C/L/41. Discrimination at Work: the Legal and Procedural Approaches (UK vs. Canada)

The purpose of this essay is to consider the employment laws in relation to discrimination and unfair dismissal issues in the work place. As this is a problem question, the issues have been dealt with a tailored manner, i.e. in such a way as to effectively deal with the particular issues raised. In the first part of the essay, I have looked at issues relating to sex discrimination, particularly in relation to women. I have considered what conditions to be satisfied before a claim for sex discrimination ought to can be brought to the employment tribunal. In the next part I look at the incidental issue of protection of wages and more specifically, the deduction of wages in retail employment. In the final part I looked at the dismissal of employees in the context of both wrongful dismissal and unfair dismissal. I have considered the procedural issues that both parties ought to subscribe to before bringing a claim to the employment tribunal. As the question asks, I have considered the legal and procedural issues using a comparative approach. The country of comparison used is Canada. Canadian labour laws are known to be historically fair and just in favour of the employee as opposed to its neighbour the United States of America, which has very stringent labour laws. The comparison carried out therefore shows that Canadian labour laws are somewhat of a mirror image rule of the UK labour laws.