Harassment at Work as Discrimination: The Current Debate in England and Wales

1998 ◽  
Vol 3 (2) ◽  
pp. 91-114
Author(s):  
Pauline Roberts ◽  
Lucy Vickers

In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.

2007 ◽  
Vol 191 (2) ◽  
pp. 106-112 ◽  
Author(s):  
Lisa A. Page ◽  
Shakoor Hajat ◽  
R. Sari Kovats

BackgroundSeasonal fluctuation in suicide has been observed in many populations. High temperature may contribute to this, but the effect of short-term fluctuations in temperature on suicide rates has not been studied.AimsTo assess the relationship between daily temperature and daily suicide counts in England and Wales between 1 January 1993 and 31 December 2003 and to establish whether heatwaves are associated with increased mortality from suicide.MethodTime-series regression analysis was used to explore and quantify the relationship between daily suicide counts and daily temperature. The impact of two heatwaves on suicide was estimated.ResultsNo spring or summer peak in suicide was found. Above 18 °, each 1 ° increase in mean temperature was associated with a 3.8 and 5.0% rise in suicide and violent suicide respectively. Suicide increased by 46.9% during the 1995 heatwave, whereas no change was seen during the 2003 heat wave.ConclusionsThere is increased risk of suicide during hot weather.


2021 ◽  
Vol 13 (3) ◽  
pp. 2675-2688
Author(s):  
Riana Nurhayati ◽  
Siti Irene Astuti Dwiningrum ◽  
Ariefa Efianingrum

Bullying is an unpleasant act that is still a problem in the school environment. To find out about school policy innovations in an effort to reduce the impact of bullying behavior, this will illustrate the relationship between bullying perpetrators and victims of bullying in SMA as well as school policy innovations to reduce the impact of bullying. This research was conducted in high school students of all levels with the number of respondents 1119 students in Indonesia. Descriptive approach with mixed methods. The sample / respondent was determined by purposive sampling technique. The data used a questionnaire and were analyzed with proportions and conducted FGD and interviews with teachers in SMA. The results of the study concluded that: 1) The value of r-count (Pearson Correlations) of the bullying was 0.186 r-table 0.062 and the r-count value for the bullying victim aspect was 0.139 r-table 0.062, meaning that the relationship between the two variables was positive and increased the bullying and victims of bullying, there will also be increased assistance and support from parents, teachers and friends; 2) The solution to reduce bullying effects must implement policies at the macro, meso and micro levels that work systemically and in synergy by creating creative and innovative programs. With the existence of an effective and innovative school policy, bullying cases that occur in schools can be minimized in terms of quality and quantity.


2005 ◽  
Vol 34 (4) ◽  
pp. 316-335 ◽  
Author(s):  
David McArdle

Personal injury at common law has spawned many cases where sports participants have inflicted injury either upon other participants or upon spectators/bystanders. This paper is not an exhaustive analysis of those ‘sports torts' cases but focuses instead upon the impact of Wooldridge v Sumner, a Court of Appeal decision that was legally sound but based upon highly significant errors of fact, and which has subsequently been advanced before the courts in two jurisdictions as authority for untenable propositions that concern both the standard of care and the duty of care owed by sports participants. While a consideration of the authorities prior to Wooldridge illustrates that there was never a basis at common law for the argument that either the standard or the duty of care differed from that pertaining in non-sporting contexts, the case has been appropriated by counsel in order to argue along those lines even though Wooldridge is not authority for either proposition. On some occasions those arguments have actually received the support of the courts of England and Wales and of the Canadian Province of British Columbia. Despite the existence in both jurisdictions of more recent authorities that ought to have heralded the demise of both concepts, they have proved remarkably tenacious.


Author(s):  
Kevin Gray ◽  
Susan Francis Gray

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter introduces a number of concepts that are fundamental to an understanding of the contemporary law of land in England and Wales. It discusses: definition of ‘land’ as physical reality; the notion of abstract ‘estates’ in land as the medium of ownership; the relationship between law and equity; the meaning of ‘property’ in land; the impact of human rights on property concepts; the ambivalence of common law perspectives on ‘land’; the statutory organisation of proprietary rights in land; and the underlying policy motivations that drive the contemporary law of land.


2020 ◽  
Vol 52 (10) ◽  
pp. 1562-1592
Author(s):  
Ashley M. Alteri

Since 1978, the government has been implementing programs to combat the underrepresentation of minorities in federal employment. However, representative bureaucracy literature has done little to examine the impact these initiatives are having on the workplace. This article examines the relationship between changes in representation and discrimination complaints. Increases in the ratio of minority and female employees predict an increase in the rates of race and sex-discrimination complaints, respectively. Increases in the ratio of Black/African American and Asian employees predict an increase in race-discrimination complaints. However, the ratio of employees ages 40 or above did not predict changes in age discrimination.


