Month: August 2018
The appeal stages and court structure in employment disputes in the UK is demonstrated by the high-profile Chagger v Abbey National plc & Hopkins (2006) legal case, where the Employment Tribunal found race discrimination and made the record breaking 2.8 million compensation award. Abbey National Santander Abbey (the UK high street bank soon to be re-branded as Santander share, and being part of the Banco Santander Group) ended Balbinder Chagger’s employment in 2006, giving redundancy as the reason. However, Mr Chagger believed the real reason behind his dismissal was race discrimination. Mr Chagger (of Indian origin) was employed as a Trading Risk Controller. He earned around 100,000 a year and reported into Nigel Hopkins, his manager.
If an employee has suffered unfairness and/or discrimination in employment then he could decide to appeal. The first point of appeal may be to the employer, in the form of a formal grievance. The employee lodges the formal grievance with the employer. The employer is responsible for hearing the grievance and deciding its outcome. The employer is, thus, given the opportunity to deal with the employment dispute and to close it satisfactorily. However, Mr Chagger’s issues were simply dismissed out of hand by the Banco Santander Group company.
If the parties cannot resolve their employment dispute between themselves, then either party may appeal to an Employment Tribunal for an independent resolution of the dispute. Employment Tribunals will hear disputes concerning unfair dismissal, redundancy payments and discrimination. Mr Chagger eventually appealed to the Employment Tribunal by starting legal proceedings against both Santander Abbey National and Mr Hopkins on the grounds of race discrimination and unfair dismissal. The Employment Tribunal heard the case and concluded that Mr Chagger had been both dismissed unfairly and discriminated against on the grounds of race in respect of his dismissal, by both Mr Hopkins and Santander Abbey National. The Employment Tribunal took the rare step of ordering Abbey Santander to reinstate Mr Chagger in order to remedy the wrong of race discrimination it had committed. Santander Abbey National, however, refused to comply with the Employment Tribunal’s reinstatement order. Following Santander Abbey National’s failure to comply, the Employment Tribunal subsequently ordered Abbey Santander to pay Mr Chagger the record breaking 2.8 million compensation for his loss on the basis that he had not been reinstated.
The employee/employer that is dissatisfied with the Employment Tribunal’s decisions may appeal to the Employment Appeal Tribunal (EAT). The EAT will consider appeals against decisions made by Employment Tribunals. The grounds of appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the Employment Tribunal’s decision). The EAT will not reconsider issues of fact. Santander Abbey National and Mr Hopkins appealed to the EAT against the Employment Tribunal’s decision of race discrimination and against the award of 2.8 million compensation. The EAT heard Abbey Santander’s appeals. It decided to uphold the original Employment Tribunal’s finding that Mr Hopkins and Santander Abbey National had discriminated against Mr Chagger on the grounds of race in respect of his dismissal. However, it accepted Abbey Santander’s appeal on the record breaking 2.8 million compensation award and remitted the compensation matter to the original Employment Tribunal for reconsideration on the basis of the likelihood of Mr Chagger leaving Santander Abbey National’s employment in any case.
The party that is dissatisfied with the EAT’s decisions may appeal to the Court of Appeal, being the second highest court in the land. The Court of Appeal will consider appeals against decisions made by the EAT. Once again, the grounds of the appeal must be points of law (i.e., the appeal must be about errors in the legal reasoning of the EAT’s decision). The Court of Appeal will not reconsider issues of fact either. The Santander Abbey National case was appealed to the Court of Appeal; the Court of Appeal’s website showed the case was heard this month, on 7 and 8 July 2009. The Court of Appeal’s records concerning the hearing were not available at the time of writing this article. According to 11KBW set of chambers, the hearing was limited to the issue of compensation only (i.e., not to the matter of race discrimination also). That would suggest that the wrong of race discrimination committed by Santander Abbey National and Mr Hopkins seems to have been finalised by the EAT, which upheld the original Employment Tribunal’s finding that Mr Hopkins and Abbey Santander had discriminated against Mr Chagger on the grounds of race in his dismissal.
The party that is dissatisfied with the Court of Appeal’s decisions may appeal to the House of Lords, being the highest court in the land. Any appeal to the House of Lords requires the Court of Appeal’s approval and the Court of Appeal must also certify a question of general public importance that the House of Lords needs to decide upon. Again, appeals to the House of Lords must be about points of law and not about issues of fact. The House of Lords is the final stage of appeal for most legal cases in the UK. However, rare cases may be permitted for appeal to the European Court of Justice, which has jurisdiction on matters of European Community law.
