Monday, February 25, 2019

Employment Law: Equal Pay for women in the workplace

Re hunt club QuestionHas the sufficientity comport 2010 improved the itinerary women ar treated indoors the workplace with respect to tinct gift?Hypothesis StatementThe pre-existing struggles that women have been faced with in regards to equal invent have not been addressed by the recent improves within this area. This is because, although the tolerableity Act 2010 was welcomed as a vehicle for the radical reform of equal pay, women are still treated less favourable than men. Accordingly, the problems that arose from the Equal Pay Act 1970 are still in existence and so further reform is needed if inequality is to be eradicated. incase jurisprudence Abdulla and others v Birmingham City Council 2013 1 solely ER 649Allen v GMB 2008 EWCA Civ 810Bates wagon train Winkelhof v Clyde & Co LLP and another 2013 1 All ER 844Blackburn v West Midlands Police 2008 All ER (D) 50 (Nov)Defrenne v Sabena (No 2) encase C-t3/75 1976 ECR 455Eaton Ltd v Nuttall 1977 ICR 272Enderby v Frenchay Health Authority Case Case C-127/92 1993 ECR I 5535Redcar & Cleveland BC v Bainbridge Surtees v Middlesbrough BC 2008 All ER (D) 386 (Jul)Ideas for Methodology ApproachIn beneathtaking the research for this study, both(prenominal) a quantitative and qualitative approach bequeath be undertaken so that a comprehensive analysis can be made. Both direct and secondary research will therefore be adopted by looking at various academic opinions, relevant legal rules, theories and principles. This will be done by accessing text books, journal articles, online legal databases and governmental reports. These can be accessed by undertaking a library search as well online databases such as Lexis Nexis and Westnatural law.Reference to Relevant legal Theory and Social Policy ImplicationsThe rights of women and men to receive equal pay has been subject to continuous debate for some time and the fact that women are still being discriminated against in the workplace suggests that the law canno t effect genuine equality (Smart, 1989, p. 3). This has serious social policy implications since it is made clear under s. 11 of the 2010 Act that discrimination on the grounds of a persons sex is a protected characteristic and is therefore prohibited. word 14 of the European Convention of man Rights 1951, as incorporated by the Human Rights Act 1998, also protects women from being discriminated against within the workplace. Nevertheless, the fact that many a(prenominal) organisations fail to treat men and women the same when it comes to equal pay suggests that the law is unable to protect women from discriminatory treatment within the workplace. As spew by Rhode (1990, p. 617) gender equality cannot be obtained under existing ideological institutional structures. This causes legal implications in respect of equal pay and fails to support equality for all to be attained (Wacks, 2012, p. 305).Relevant Books, Journals and Reports Baker, N. The Equality Act 2010. Company Secret arys Review, Tolleys Practical Business biweekly for Companies. 34 CSR 13, 102, Issue 13, (2010).Bamforth, N. Malik, M. and Cinneide, O. Discrimination integrity Theory and Context, Text and Materials, scented & Maxwell Ltd, 1st Edition, (2008).Connolly, M. Discrimination Law Victimisation, Industrial Law Journal, ILJ 2002 31 (156) (2), Issue 2, (01 June, 2002).European Industrial Relations Review. Report on gender Pay Gap, 388 European Industrial Relations Review 28, (2006).Equality and Human Rights Commission,.Equal Pay Creating a Fairer Britain, (2010), available from accessed 06 May, 2013.Pigott, C. Employment A Step Change for Equality, impudently Law Journal, 160 NLJ 749, Issue 7419, (28 May, 2010).Pigott, C. Employment Justifying Unequal Pay, New Law Journal, 159 NLJ 55, Issue 7352, (16 January, 2009).Wilson, D. Playing Fair, Pay & Benefits, 38. Issue 7, (2010). Rowbottom, D. Re-Inventing the Collective Approach to Equal Pay, 155 New Law Journal 1701. Issue 7200, (2005) .Smart, C. (1989) Feminism and the designer of the Law, London, Routledge.Smith, I. and Baker, A. Smith & Woods Employment Law. OUP Oxford. 10th Edition, (2010).TUC. The Union Makes Us Strong TUC History Online available from accessed 05 May, 2013.Wacks, R., (2012) Understanding Jurisprudence An Introduction to Legal Theory, OUP Oxford, tertiary Edition.

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