Author(s):  
Dickson Brice

This chapter focuses on explaining the kinds of cases which Ireland’s Supreme Court is authorised to deal with and how it has had very little choice over which cases are brought to it. It analyses relevant legislative provisions, some of which date back to 1924. The relationship between the Supreme Court and the Court of Criminal Appeal is covered, as are the reasons for the rise in the Supreme Court’s workload since the 1990s. The history of reform proposals is set out and the impact of the new Court of Appeal is considered. The chapter also examines the point that pre-1922 legislation is presumed to continue to apply in Ireland unless Parliament has changed it and shows how the Supreme Court has been careful to ensure that people other than judges do not exercise what is in effect a judicial function. The ‘non-justiciable’ principle is also considered.


Urban Studies ◽  
2019 ◽  
Vol 57 (2) ◽  
pp. 323-349 ◽  
Author(s):  
Camilla Lenzi ◽  
Giovanni Perucca

The importance of innovation for economic performance and competitiveness, whatever the level of analysis adopted, is uncontroversial. Yet little is known about the relationship between innovation and (subjective) wellbeing. This paper empirically studies this issue in a spatial perspective by arguing that the expected positive link between innovation and wellbeing can be even more complex than might be thought, and by testing the expectation that this relationship varies according to the different types of innovation and spatial setting considered. The analysis takes advantage of regionalised data sets at the EU level on wellbeing derived from various waves of Eurobarometer surveys in the period 2007–2011, and on regionalised patents and trademarks, thus merging individual and regional data. The results indicate that different types of innovation have different impacts on wellbeing across space. Technology-intensive innovation, such as patents, yields its benefits only in the most urbanised regions, while the impact of less technology-intensive innovation, such as trademarks, is undifferentiated across space. Spatial spillover effects also play an important role for individual wellbeing, regardless of the type of innovation and the degree of urbanisation of a region. Some reflections on regional innovation policies are finally proposed and discussed with reference to the current debate on place-based regional policies.


Author(s):  
Brynne D. Ovalle ◽  
Rahul Chakraborty

This article has two purposes: (a) to examine the relationship between intercultural power relations and the widespread practice of accent discrimination and (b) to underscore the ramifications of accent discrimination both for the individual and for global society as a whole. First, authors review social theory regarding language and group identity construction, and then go on to integrate more current studies linking accent bias to sociocultural variables. Authors discuss three examples of intercultural accent discrimination in order to illustrate how this link manifests itself in the broader context of international relations (i.e., how accent discrimination is generated in situations of unequal power) and, using a review of current research, assess the consequences of accent discrimination for the individual. Finally, the article highlights the impact that linguistic discrimination is having on linguistic diversity globally, partially using data from the United Nations Educational, Scientific and Cultural Organization (UNESCO) and partially by offering a potential context for interpreting the emergence of practices that seek to reduce or modify speaker accents.


2010 ◽  
Vol 20 (1) ◽  
pp. 3-8
Author(s):  
Dee Adams Nikjeh

Abstract Administrators and supervisors face daily challenges over issues such as program funding, service fees, correct coding procedures, and the ever-changing healthcare regulations. Receiving equitable reimbursement for speech-language pathology and audiology services necessitates an understanding of federal coding and reimbursement systems. This tutorial provides information pertaining to two major healthcare coding systems and explains the relationship of these systems to clinical documentation, the Medicare Physician Fee Schedule and equitable reimbursement. An explanation of coding edits and coding modifiers is provided for use in those occasional atypical situations when the standard use of procedural coding may not be appropriate. Also included in this tutorial is a brief discussion of the impact that the Medicare Improvements for Patients and Providers Act of 2008 (HR 6331 Medicare Improvements for Patients and Providers Act [MIPPA], 2008) has had on the valuation of speech-language pathology procedure codes.


2014 ◽  
Vol 22 (4) ◽  
pp. 194-201 ◽  
Author(s):  
Freda-Marie Hartung ◽  
Britta Renner

Humans are social animals; consequently, a lack of social ties affects individuals’ health negatively. However, the desire to belong differs between individuals, raising the question of whether individual differences in the need to belong moderate the impact of perceived social isolation on health. In the present study, 77 first-year university students rated their loneliness and health every 6 weeks for 18 weeks. Individual differences in the need to belong were found to moderate the relationship between loneliness and current health state. Specifically, lonely students with a high need to belong reported more days of illness than those with a low need to belong. In contrast, the strength of the need to belong had no effect on students who did not feel lonely. Thus, people who have a strong need to belong appear to suffer from loneliness and become ill more often, whereas people with a weak need to belong appear to stand loneliness better and are comparatively healthy. The study implies that social isolation does not impact all individuals identically; instead, the fit between the social situation and an individual’s need appears to be crucial for an individual’s functioning.


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