The relevant law in regards to Andrew discriminating against Raj for being an Indian guy working in an English restaurant is outlined in the Equality. Act 2010, section 13 which talks about discrimination. Andrew discriminates Raj on a racial basis and the Equality Act addresses this in the section referring to it as direct discrimination. The law states if the “If the protected characteristic is race, less favorable treatment includes segregating B from others.” Andrew asking Raj what he does in an English restaurant is racial, Andrew’s sentiments about his performance at work are not neutral but biased on a racial basis. Thus, he is treated less favorably. After Andrew conducts a review on Raj’s performance he doesn’t necessarily tell him to improve on cleanliness because it was true but because it was racism, Earlier, nobody had complained about Raj performance which is an indication Raj was performing excellently.
Section 13 of the Equality Act sheds light on this and establishes race which consists of color, nationality or ethnic origin thus Raj case can be said to be race discrimination. What are the potential risks if the organization breaches this law? An organization is likely to face different penalties in case of breaching of the Equality Act 2010 is established and proved to be true. Racial discrimination comes with different implications. The organization is at risk for losing its working license, The Employment Tribunal might find the working conditions unfavorable for its employees and thus put a ban on the organization’s license for the offense of racial discrimination. This especially might happen to those organizations that have inducted policies of equal opportunities for workers. The organization might itself face the risk of paying the complainants some fee for its unfair practices.
The Employment Tribunal seeks to settle the hitches between the employer and employees. With compromise seeking the organization also finds it better seeking since the case is handled between both parties in an amicable manner away from the pressing court who might bring huge implications on the organizations negatively. The company might find itself laying off some of its workers which are as per the required investigation process. Laying off some of its workers facilitates transparency and indulgence. Hence, clean investigations are conducted. The laying off of the workers might have financial implications on the organization since it will have to hire new laborers to keep up with the load work of the organization. The company might find itself also facing reputational risks from the general different individuals perceive racial discrimination differently and as a result, different outcomes are expected.
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Individuals who are sensitive to racial discrimination do not like to be associated with such an organization. They might be very active with the company and after the claims; they withdraw and distance themselves from such an organization. Not only from the customers or shareholders but from workers too who will feel and find the act risky and prone to happen especially if not acted upon on time. This will make the workers in such an organization look for better working environments which racial discrimination is not exhumed and exhibited. As per the legal requirement, organizations that are found with racial discrimination are at times required to come out via different platforms and address the issue publically so at to clear and iron out on the issue With this, the consideration of the organization is evaluated and therefore a pardoning might be presented especially if a company has high market value and is of huge assistance to the state. What are the recommendations to the organization regarding the steps it should take to ensure an outcome that is both legally compliant and reasonable for the organization?
The organization should without hesitation put down an anti-discrimination policy that directly addresses the issue of racism. The company should go ahead and reinstate the consequences of racial discrimination behavior in the organization. On doing so the organization gets to caution the employees and the organization at large making the place conducive and a racism-free environment. The organization should have managers who are a blend of all races. Having leaders who are from different races makes it easier for the employees down the ladder respect the normal employees. The leadership positions, if filled by mixed races individuals then junior employees, will find it hard to offend their fellow employees as they might find it abusive not only to an individual but to the whole administration considering the upper level consists of managers from different races. The organization should hire workers from all walks of life in terms of race and ethnicity.
By doing so diversification of the workforce is maintained and implemented During the hiring process, the personnel responsible for hiring should enlighten the work candidates the policy of the organization against racism. In doing so, the candidates are prepared psychologically of the organization they willing to work long even before they get employment. The organization should give promotions to its employees on the basis of merits regardless of an individual’s race. The strategy creates a system that is not biased and most of all fair making all the employees feel appreciated and valued. The system is likely to bring people from all the races together which make the strategy a pivotal factor of prosperity in an organization. The organization should also come up a panel in the workplace that closely focuses all of its energy in cases of racism The panel will be useful in identifying cases of racism and also coming up with solutions in regard to racism cases.
The panel should also take an initiative in working hand in hand with other employees to fight against racism which keeps every department in check and racism free. The organization should put in place an open communication system that enables the employees to report on cases of racism. An open communication system helps the employees report situations that are of racism without holding back information that might be helpful in the investigation of such a case. On reporting of such a case, the organization should be efficient in addressing it right away without excuses of delay or hesitation. This helps acting on cases before they get out of hand and also shows the seriousness of the offense making the racism cases a thing of the past in the organization.
What are your recommendations to the organization in respect of avoiding the recurrence of this kind of issue? A literature work “Tackling the roots of racism: lessons for success” by Reena Bhavnani, Heidi Safia and Veena Meetoo is an article that has expansively addressed the various ways of eradication has helped the industry. The introduction and induction of equality interventions in employment have really been instrumental. Ethnicity monitoring and policy application and implication have been vital some they term as a ‘game changer. The writers say that policies that eradicate racism has made a difference in both public and private sectors. The ramification when it comes to the hiring of new employees also has contributed immensely in raising the awareness and has helped eradicate racism creating conducive workplaces.
When it comes to promotion strategy the companies should look at their strategies closely making it possible for employees of different races to experience appreciation. Basing the promotion on merit then everybody is going to work hard despite the race. The writers say that curbing racism should involve trainings that help to create awareness which in turn helps a company experience very few cases of race. Few cases of racism help the company concentrate on the goals of an organization without wasting tirne. Also the article “Understanding and addressing contemporary racism” says that constructing a formidable and permanent committee which is dedicated to specifically fighting racism and racial prejudices decrease substantially to lower levels than present earlier.
With the panel in place then it automatically becomes part and parcel of the organization governing body. Thus, the panel is responsible for making rules and regulations which are supposed to guide in curbing racism. The article stresses out on the need of a permanent body associated with the governing of the company since it will be revered by all the employees making it easier for them adhere and abide by the rules of the organizations pertaining racism The article stresses on the need of having a line of communication among itsjunior and seniors that are clear and efficient, Since the managers are a blend of all races then the issue of racism is likely to be dealt with very efficiently. The upper rank of governance as per the article, if it contains a mixture of all races then it means that an understanding of high level is maintained and issues of racism are handled with sensitivity and concern.
