Outline the legislative framework for achieving equality of opportunity at work. Explain the importance of clear policies at the workplace and critically discuss the tensions between policy and practice at the point of recruitment and selection. According to Dickens (2002), statutory individual employment rights have become more
extensive since the election of the Labour Government in 1997. There are more rights,
including in areas earlier unregulated in law in Britain, and the exposure of them has widened
to include people, who used to be excluded from protection. There have been modifications in
the institutions and dispute resolution processes and procedures. Dickens (2002) argues that
an opportunity for an essential reorganisation was missed.
Colgan et al. (2007) report that the academic literature regarding progress in UK organisation
equality and diversity policy and practice has pointed to the gap existing between equality
policy and practice. Evaluation of progress within the UK has shown the weak points of antidiscrimination
legislation and the uneven application over time and within organisations of
arguments based exclusively on the social justice and business cases.
Human Resource International Digest (2006) raises some questions: How do people find a
new position? Do they see it listed at a local employment agency? Perhaps they respond to an
advert in a national newspaper. Maybe it is an old friend from university who gives a useful
tip that that particular company is recruiting and you find yourself qualified for the job. The
journal Human Resource International Digest (2006) suggests that the way a person answers
this question gives a good clue of this person’s gender and/or ethnic background. These three
ways to a job application supposed to be the main ones people go through, whereby white
males are much more likely to discover about vacancies with the help of informal friendship
networks. Women and ethnic minority applicants are already disadvantaged before the
application process even begins because the only positions, which are opened to them, are
those that have been publicly advertised. [...]
Table of Contents
Introduction
Legislative Frameworks
1. Race Equality
2. Disability Equality
3. Other Equalities
Importance of Clear Policies at Work
1. Clear Policies Help to Build Good Relationship at the Workplace
2. Objectives of an Equal Opportunities Policy
3. Some Ways to Implement the Policy
Equality Policies and Practices at Work
Tension between Policy and Practice
Good Practice Case Study Organisations
Recommendations
Conclusion
References
Appendix 1
Appendix 2
Introduction
According to Dickens (2002), statutory individual employment rights have become more extensive since the election of the Labour Government in 1997. There are more rights, including in areas earlier unregulated in law in Britain, and the exposure of them has widened to include people, who used to be excluded from protection. There have been modifications in the institutions and dispute resolution processes and procedures. Dickens (2002) argues that an opportunity for an essential reorganisation was missed.
Colgan et al. (2007) report that the academic literature regarding progress in UK organisation equality and diversity policy and practice has pointed to the gap existing between equality policy and practice. Evaluation of progress within the UK has shown the weak points of anti- discrimination legislation and the uneven application over time and within organisations of arguments based exclusively on the social justice and business cases.
Human Resource International Digest (2006) raises some questions: How do people find a new position? Do they see it listed at a local employment agency? Perhaps they respond to an advert in a national newspaper. Maybe it is an old friend from university who gives a useful tip that that particular company is recruiting and you find yourself qualified for the job. The journal Human Resource International Digest (2006) suggests that the way a person answers this question gives a good clue of this person’s gender and/or ethnic background. These three ways to a job application supposed to be the main ones people go through, whereby white males are much more likely to discover about vacancies with the help of informal friendship networks. Women and ethnic minority applicants are already disadvantaged before the application process even begins because the only positions, which are opened to them, are those that have been publicly advertised.
Hays-Thomas in The Psychology and Management of Workplace Diversity by Stockdale and Crosby (2004) states that equality and diversity management has become a concern as real and seeming changes happened in the demographic structure of the workforce. Other important changes in the economy and the structure of work include globalisation as well as growth of the service sector, increased use of electronic technology and team approaches, many organisational merges, and the dramatic increase in contingent employment.
What is the legislative framework for equal opportunity at work? Why are clear policies at the workplace so important? What do employers do to implement equal opportunity policies in recruitment and selection processes?
