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In your role as a legal advisor to the trade union or management, prepare a case to present before an industrial tribunal that will either promote or refute the allegation by Mrs. Padfield that she was unlawfully discriminated against by her employers in the way that affected her access to equal opportunities of promotion to a grade 2 lecturer in Business Economics. In particular consider the allegation that she had been treated less favourably on the grounds of her sex than a man would have been treated and that she had been treated less favourably than an unmarried person.

Promote

 Lack of Transparency: She was not given any details of the requirement for the two internal promotions

 Unreasonable Questions during the interview: She was asked more personal (family related) question rather than professional.

 Occasional Flippant Interviewing Style: The interview was not taken seriously.

 Better than others in terms of experience & qualifications: She had greater qualification and experience than the other two candidates . [She is graduate in Economics (which was a requirement as per JD) whereas Mr. Smith was just an HNC and Diploma in Marketing. She had total 10 years of experience in teaching compared to other two who started their career in teaching with Kingsbury College. Mr. Smith had 4 years and Mr. Banks had 1 year of teaching experience.)

 Assumptions were made by the panel: Just because she was a woman with children, assumptions about her actions and family commitments were given greater weightage.

 Location was considered as a hindrance: Mr. Padfield had got another job 60 miles from the college and she had to move along. This remark made on her was tactless and would have made no difference to her ability to undertake her work. The panel simply assumed that even the new house would also be 60 miles away from the college.

 Devoting more time at work: She did put across the point that as all her children were now attending a local convent boarding school and therefore would get more time to spend on college requirements during terms.

Refute

 Business / Industrial Experience was preferred: Work experience should preferably have some business or industrial experience. (Mr. Smith and Mr. Banks both had this kind of experience unlike Mrs. Padfield).

 Excessive Paperwork was avoided: The internal candidates were not required to fill in an application form in respect of the two internal promotions as it was intended that their applications for the new post could also be used for the purpose.

 Qualifications: Only Mr. Smith possessed diploma in marketing and Mr. Banks possessed PG in economics. This shows that Mrs. Padfield stands a fair chance compared to Mr. Smith if you look at qualification.

 Panel was Neutral towards marital status and having children: The male candidates were also married and one was a father too. So there was no point of saying the discrimination has been done regarding personal issues.

 Gender Neutral Policy: The college followed the policy of equal opportunity employer and that the recent promotions had been awarded to female candidates in competition

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