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The Agency Workers Regulations 2010 are a statutory instrument forming part of United Kingdom labour law.They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work.
The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) are a UK statutory instrument aimed at protecting employees who have fixed-term contracts of employment. The regulations are in part intended to implement the European Union's Fixed-term Work Directive 1999 (99/70/EC) on fixed term workers. [1]
A disparate treatment violation is made out when an individual of a protected group is shown to have been singled out and treated less favorably than others similarly situated on the basis of an impermissible criterion under Title VII. The issue is whether the employer's actions were motivated by discriminatory intent.
The Employment Tribunal held he was less favourably treated, but it was justified for (1) giving other associates the opportunity of partnership within a reasonable time – and therefore to remain with the firm (2) workforce planning (3) limiting need to expel underperforming partners. It upheld, however, a victimisation claim.
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Judge Peter Clark held the tribunal was right, because without knowledge of the transsexuality, the panel member was not treating Mr Baldwin in any way special, and it was not enough under s 2A SDA 1975 that he ‘would’ have been treated less favourably. He could not rely on his own perception that the panel might be biased against him.
Get ready for all of today's NYT 'Connections’ hints and answers for #577 on Wednesday, January 8, 2025. Today's NYT Connections puzzle for Wednesday, January 8, 2025The New York Times.
15. The rationale for placing the burden on the employer at the second stage is that the relevant information about the reasons for treating the claimant less favourably than a comparator is, in its nature, in the employer’s hands.