Management problem Essay Example | Topics and Well Written Essays - 1000 words - 1

Management problem - Essay Example ce, revolves around discrimination based on religion, and in order to advise the Chief Executive, the first thing that will need to be established is whether the court will treat the employee in question as an employee under the legal definition of the term. This argument is substantiated by the recent case of Autoclenz Ltd v Belcher (2011) when Lord Clarke held that work must be exchanged with wage and that intentions of parties did not hold as much importance as the ‘reality’ did – making the test an objective one instead of subjective. Moreover, under the Employment Rights Act 1996, a ‘worker’ is somebody who has a contract for employment and personally performs the work, rather than being the owner of a business or organization. The Housing Services Director asked the Jewish employee to remove the hat he wears as a customary sign of his religion, calling it a ‘skullcap’. This can be considered direct as well as indirection discrimination, subject to the tribunal/court’s interpretation of the matter. Direct discrimination is self-explanatory through its name; suggesting discriminatory practice against an employee for characteristics provided under the Equality Act 2010. Although there is no general defense awarded to the defendant in this case, but an exception is the excuse of a genuine requirement of the occupation that the employee be of a certain age/sex/religion. The test to establish this is an objective one, as can be seen in the case of Shamoon v. Chief Constable of the Royal Ulster Constabulary [2001] where the HOL overturned a tribunal decision where it had found gender discrimination. However, the success of this test may be limited since it is a stringent one – a fact supported by the case of Etam plc v Rowan [1989] is when a man was rejected from the working at a clothing store for women. The Chief Executive can argue that wearing of the hat is genuinely harming the business as it is not only giving a negative impression to