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Btec Level 3 Business Studies Unit 13 P2

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BTEC LEVEL 3 BUSINESS STUDIES UNIT 13 P2

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CURRENT UK AND EU LEGISLATIO
AND IT AFFECTS ON RECRUITMEN
AND SELECTION

,SEX DISCRIMINATION ACT 1975/97
 Sex Discrimination Act is to protect man and woman from discrimination on the groun
sex.
 It is essential to understand that sexual discrimination is judged to be unwanted atte
by the victim of behaviour, not the perpetrator. There are many ways in which sexua
discrimination can occur:

Direct Discrimination Indirect Discrimination People (employer
not discriminate b
A company employs or promotes a Creating full-time working patterns their sex and g
male worker with fewer qualifcations only, height or weight restrictions, or reassignment
or less experience over a female the requirement to relocate or work discrimination a
worker. unsociable hours where a mother has recruitment due
childcare commitments. gender being fav
being treated dif
A woman who is not ofered Eg. Race, age, religion etc. based on what sex
employment due to the nature of the CASE – A former student male nurse
This can limit peo
work i.e. physical or ‘dirty’ work. yesterday won a landmark sex discrimination
case against NHS hospitals that refused to getting jobs and pr
in life and that’s wh
A man or woman is demoted let him perform intimate medical procedures
on women patients unless he was was brought into
upon their return from paternity accompanied by a female chaperone.
or maternity leave

,SEXUAL HARASSMENT INCLUDES…

 Verbal harassment such as:- comment about appearance, bo
clothing, questions about sex life or assurances or threats
concerning employment conditions in relation to sexual favours
 Non – verbal harassment such as:- looking or staring at a
person’s body or display of sexually explicit material such as
calendars, posters or magazines.
 Physical harassment such as:- unwelcoming physical contact
such as hugging, caressing, kissing or grope, rape or sexual ass

CASE - In the Fiona Martin Case she secured £25,000 settlement in a
pregnancy sex discrimination case before it reached the Employment
Tribunal

, RACE RELATIONS ACT 1992

 Under the Race Relations Act 1976 (PRA) people are protected against
discrimination on racial grounds. Racial grounds are defned as colour, ra
nationality, or ethnic or national origins. It covers employment, education
education, advertising and the provision of goods and services.
 This means that when people are recruiting they can not reject someone
the job because of their racial grounds. All recruiting must be fair.

 A case to support this is Showboat v Owens where a white employee refu
to carry out instructions from their employer to exclude black people from
premises was held to have been discriminated against on racial grounds.

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