지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
The United Kingdom’s Equality Act 2010 gives the protection to employees who are discriminated against by providing them with statutory claims. This paper considers theoretical problems of legislation in the area and its history, focusing on the discriminatory dismissal.
UK’s modern anti-discrimination law began with the Race Relations Act 1965, followed by the Sex discrimination Act 1975 and the Disability Discrimination Act 1995. The last one was closely modelled on the sex and race discrimination statues, but despite its similarity to earlier legislation, some of the concepts and ideas that it employed were quite different. The Equality Act 2010 is the statutory legislation witch consolidates all these anti-discrimination laws into one statute to provide a coherent, simplified, and comprehensible theoretical structure to discrimination law.
There are three main forms of prohibited discrimination: direct, combined, and indirect, and all these forms are connected with 9 protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Discriminatory dismissal is almost bound to be unfair under ERA 1996, but in contrast to most unfair dismissal claims, there are some advantages to employees sacked: no qualifying period is required, on statutory upper limit on compensation, the changes made to the law governing the burden of proof, and a wider category of employed persons.
UK’s modern anti-discrimination law began with the Race Relations Act 1965, followed by the Sex discrimination Act 1975 and the Disability Discrimination Act 1995. The last one was closely modelled on the sex and race discrimination statues, but despite its similarity to earlier legislation, some of the concepts and ideas that it employed were quite different. The Equality Act 2010 is the statutory legislation witch consolidates all these anti-discrimination laws into one statute to provide a coherent, simplified, and comprehensible theoretical structure to discrimination law.
There are three main forms of prohibited discrimination: direct, combined, and indirect, and all these forms are connected with 9 protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Discriminatory dismissal is almost bound to be unfair under ERA 1996, but in contrast to most unfair dismissal claims, there are some advantages to employees sacked: no qualifying period is required, on statutory upper limit on compensation, the changes made to the law governing the burden of proof, and a wider category of employed persons.
목차
Ⅰ. 들어가며
Ⅱ. 영국의 차별법제 연혁과 2010년 평등법
Ⅲ. 차별의 유형과 해고
Ⅳ. 영국 법제의 시사점
Ⅴ. 나가며
참고문헌
Abstract
참고문헌 (13)
참고문헌 신청
1. [보고서] - 구미영 / 2011 / 영국 평등법 개정의 주요 내용, 국제노동브리프
3. [학술지(정기간행물)] - 전형배 / 2010 / 동일가치노동의 평가 - 영국의 선례와 시사점 - / 법조 59 (5) : 269 ~ 299
4. [학술지(정기간행물)] - Anna Lawson / 2011 / Disability and Employment in the Equality Act 2010: Opportunities Seized, Lost and Generated / ILJ 40 : 359 ~
5. [학술지(정기간행물)] - Charles Wynn-Evans / 2009 / Age Discrimination and Redundancy / ILJ 38 : 113 ~
6. [학술지(정기간행물)] - Jackie Davies / 2000 / Reconciling risk and the employment of disabled persons in a reformed welfare state / ILJ 29 : 347 ~
3. [학술지(정기간행물)] - 전형배 / 2010 / 동일가치노동의 평가 - 영국의 선례와 시사점 - / 법조 59 (5) : 269 ~ 299
4. [학술지(정기간행물)] - Anna Lawson / 2011 / Disability and Employment in the Equality Act 2010: Opportunities Seized, Lost and Generated / ILJ 40 : 359 ~
5. [학술지(정기간행물)] - Charles Wynn-Evans / 2009 / Age Discrimination and Redundancy / ILJ 38 : 113 ~
6. [학술지(정기간행물)] - Jackie Davies / 2000 / Reconciling risk and the employment of disabled persons in a reformed welfare state / ILJ 29 : 347 ~
이 논문과 연관된 판례 (2)
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2014-330-003652639