Legislative Frameworks
According to Price (2004), one of the most important environmental restrictions on the job market and the actions of people managers comes from the law. Employment law changes constantly and varies in diverse parts of the world. Legislation relating to business obtains from norm or precedent. Precedents are also settled on by judges working to the systems that are decided in a similar way. In the Anglo-Celtic countries these have been regulated in a common law framework. Many of these countries like e.g. the USA also have a written constitution which provides a further code. Most European countries use an exclusively code- based system called civil law descended from the law code of the Roman Empire.
Price (2004) also says that national governments have become “law making machines” (Price, 2004, p. 129), which create a multifaceted legal background for commerce. They put into practice acts for strategic reasons, ensuring, so that employees who are disciplined or dismissed are dealt with in particular manner. Price (2004) underlines that companies, which do not succeed to meet their legal compulsions must pay compensation affected individuals correctly. And not only are current employees meant by that but also ex-employees and prospective recruits such as job candidates. One of the major complications for human resource managers is that there are differences in laws in accordance to country, there are sometimes hardly any similarities in laws between different states within countries with a devolved or federal structure.
1. Race Equality
Over the last few years, there have been major developments in national legislation (Bristol CYPS Equalities and Inclusion Team, 2008). The introduction of the Race Relations (Amendment) Act 2000, according to Bristol CYPS Equalities and Inclusion Team and their Anti-Discrimination Legislation (2006), replaced Section 71 of the RRA (1976) and says that public authorities must consider how to dispose of unlawful racial discrimination, promote equal opportunities and good relations between people of different racial groups. The Race Relations Act (1976) states that it is unlawful for employers and service providers to discriminate directly or indirectly because of someone’s colour, race, nationality, including citizenship, or ethnic or national origin. Sections 37 and 38 allow employers to take positive action where a racial group is under-represented in a particular kind of work to make available training to that racial group to help fit them for that work or to encourage them to submit applications for jobs.
2. Disability Equality
According to Anti-Discrimination Legislation (2006), under the Disability Discrimination Act 1995 (DDA), it is generally illegal to treat a disabled person less favourably than others in employment, providing services or carrying out public functions as well as to harass people because of their disability. Employers and service providers must make reasonable adjustments (e.g. changes to practices, policies and procedures; providing extra aids and services; adaptations to overcome physical barriers) to enable disabled people to work or access services. Since December 2006 all public authorities must take into consideration how promote equality of opportunity for disabled people, promote positive attitudes toward them, encourage participation of disabled people.
3. Other Equalities
Public sectors, Bristol CYPS Equalities and Inclusion Team (2008) communicates, are bound by the Employment and Service Delivery sections of the Sex Discrimination Act (1975) which prevents unfair treatment of boys and girls or women and men and gender equality duties come in to force in 2007. The Employment Equality (Sexual Orientation) Regulations 2003 protect employees and job applicants from discrimination, victimisation or harassment on the grounds of sexual orientation.
2003 also saw the introduction of legislation relating to the prevention of discrimination in employment in relation to religious belief (Employment Equality (Religion or Belief) Regulations, 2003) , which employers need to be aware of, and this will be extended to protecting prospective and current employees from discrimination in service delivery with the new Equalities Act. Equality Act 2006 makes it unlawful to discriminate on the grounds of religion or belief. Exceptions apply to religious organisations and some charities and schools (Anti-Discrimination Legislation, 2006).
There is a new legislation relating to age that came into force in 2006, and the Equality Act 2006 brings much of this legislation into line.
Importance of Clear Policies at Work
The purpose of an equal opportunity policy, according to Daniels and Macdonald (2005), is in focusing on a commitment to equal opportunities, and in revealing that commitment. Leighton (2004) comments that recent research suggests that there is a perception among senior policy makers that anti-discrimination law has already been very effective and there is a declining problem (Daniels and Macdonald, 2005). This attitude can lead to managers ignoring any need for policies to be developed.
[...]
-
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X. -
Upload your own papers! Earn money and win an iPhone X.