Coursework Essay Example | Topics and Well Written Essays - 3000 words - 1

Coursework - Essay Example With the introduction of retiring age, employers are now refrained from discriminating on the grounds of age, even at the time of recruitment, training, redundancy and other policies that deals with the employer and the employee’s relationship (Harris, et al 56). Harassment There is no specific law, which deals with the issue of harassment at workplace. However, an affected person can knock at the door of competent court of law to get his or her grievances redressed under the criminal law known as "Protection from Harassment Act†. In refined term, harassment in the workplace can be described as "any unwanted attention that causes offence, embarrassment, humiliation, upset". However, if it is based on sex, race or disability, the concerned discriminatory law can be invoked to get protection. Further, in serious cases, some compensation can be had inclusive of damages to hurt someone’s feelings. Offensive remarks, personal comments, jokes based on racism and sex, to uching, vulgar displays, abusive language come under the purview of harassment (Harris, et al 59). In order to make his case strong against discriminatory attitude by the employer and the harassment at work premise, William may adopt the following course a) keep a diary of the incidents that took place b) witnesses of co workers c) confront harassment d) have a word with HR and e) discuss the matter with Union Representative (Harris, et al 61). It is the responsibility of the employer to protect his workers from harassment irrespective of their backgrounds. William has the option to claim compensation by registering his complain with the employment tribunal on the specified form ETI since it is a mandatory requirement. Mentioned form contains a lot of information e.g. name of the complainant, postal address, reasons for complaint, whether the complainant would like to re-instate or to lodge claim for compensation. William has the option to invoke the jurisdiction of competent Tribun al without bothering grievance procedure. By passing the grievance, procedure may lead to reduction up to 25% in any award granted by the Tribunal (Harris, et al 63). At this point of time, the said victim will send a copy of ETI form to be responded on form ET3 within 28 days. If he fails to respond within the specified period of time, there is apprehension that the Tribunal may issue impugn judgment in favour of the complainant. Before filing the complaint with the Tribunal, employee may exercise his or her option of conciliation. If conciliation fails to materialize, the compelling option for remedy is Tribunal (Harris, et al 63-64). The legal process is cumbersome with reference to calling witnesses, cross examine the witnesses by other side, engage a lawyer and to bear legal expenses. Keeping in mind the time consuming legal process, we advise William to confine himself to the process of conciliation. Q. 2. Where should William go to take action on his personal injury claim? Fr om whom should he seek advice and what formal and informal mechanisms might he use to resolve the dispute? To analyse the claim of William with regard to personal injury, we have to have a look on the law of tort and its provisions, which provide relief to the victim of personal injury besides emotional injury. In accordance with English law,  tort falls under the common law