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Saturday, August 10, 2019

'Britain's 6 million carers are on the verge of winning unprecedented Coursework

'Britain's 6 million carers are on the verge of winning unprecedented rights following a European court opinion that would p - Coursework Example Nevertheless, in examining the law regarding employment, carers and flexible working schedules, it becomes clear that UK does value carers, therefore a law forbidding just this kind of discrimination and harassment is probably just around the corner. This paper will explain the different areas of the law that are relevant to the issue of harassment and discrimination regarding carers, including broad employment law principles, carer law and flexible working law. Relevant portions of employment law Miss C. has an argument that she was harassed out of a job because she took time off to care for her severely disabled son. Harassment is unwanted conduct that â€Å"has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person†1However, the Employment Equality Acts makes a distinction – harassment is unwanted conduct related to any of the discriminatory grounds. ... Fair reasons for dismissal, according to the Employment Rights Act 1996 are dismissals that â€Å"a) relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do; b) relates to the conduct of the employee; ba) is retirement of the employee; c) is that the employee was redundant, or d) is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or made under an enactment.†4 In reviewing these reasons for a fair dismissal, the process of taking time off to care for a disabled dependent, such as a child or a parent, does not fit well into any of the categories. Taking time off does not have any bearing on the capabilities or qualifications of the employee performing the work that the employee does, does not relate to the employee’s conduct, nor does it mean that the employee co uld not continue to work in the position held without contravention or a duty or a restriction. Therefore, under the Employment Rights Act 1996  § 98(2), firing an individual for caring for a dependent would not be considered one of the categories for fair dismissal. If Miss C is considered to be unfairly dismissed, she may bring suit under the Unfair Dismissals Act 1977, which states that if there is an unfair dismissal, â€Å"the employee shall be entitled to redress consisting of whichever of the following the rights commissioner, the Tribunal or the Circuit Court, as the case may be, considers appropriate having regard to all the circumstances.†5 The Act then goes on to say that the employee is entitled to re-instatement or

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