Proving Race Discrimination In Employment

Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee alleging the discrimination. The UK landmark case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal’s finding of race discrimination led (after Abbey National’s refusal to comply with the Tribunal’s order to re-instate Mr Chagger to remedy its wrongdoing) to the record 2.8 million compensation order, serves to illustrate the burden of proof in race discrimination. Abbey National (being re-branded as Santander from 2010 and being part of the Banco Santander Group) employed Balbinder Chagger as one of its two Trading Risk Controllers, both managed by Nigel Hopkins. Mr Chagger was of Indian origin. He earned approximately 100,000 per year. Abbey National dismissed him in 2006, apparently for reasons of redundancy. The redundancy pool of selection was he and the other Trading Risk Controller, a white female.

The employee alleging the race discrimination must prove that his employer, on the balance of probabilities, discriminated against him on racial grounds. On the balance of probabilities means that the alleger needs to prove that it is more likely than not that the employer treated him differently on the grounds of his race; the alleger does not need to prove with absolute certainty that the employer discriminated.

The alleger must prove that he was treated less favourably than someone else (preferably a real comparator, but it could also be a hypothetical comparator) on the grounds of race. This can often be very difficult because the employer will almost always deny that the alleged discrimination had anything to do with race.

Mr Chagger established a case based on facts suggesting there had been race discrimination. The Employment Tribunal found that Mr Chagger had been selected for redundancy and had been dismissed and that a real comparator (the other Trading Risk Controller) had not. The Tribunal noted that there was a difference in race, colour and ethnic origin between Mr Chagger and the comparator. The Tribunal noted the following: Mr Chagger’s selection for redundancy was grossly unfair; Mr Hopkins had predetermined that Mr Chagger would be the employee that would be selected for redundancy; Mr Hopkins had used the redundancy selection process as a means to remove Mr Chagger from his position; Mr Hopkins had reduced Mr Chagger’s redundancy scores on matters which no reasonable employer would have taken into account; Abbey National provided no Equal Opportunity training for any of the managers it assigned to hear and decide on Mr Chagger’s issues and complaints of race discrimination; Abbey National failed to answer Mr Chagger’s Race Relations Act Questionnaire; and Abbey National was in breach of the statutory Code of Practice on Racial Policy in Employment by failing to carry out monitoring, failing to take allegations of race discrimination seriously, and failing to investigate them promptly.

If the alleger can establish a case based on facts suggesting there has been race discrimination, then the burden of proof could shift to the employer to prove otherwise. The employer will then be burdened with the task of having to prove that it would have treated in a similar way someone else who was not of the same racial group as the alleger. If the employer does not have any non-discriminatory explanation, or if the Tribunal finds the explanation inadequate or unsatisfactory, then the Tribunal must infer discrimination on racial grounds.

The Tribunal was satisfied that, on the balance of probabilities, Abbey National and Mr Hopkins had discriminated against Mr Chagger on the grounds of race in respect of his dismissal. The Tribunal, therefore, passed the burden of proof to Abbey National and Mr Hopkins to show that there was no discrimination whatsoever in respect of Mr Chagger’s selection for redundancy and dismissal.

The employer will almost always deny that the alleged discrimination had anything to do with race. The explanation that Abbey National and Mr Hopkins put forward was that the selection for redundancy and dismissal was carried out fairly. The Tribunal rejected this explanation for the factors listed above. Abbey National then put forward an alternative explanation, that Mr Hopkins and Mr Chagger could not have had any reasonable working relationship (that is, the difference in treatment suffered by Mr Chagger was for a reason other than racial grounds). The Tribunal could not rely on this explanation; it was an explanation that Mr Hopkins himself did not accept.

Entrepreneurial Options

Very few people ever got rich by working for someone else. Leaving aside pop musicians, sportsmen and similarly gifted people, the only way to acquire wealth by work is to build a business of your own. The type of business you decide upon will depend on: a) how much money you have available as start-up capital and working capital; b) your business idea; and c) your confidence level.

There are three types of business: 1) the traditional one in which you are reliant solely on your own efforts; 2) a franchise where you follow a proven idea and receive considerable training and back-up from the franchise company; and 3) network marketing.

