DanIndia: Case Study

Table of Contents
2. Procedure 4
3. Findings 5 3.1 Health and Safety 5
3.1.1 Employers Responsibilities 5
3.1.2 Employees Responsibilities 5 3.2 Working Practices 5
3.2.1 Legislation: Part Time Workers Regulations 2000 6
3.2.2 Legislation: Employment Rights Act 1996 6 3.3 Equality and Diversity 7
3.3.1 Equality Act 2010 7
3.3.2 Internal Working Relations: Race Relations Act 7 3.4 Recruitment and Selection 8
3.4.1 External Working Relations: Sex Discrimination Act 8
4. Conclusions 9
5. Recommendations 10 5.1 Health and Safety 10 5.2 Working Practices 10 5.3 Equality and Diversity 10 5.4 Recruitment and Selection 11
6. References 12
7. Bibliography 13

1. Terms of reference

This report has been written by Lisa Milligan referring to the DanIndia Case Study. It is to be submitted to lecturer Anne Marie Clleland on Friday the 16th of January 2016.

2. Procedure
The information for this case study had been gathered by the following:
• Books
• Internet
• Interviews
• Journals

3. Findings
3.1 Health and Safety
DanIndia have had a number of incidents which have highlighted weaknesses in the company’s current Health and Safety procedure. Together, staff and management have decided to receive training regarding Health and Safety legislation. The company believe that this training would prevent carelessness, therefore DanIndia would not unintentionally break the law.
There are three sources of Health and Safety Legislation in Scotland, however, the main legislation is covered by the Health and Safety at Work Act (1974). In order to maintain legislation, there are general responsibilities of the employer and employee within a company.
3.1.1 Employers Responsibilities
Employers that own a business, with over five employees are required to have a health and safety policy in place. This means that all employees must have training that includes clear instructions and information regarding the importance of health and safety in the workplace. It is the employer’s responsibility to ensure the health and safety of all of their staff, including those with disabilities. Therefore all work equipment must be maintained to the standard required with protective equipment if necessary. The company should also provide welfare facilities such as first aid kits, toilets, and drinking water.
3.1.2 Employees Responsibilities
The employee also holds responsibility regarding health and safety. This would be to co-operate with the employer and co-workers on matters relating to this and follow training that they have received. It is also required that all staff members take reasonable care of their own health and safety and that of others who may be affected by their actions.
3.2 Working Practices
DanIndia are currently monitoring the working practices that they have in place. Part-time and flexi-time employees are unhappy, and are complaining that training and monitoring is inadequate. Due to this, employees feel that certain members of staff are receiving preferential treatment which is causing friction. Part-time employees also feel that others that have a different work pattern (e.g. Full time) may be receiving better training.
3.2.1 Legislation: Part Time Workers Regulations 2000
This act makes it unlawful for part-time workers to be discriminated against or treated less favourably than their full-time colleagues. This means that Part-time workers should receive the same hourly rate as full-timers and should have the same access to training and not to be excluded merely because they work part-time. Part-time employees should also have the same entitlements as full-timers, such as maternity / parental leave/ annual leave or even career break schemes if required. Equal entitlements should also be available, for example, pensions, perks and sick pay. This will also include the same entitlement to bonuses, shift allowances etc. As a large amount of part-time workers are female, it is also a significant attempt to combat sex discrimination.
3.2.2 Legislation: Employment Rights Act 1996
The Employment Right Act 1996 confers a number of employee rights. This would include Job title, hours of work, information about wages/salary, terms and conditions of employment, holiday entitlement conditions relating to sickness benefit and pension schemes.
This act supports the employer and employee with regards to fair and unfair dismissal, attempting to ensure that employees are not dismissed without good cause. This includes maternity rights for women compelled to take time off work. It also ensures that redundancy pay must be provided when an employee is dismissed, and that a statutory minimum notice period is enforced. In addition, the act also protects the wages of workers who are injured in the course of work, and provides time off work for those people who are chosen to perform public duties such as jury service. Finally, the act secures an employee’s right to the national minimum wage which is £5.13 for employees between ages 18 and 20, and £6.50 for employees age 21 and over. Grounds for fair dismissal can include capability, conduct, redundancy, illegality and retirement.