Many employers still discriminate against certain people in the community although they will rigorously deny this if confronted. It has been proven through research that more often than not the attractive person will be chosen for the post, even if they do not have the sufficient qualifications. Jobs for fat people are few and far between though there are people that can be considered naturally fat or built bigger than others. There is a definitive difference between being unhealthily obese, and what is considered being naturally overweight. Many people are a little heavier, though in peak health, and no matter what weight loss pills, potions, or diets, they go on, nothing will change this fact. If you are one of these people you will find getting employment a lot more difficult because of subtle discrimination in the marketplace against fat people.
Society has been brainwashed against fat people
weight loss manufacturers, health and medical industries have labeled fat a dirty word and the social pressure put on people that are a little rounder than others are enormous and unfair. What is even worse is that jobs for fat people are not really advertised, so no matter how well qualified fat people are job hunting is ten times harder. Finding employment can be frustrating to say the least, and because of these pressures it is possible that you could start comfort eating binges and go from being naturally overweight to obese. Your current weight may be apt for your frame, and through eating normally you do not gain weight; and on diets do not lose any either. Consider that your body may have reached a natural balance and you are going to have to accept that you are a little rounder than others. The media and advertising weight loss products and dieting has brainwashed society into thinking that being even a little over weight is totally unacceptable. This has even filtered into business and employment sectors and finding jobs for fat people has become extremely difficult because of discrimination against the fat people community.
Where to look for jobs for Fat people
No doubt the best possible places to look for jobs for fat people would be within a fat people social community, because here there may be employment agencies and employers that do not discriminate on the way you are built, what color you are, whether you are short or tall or a little overweight. The internet has opened many social communities already, and no doubt there is a fat social community that you can join and feel at home plus there maybe jobs for fat people or you can offer employment if you have positions available. It will also be discovered on these fat social networks that employers and agencies that do not discriminate against fat people, have the option of advertising positions freely. The fat people community is a group of people that have the friendliest personalities around, and those business that offer jobs for fat people will end up employing the most dedicated and friendly staff which will certainly end up being valuable assets to any institution.
Are you an employment agency with a lame Excuse?
Many companies will insist that they do not discriminate against fat people for fear of reprisals, but of course they will too subtle to be detected. When you apply for the job advertised, you will probably be wasting your time and will get a notification that the job has been filled by someone better qualified than you. Naturally there is nothing you can do about this. This is what makes hunting for jobs for fat people more than frustrating. More than likely you will be better off not working for a company like this anyway. When you are looking for employment, then you will definitely enjoy better results by seeking out jobs for fat people at employers that will accept your qualifications rather than the way you are built. The internet is the best place where you will find solutions regarding jobs for fat people, and with a little effort you will also find a social network community dedicated to fat people that you can also call home!
The realm of human welfare or social work has some particular specialties that include primarily children, family, education, public health, physical and psychological well-being and drug addiction. It has been seen that the scale of job prospects related to social welfare has only increased over the past years, this has even been validated by the Bureau of Labor Statistics that a social worker had around 642,000 jobs in hand back in 2008. The graph has certainly aggravated presently.
Since majority of individuals working in the circle of social betterment has some concerns regarding the industry they wish to be associated with, it has even been evaluated that around 54% of individuals were then working in the health and human welfare industries while the remaining 31% worked in government sponsored agencies at various levels. With this entire report of job opportunities available for people working in the social development continuum, it explicitly indicates that job prospects are at no dearth, when it comes to looking for a stable and financially secure professional career.
The nature of a profession such as social welfare services is such that employees are assigned to work in cities as well as suburbs. It is expected for a social welfare employee to find a job in rural vicinities, as the space to exhibit their professional concerns and skills is more extensive as compared to an urban area, which is already quite developed. This indicates that social welfare is a profession, which comes with a lot of responsibilities and challenges.
Earlier, it was believed that not all specialist areas of social betterment thrived in terms of job opportunities, and not all offered the same amount of professional working security. However, today, all areas of social work are increasing job opportunities, particularly by the private social welfare organizations. In fact, the increase of employment in this industry has been around 22% which is promising. This is likely to increase with the time owing to the aging child boomer populace which will, over the span of time, demand better health and social services.
Apart from the physical stability, mental & psychological stability and drug addiction are areas which are rapidly augmenting with job prospects. An increase of 20% has also been predicted by specialists as there is going to be a strong demand of services to counter such deteriorating circumstances.
