Employment Law: Sex Discrimination - Justification - Margin of Discretion
In the case of Hardys and Hansons plc v Lax [2005] EWCA Civ 846 (Court of Appeal), the appellant employers were brewers who ran a chain of public houses. The respondent was employed by the appellant and subsequently took maternity leave, and during this time, she put in a request to her employer to job share her post of retail recruitment manager upon her return from maternity leave, or alternatively to take up a tenanted support manager's job on a job share basis. Her request was denied and she brought an action for unlawful sex discrimination and unfair dismissal in the Employment Tribunal (Tribunal).
Under the Sex Discrimination Act 1975 (SDA), inter alia, a person discriminates against a woman if "he applies to her a provision criterion or practice which he applies or would apply equally to a man, but... which he cannot show to be justifiable irrespective of the sex of the person to who it is applied...".
Employment Law - Excessive Working Hours - Breach of Duty of Care
Do you know how many hours your employees are working per month?
n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.
Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.
He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.
Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.
Choosing a Topic for an Action Research Paper
An action research paper is different from the other types of writing assignments. It works through the observation of a plan, in action, which was designed to solve the research problem. For the same reason, all topics cannot be researched on using action research techniques. You must know what type of topics can be chosen for action research to avoid confusion at a later stage.