3.3 Equality and Diversity
DanIndia at present have procedures relating to equality and diversity which are outdated. The company are proud to promote a multicultural and diverse workforce. However, DanIndia see that this could be at threat due to the current system that is in place.
3.3.1 Equality Act 2010
The Equality Act 2010 legally defends people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws, making the law easier to understand and strengthening protection in some situations. The act sets out the different ways in which it’s unlawful to treat someone.
Discrimination can come in different forms. This could be direct discrimination which would involve treating someone with a protected characteristic less favourably than others. The opposite would be indirect discrimination. This would involve setting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage. Harassment and victimisation also come under this category. This might include unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them, or treating someone unfairly because they’ve complained about discrimination or harassment.
The Equality Act protects employees from discrimination at work. This includes dismissal, employment terms and conditions, pay and benefits, promotion and transfer opportunities, training, recruitment and redundancy.
Some forms of discrimination are only allowed if they’re needed for the way the organisation works, e.g. employing only women in a health centre for Muslim women or Disability.
If an employee is disabled they have the same rights as other workers. Employers should also make adjustments to help disabled employees and job-applicants with application forms, promotion or work-related benefits like access to recreation or refreshment facilities.
3.3.2 Internal Working Relations: Race Relations Act
The Race Relations Act of 1976 makes discrimination on grounds of race illegal in the same way as the Sex Discrimination Act. Again, there is scope for Genuine Occupational Qualifications - for example, advertising for an 'Italian waiter' to work in an Italian restaurant. This act Protects employees against discrimination on the grounds of race in job advertisements, recruitment and selection of employees for jobs, promotion and training opportunities.
3.4 Recruitment and Selection
At present DanIndia have standard procedures which are followed during the recruitment and selection process. The company have recently received a complaint from a candidate, who feels that he was treated unfairly due to his gender. This has brought the matter to the company’s attention, as it appears that certain employees are not following the procedure correctly.
3.4.1 External Working Relations: Sex Discrimination Act
The Sex Discrimination Act, introduced in 1975, protects employees against discrimination on the grounds of gender. This would include job advertisements, employee selection, employee promotion or the offering of training and career development opportunities.
However, there are some situations in which the act does not apply. This would be in relation to Genuine Occupational Qualifications (GOQs). For example, it is regarded to be legitimate to advertise for a 'male lavatory attendant', or for a female actor to play a female part in a film.

4. Conclusions
As there have been a number of incidents recorded concerning health and safety, it is clear that all members of staff require further training within this field. The key legislation, the Health and Safety at Work Act of 1974, must be maintained within the workplace by both employers and employees. Therefore, it is the company’s duty to have a health and safety policy in place and ensure adequate training to all members of staff. However, each employee must follow training that they have received, and take reasonable care of not only themselves but fellow colleagues.
At the moment DanIndia are currently monitoring the working practices that they have in place. Part-time and flexi-time employees are currently unhappy, which is causing friction within the company. The Part Time Workers Regulation (2000) which is in place protects Part-time workers, and allows them equal rights to full-time employees regarding salary, training, and entitlements. The Employment Rights Act (1996) is also in place to support both employer and employee rights. This includes information from the contract (contracted hours, salary, terms and conditions of employment), maternity rights and any benefits the job may have regarding pension schemes etc. This also includes grounds of dismissal, as to whether it is fair or unfair and protects the employer and employee. The act also gives all workers the right to the national minimum wage and protects this, if employees are absent due to injury or for public duties.
Currently the procedures that DanIndia have in place relating to equality and diversity are outdated. As the company DanIndia promote a multicultural and diverse workforce and the system that they have at present could affect their reputation. The Race Relations Act of 1976 makes discrimination on grounds of race illegal and protects future or present employees from discrimination on the grounds of race. This would include job advertisements, recruitment and selection or promotion and training opportunities.
The recruitment and selection procedures that DanIndia currently follow are causing complaints. As certain members of staff are not following the process correctly, candidates feel that they are being unfairly treated regarding their gender. The Sex Discrimination act which was introduced in 1975 protects present and future employees from gender discrimination.
5. Recommendations
5.1 Health and Safety
Regarding Health and safety, I recommend that DanIndia are up to date with legislation and have all members of staff within the company trained fully. This would ensure that employees are competent and are not injured or made ill by the work they do. A positive health and safety culture would develop amongst staff and become second nature to everyone. This would enable DanIndia to protect the health & safety of their employees, also avoiding the distress that accidents and ill health may cause. Overall, escaping the financial costs of accidents & occupational ill health.
5.2 Working Practices
With regard to working practices, I recommend an equal level of training for all employees, whether they employed on a full-time, part-time or flexi-time basis.
As most part time employees are women, DanIndia could face a claim for sex discrimination by discriminating against part-time workers. Part-timers who think they have been treated less favourably than a full-timer could ask for a written statement of the reasons for the treatment.
An improved system should also be put in place to monitor the amount of hours that employees are working, to make sure that they fulfil their contracted hours. This would enable DanIndia to dismiss a worker who is not working the hours agreed in their contract. Monitoring would show that the company had a valid reason for choosing to dismiss them. Furthermore, a disciplinary procedure will show that the company acted reasonably throughout the process.
5.3 Equality and Diversity
Regarding equality and diversity, DanIndia will require professional help. This would enable the company to understand the legislation fully. DanIndia would then be able to address a range of issues related to equality and diversity, whilst developing policies for the company. Training for all employees would also raise staff awareness of cultural issues within the workplace.
5.4 Recruitment and Selection
DanIndia should speak with a professional that has experience in discrimination policies. This would allow the company to develop discrimination policies and procedures. These should be explained to management staff and employees. Training regarding discrimination should then be updated regularly and the company should have records that members of staff have received this information and fully understand it. A system should also be set up that will allow employees to report any form of discrimination. This will bring any incidents to DanIndias attention and allow then to deal with the complaints quickly.

6. References

7. Bibliography

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