Each business type has its pros and cons.

The traditional business requires considerable financial input, either from your own resources or part-funded by your bank. You may need to rent premises; buy equipment; hire staff; pay for advertising, brochures, stationery, and stock. A frighteningly high percentage of this type of business fails in the first year. To succeed you need: a good idea, considerable financial backing, good health, an understanding spouse, and stamina. If you do succeed you will own the business outright and benefit from all the profits.
Franchises have a high success rate. Banks like them because each franchise operation has a proven track record and thus the banks can accurately judge the risk, consequently they will lend money for this sort of start-up. However, all the support and training comes at a price: the initial entrance fee is likely to be very high, and a percentage of the business’s turnover has to be paid to the franchise company.
Network marketing, also known as multi-level marketing, has many advantages and few disadvantages. The entrance fee is low and the ongoing expenses are even lower. A network marketing business can be started in your spare time – in fact that is the best way to approach it. Start small, and keep at it. The secret is perseverance, get past the first year and you should find the business has a sound foundation from which you can build a serious income. It is said that 95% of those who survive ten years in network marketing become wealthy beyond their wildest expectations.

So which type of business is for you? If you wish to provide a service or product where you have previous experience from, say, a former employment, the traditional business will be probably be the best choice. However, if you are just tired of working for someone else and making them rich and wish to strike out on your own, then a franchise or network marketing must be the preferred option.

The choice then is determined chiefly by the funds you have access to, and the time and effort you wish to put into your enterprise. A franchise will require substantial funds and 100% commitment. You are jumping in at the deep end, although the franchise company will provide training and support to help you to swim.
On the other hand you can ease yourself gently into network marketing by starting part-time while you continue with your current employment, building your business by ploughing back profits if necessary. Persevere and there will come a time when the income from your own business will be sufficient to support you financially. You will then be able to leave your employment and concentrate on your business, spending more time on it or enjoying considerable free time with your family.

China Became The First Choice For Graduate Employment Overseas

With the wave of unemployment in the country suffers , as to the economic development of a good place to look for opportunities , it is more and more U.S. graduates be made. By the financial crisis , U.S. recession this year’s job market , the employment of college graduates face the winter . China spiraling economy, low cost of living to attract these young people come to gold . More importantly , where they have the opportunity to learn as a rookie in the United States not learn something .

Many university graduates or unemployed

“It really is not the ideal time to graduation , every day in the newspaper that the unemployed have been mergers and acquisitions and corporate news . “” I do not know what will happen tomorrow , no sense of security . ” Sam . Fort and Gill Nigeria . Seibert is a Harvard Business School ‘s Master of Business Administration , who is graduating in May of this year , is still running around trying to find work .

Sam . Nyborg said: “I close friends looking for work almost every way of thinking , even those who had received recruiting interest are worried about job opportunities may be lost at any time . ”

Raging global financial crisis led to the 2009 U.S. job market is in a recession , many college students face , ” Graduation is unemployment ” dilemma. According to ” The New York Times “reports , such as the Harvard Business School ‘s MBA graduates of top universities , at least half of previous years, people will enter the rich pay a large investment bank. However, less than before, since last year , major U.S. investment bank to senior employees who had to reluctantly must sell , not to mention the more recruits the .

The Wall Street financial crisis, the loss of at least about 40 000 job opportunities and related industries drag reduction of 13 million jobs . Conducted in April this year against the United States 35 000 850 graduates of the University to conduct a survey , in the fresh graduates , only 19.7% of people found work , and in 2007, this proportion is 51 % .

As the economy continues to worsen , this year the nation’s employers to hire university graduates than in 2008 , down 22% . more than 2 / 3 of the employers that hire new college graduates will be re- assessed , and almost all of the employers that will reduce New employees. According to newspaper reports at Harvard , Harvard Business School has hired professional counselors to help students cope with the psychological pressure of employment anxiety .

Objectives towards Beijing and Shanghai

As the domestic employment situation is grim , the United States graduates have to find another way out , but to China as their first choice of employment . Even those who spoke little or no Chinese graduates , and also to China’s rush . They have been attracted to China’s conditions : the rapid growth of the economy , low living costs, but also avoid some of the first jobs in the United States needs to pay the costs . In such favorable conditions, Beijing , Shanghai and other cities will undoubtedly become the new world of U.S. graduates in finding opportunities .