Last but not the least, children and family along with education are areas that are actually excelling areas in the field of human welfare and betterment. In order to bring about a change, an anchor lies in the hand of social services, augmenting the protection for children and their families while at the same time, emphasizing on the local prevalence of education is what is going to instigate a progressive developmental scale in the society. Some of the specialized areas elaborated on indicate the fields that can be explored by social welfare employees to bring a progressive change in the society.
In the nineteenth century and parts of the twentieth century, employees and employers were largely left to themselves to arrange a working agreement, including payment, work conditions, and so on. Employees had to trust that their employers would treat them fairly, and employers knew that if they didn’t treat their workers well, they might leave to work somewhere else. Although this arrangement worked well for many, during the industrial revolution, employees began to lose their leverage of leaving that kept employers in check.
During the industrial revolution, large factories rose up, employing workers by the thousands. Employers rarely had direct contact with their employees, and people akin to task masters oversaw the workers. Working conditions were harsh. If a worker showed up late to work, was in any way disorderly, or tried to unionize, he or she could be fired. Even children were hired and forced to work long hours in unhealthy environments.
And despite poor working conditions, long hours of arduous labor, and low wages, factory employees had nowhere else to go because most places of employment were the same. These difficulties were most often experienced by immigrants and the poor, and because they had no way to improve their situation, these workers had no choice but to work in these factories and other similar places.
Eventually, in the early twentieth century, the government passed a series of labor laws that helped rectify the poor working situation. These laws established minimum wages, work environment regulations, and union rights. And throughout the century, more laws were periodically passed that made illegal any discrimination (based on gender, religion, age, and so on) against employees.
Because of the sufferings of thousands in those prior years, employees today enjoy the benefits of being guaranteed certain rights. Unfortunately, some employers are still found guilty of disobeying these employee-protection laws.
Today, the most common breach of employee rights is discrimination. Some employers may even inadvertently discriminate against employees based on age, gender, race, religion, or disability. But inadvertent or not, discrimination in the workplace is illegal. One of the only exceptions is discriminating against disability. If a job cannot be performed with reasonable accommodation by a person with a disability, the employer retains the right to not hire that person. Of course what is considered “reasonable” is something of a gray area, but the exception is meant to ensure that employers aren’t forced to hire someone who can’t perform the job.
Another common type of discrimination is based on age. Many have the misconception that someone who is older may not be as good a worker as someone who is young. However, if an elderly person meets all of the requirements of job, he or she must be seriously considered on equal footing with other candidates.
In regards to the payroll, gender discrimination is quite common. In general, women are still paid less than men for performing the same jobs. Although this disparity in pay is becoming smaller and is not as bad as it was just a few decades ago, in general, women are still paid less. The problem in detecting this type of discrimination is that people are often prohibited from discussing income with their coworkers, and many people don’t know what is considered fair pay for their jobs.
Another all-to-common illegal occurrence in the workplace is sexual harassment, particularly toward women. Sexual harassment can range from derogatory or sexual comments to receiving promotions based on sexuality to unwanted forceful actions. And sexual harassment is illegal not only if it comes from an employer but from a coworker as well. Unfortunately, in many cases of sexual harassment, the victims are either too embarrassed or scared to come forward and take legal action against the guilty party.
And although discrimination and harassment are illegal, when people take legal action against their employers on the basis of discrimination, feelings of tension or anger may exist between the two parties. And although there may not be much a person can do to resolve the tense atmosphere, employees can rest assured that if an employer attempts to discharge our fire them because they filed a charge of discrimination, the employer will face additional legal charges.
Employers also cannot legally retaliate against those who take protected leave under the Family Medical Leave Act or who file a workers’ compensation claim. Such retaliation is illegal so that employees will not be threatened or discouraged from filing legal charges.
Sometimes employees find it difficult to prove that they are being discriminated against or they may not be entirely sure what legally qualifies as discrimination or unfair treatment. In these cases, an employment attorney can be helpful. Employment attorneys specialize in labor laws and are familiar with past employment law cases, which can help you better understand your rights and determine if you should take legal action against an employer. And whether you’re looking for a Houston employment attorney or one elsewhere, you should research the attorney’s qualifications and experience before hiring one to advise or represent you.
Labor and employment laws were created after years of worker oppression and in response to employees’ demands for fair and equal treatment. Because of these laws, employees are no longer required to work obscenely long hours for little pay, work in unsafe environments, or suffer from harassment and other abuses. Because of these laws, working conditions have drastically improved, and with the current legal system, employees have a means to constantly evaluate, analyze, and continue to improve working conditions in a way that ensures they can do their best work without fear of oppression or discrimination.