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This paper provides answer to the following 2 questions –
Question 1
John Jones was taken on to help the Local Authority set up a new IT system in January 2008. He was initially sourced through an Agency, who have paid his salary for almost three years. However, John has had no contact with the Agency since he first started working for the Local Authority and his line manager signs his weekly time sheets and post them to the Agency for John each week.
He has regular appraisals with his line manager, has been told that he is subject to the Local Authority’s policies, including their sickness and holiday absence policies.
John has asked his manager on several occasions whether he could be taken on by the Council and was assured that he had nothing to worry about.
In October, following cutbacks John is told that he is no longer needed, thanked for his efforts and his job is ended at the end of the week.
John is not happy and is threatening to bring a claim against the Local Authority for unfair dismissal
You are asked to advice the HR department of the Local Authority.
1. Advise them on John’s employment status and explain why you have reached this conclusion
2. Would John be entitled to bring a claim for unfair dismissal against the Authority?
3. Would your answer change if John was bringing a claim relating to discrimination?
Question 2
"The first wave of implementation of the Equality Act will pave the way for the implementation of landmark provisions to protect disabled people from discrimination”
The Government Equalities Office spokesman (3rd July 2010 – BBC News)
In light of the new provisions of the Equality Act 2010, which came into force on 1st October 2010, critically analyse this comment and consider whether the changes in respect of disability discrimination will lead to better protection for disabled people.