Headquartered in Beijing, ASIMCO Technology Co., Ltd. to produce auto parts mainly , its founder, Jack . Perkowski came to China in 1994 . He said: “In the past few years, I see a large number of young Americans flocked to China to find work. I came to China are catching up with Americans, the first wave of employment . now China ‘s young people are China is the second time a member of the tide . ”

Stephen is the second wave of a spray . He in 2007 from Wesleyan University, the United States after graduation , decided to go to Shanghai , a summer educational travel company engaged in the work . ” I had no knowledge of China , but they do not know Chinese, the people around me do not understand why I go to China, but I just wanted to do some personal things . ” Two years later, after the non- Beijing Profit sector and large public relations firm ‘s short-term work, Stephen has been able to speak fluent Mandarin and has become a Beijing-based Internet game company manager.

Shanghai partner of McKinsey & Company Worzel since the mid-80s since the last century has been living in China. He said that compared to the past few years , he witnessed more and more young Americans to come to China , competition drive the rapidly growing China business express . He said: ” There are many industries in China are in early stages , especially in the field of energy, young Americans are willing to come to China to meet new challenges. ”

Perkowski in China had previously served 20 years on Wall Street , he believes that many Chinese companies are looking for native speakers of English to help them in the U.S. market. Recently, he set up in Beijing, a commercial bank , although not released any jobs , but received more than 60 copies of resume, in which 1 / 3 is to young people in the United States to work in China .

More favorable conditions of work in China
China has been able to attract more foreign students to work in its booming economy is the primary cause . The global financial crisis , although China has also been some impact, but statistics from the point of view of many , is undoubtedly the best country performance in the world .

Second, foreign students in Chinese enterprises can play to their advantage. 2006 graduate of Salabeiqian . Polman came to Beijing two years ago , she was a very difficult age to find work in the United States – a Beijing Modern Dance Company ‘s program director , responsible for planning the international -type projects and the annual Beijing International Dance Festival .

Polman to get the job not because of her understanding of China , but because she was familiar with Western modern dance . The troupe’s artistic director , said the reason he was hired Polman , because she can become a dance company and the foreign exchange bonds .

Investment in Beijing for many years Perkowski said: ” Many Chinese companies are now a great need native English-speaking employees to help them develop the U.S. market . Meanwhile, Chinese companies tend to hire those familiar with Western society and the cultural identity of people . ”

Low start-up costs to attract foreign students to work in China is one of the reasons . Biology in 2008 after graduation from Harvard , Mixi Mu came to China to learn Chinese . Later, he founded a consulting firm studying for those preparing to study in the United States to provide advisory services to Chinese students . He said: “The start-up costs in China, lower than the United States . ” founded the company spent part of his savings , about 1.2 million.

Many young Americans said they have jobs to China for promotion considerations. Working in China often than in their home countries across the 1-2 , which is very attractive terms . “Think of the unemployed in the United States could face the danger , in China there is a good opportunity. ” Polman said: “There is no doubt that China is a good place for your career . back to the U.S. , I may only be held in the company Interns or at Lincoln Center tickets . ”

Related News

China attracted a large number of “foreign workers ”

Blatter, a former economics and management in 2005 was graduated from the United States to China. Quite interested in Chinese culture while working his side to learn Chinese . At that time, he set a goal for himself , working only temporary, he set up in China, a their own businesses.

Blatter usually very fond of fitness , in early 2007 , he found the Chinese market opportunities in many high-end fitness and decided to open a professional fitness center.

With the goal of starting operations after , he began to find their Chinese counterparts consulting, doing market research, targeted group … … a busy 3 months , was finally ready to complete the application for registration materials . August 2007 , he and a friend put the fitness center to do , finally opened in a high-end cell in a .

Blatter on the entrepreneurial road the past two years are satisfied . Now, he plans to open two stores .

