Sexual Discrimination Case Study Example | Topics and Well Written Essays - 3000 words

Sexual Discrimination - Case Study Example Sergeant Williams, a churchwarden at St Augustine's was uneasy that an acknowledged homosexual should be working as a caretaker at the parish school. He voiced his concerns to the school's head teacher who brought the matter to a meeting of the school's governing body. They endorse Sergeant Williams' concerns and advise that Jeffrey's contract should be terminated. This year, in the local police station, Desk Sergeant Williams took Jeffrey's statement reporting the fact that his flat has been broken into and several valuable items have been stolen, which statement also revealed Jeffrey's sexual orientation. Sergeant Williams, who was also a churchwarden of St. Augustine, reported his concerns of having an acknowledged homosexual working as the parish school caretaker to the school head teacher. Jeffrey's employment contract was terminated by the head teacher after the school's board of governors endorsed Sergeant Williams' concerns. Jeffrey filed the present application for injunctive relief to prevent the school administration from implementing the dismissal decision as well as appeal the same with prayer claiming for additional damages over and above the notice period for the period that the statutory dismissal or disciplinary procedure would have taken. The Employment Act 2002... injunctive relief to prevent the school administration from implementing the dismissal decision as well as appeal the same with prayer claiming for additional damages over and above the notice period for the period that the statutory dismissal or disciplinary procedure would have taken. II. LAW - Relevant Domestic and European Community Law, Convention and Practice i. Under the Employment Act 2002: The complainant employee alleges that the dismissal impinges upon his rights under s.35 of the Employment Act 2002: the right to procedural fairness through the internal dismissal procedure to determine whether there are extant grounds to dismiss the employee; the right to accompaniment or assistance by a trade union representative or work colleague; and The right to appeal the grievance decision. The complainant's rights under the Sex Discrimination Act 1975 and the Employment Equality (Sexual Orientation) Regulations 2003 are asserted to be also violated. The Employment Act 2002 (Dispute Resolution) Regulations 2004 requires that the employer afford the employee the procedural fairness through internal dismissal/disciplinary procedures. The Employment Act 2002 (Dispute Resolution) Regulations 2004 provides, inter alia: Application of dismissal and disciplinary procedures 3. -(1) Subject to paragraph (2) and regulation 4, the standard dismissal and disciplinary procedure applies when an employer contemplates dismissing or taking relevant disciplinary action against an employee. (2) Subject to regulation 4, the modified dismissal procedure applies in relation to a dismissal where- (a) the employer dismissed the employee by reason of his conduct without notice, (b) the dismissal occurred at the time the employer became aware of the conduct or immediately thereafter, (c)