French Linna to work in Shanghai five years , her career is the investment adviser . At first, she just wanted to come to China to study Chinese language and culture, two years after the return , did not expect this to be a wish to leave . Her change of mind is ever-changing Shanghai urban construction and economic development , ” Changes in Shanghai is fast. every day I live here full of vitality . ”

Affected by Linna , around some of her friends have fought in the Chinese venture , some of them have a successful career, while others settled in China .

Blatter and Linna such as working hard for years in China, “foreign workers “There are many . They rely on their own efforts gradually embarked on the road of entrepreneurship in China . On the future development , Blatter expressed great confidence , because ” the Chinese market is huge . ”

As China’s rapid economic development , the work of foreigners come to China every year. According to statistics, currently , there are more than 10 million foreigners working in China . They are mainly from Japan, Korea, Singapore, the United States and European countries , mostly located in Shanghai, Beijing , Guangdong, Jiangsu, Zhejiang and other places , in technology, management and so on.

Gaining Justice with Employment Solicitors

Gaining Justice with Employment Solicitors

All workers in the UK, irrespective of the industry in which they are employed, are legally entitled to certain standards in the workplace. As well as the more obvious things such as adequate health and safety levels, there are various other laws which are in place, and employment solicitors are on hand to help when employees are treated illegally.

For example, it’s a sad yet inevitable fact that some companies do not meet the minimum standards required for working conditions. Employment law solicitors can advise workers who have suffered in this area, and it needn’t cost a penny. No win no fee employment solicitors work hard from day one to get you the maximum possible compensation you deserve. Unfair Dismissal? Employment Solicitors Can Help

Losing a job is a traumatic experience at any time, but it’s even worse when it’s done illegally. Anyone who feels they have been the victim of unfair dismissal needs to contact a reliable firm of employment law solicitors. London is home to a vast number of businesses operating in all industry sectors, some of whom do not treat their staff as well as they should.

With such a wide choice of employment solicitors, London workers are never likely to be far away from a reliable firm. Whether the individual employee works for a small, family-run business or a huge multinational corporation, he or she is legally entitled to certain standards within the workplace. Making Contact with Employment Solicitors

It’s straightforward for any employee to take their case to employment law solicitors. Most employment law firms offer clients a free consultation to start with, and once they’ve assessed the merits of the case they usually act on the basis of no win no fee.

Employment solicitors have specialist knowledge of this often complex area, and will be on hand to guide clients through the whole process. A telephone call or email is all it takes to start the ball rolling and in no time, you could be under the expert guidance of employment law solicitors. With them on your side, your chances of success are greatly increased.

Employment and the Job Interview

If you are seeking employment then at some point in time you will have to have a job interview. How you are perceived at this job interview is what may get you hired so a job interview is very important for future employment. Another important factor included in this employment process is your resume. When you go in offer a job interview you have to be prepared. Just remember that Boy Scout motto of Be Prepared and do your preparation thoroughly so you can’t look back and blame your own actions and preparation for not getting the job.

The Preparation:

When you are looking for a position in just about any organization whether it be public or private or even non-profit you will need to do your homework before you apply. This should include researching the company so you know something about its history or background. Also you should find out how it is doing financially if it is publically traded or has that information available to the public. Of course if it is a private family owned company that information will not be available to you. Although you might be able to do some research if it is a licensed company or has to have a city business license.

The second step is your own preparation which includes preparing a resume that you probably will have to send along with some form of application and cover letter. If you have found the potential job online such as a government position the website will have exactly what you will need to complete and send in before you will be granted an interview. Follow these instructions exactly if you have any expectations as to getting an interview. Some of the requirements may seem strange for example a city position may ask that you hand write an outline or your thoughts on a separate piece of paper and include that with your application. If they as for it, just do it. They have their reasons which may be that they want to see if you can follow directions.

The Job Interview:

If all of your paperwork passes scrutiny you may receive a telephone call asking you to come in for an interview. If you get to this stage you really must be prepared and know something about the company or agency and also about yourself. You will have to present yourself as confident and knowledgeable. And you will have to make sure what you tell them in the interview corresponds with your resume. You may be asked to play act such as what would you do if- If this is the case just think quickly and describe your response to the best of your ability. They expect you to be nervous and would probably be surprised if you were not a bit nervous. You may also have to take some sort of written test so keep that in mind also. This is a long process which requires you to be at your very best.

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