Practice questions 399n The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations
2002 provide that fixed-term workers should not be treated less favourably than other
workers.
n The Rehabilitation of Offenders Act 1974 allows people whose convictions have
become spent to deny that they have ever been convicted.
n The Health and Safety at Work Act 1974 allows delegated legislation on health and
safety matters to be passed. It also provides a framework of the law and sets out
various enforcement procedures.
n Employers owe a duty of care to their employees. If this duty is breached, and this
breach causes the claimant to suffer a foreseeable type of injury, then the employee
can sue in the tort of negligence.
Practice questions
1 Alicia works as a computer operator for Cheapco Ltd in Nottingham. She is paid £6.80 an
hour. Bert, who has worked in the same office as a computer operator for ten years, is paid
£7.80 an hour. If any of the computer operators experience a problem, Bert is required to pro-
vide assistance, although such assistance is very rarely in fact needed. Alicia has heard that
computer technicians employed by Cheapco Ltd in London earn £10 an hour and that female
computer operators employed by a subsidiary company of Cheapco Ltd earn £7.90 an hour.
Advise Alicia as to whether or not there are grounds on which she might bring a claim for
equal pay and of any defences which Cheapco Ltd might have.
2 Benjamin is a Rastafarian. Three years ago, Benjamin was injured in a car crash and this has
confined him to a wheelchair. Benjamin works as an accounts clerk at a local college. As part
of a major reorganisation, the college is moving the accounts department onto the third floor
from the ground floor where it is currently situated. The college does not have a lift. Benjamin
tells his office manager that he will not be able to work on the third floor as he will not be able
to negotiate the stairs. The manager says that if Benjamin cannot get to the third floor, he will
have to leave the job. Benjamin was considering applying for a job advertised by a different
employer. However, the advertisement said: ‘Must be of smart appearance, no Rastas,
ear-rings etc.’ Benjamin applied for the job anyway. He was invited for an interview but when
the employer saw his dreadlocks he refused to interview him.
Advise Benjamin as to any rights he might have against his current employer or against
the employer who refused to interview him.
3 Unsafe Ltd is a manufacturer of furniture. It has recently come to light that guards have been
removed from electric saws and that workers have been continuously exposed to leather
dust. The office typist has developed a bad back after typing while sitting on a dining-room
chair provided by the company. No risk assessment has ever been carried out and individual
workers in the despatch area are expected to lift sofas onto lorries without any assistance.
Explain the criminal offences which might have been committed and the powers of health and
safety inspectors to investigate and make Unsafe Ltd’s premises safe.
4 Charlie has worked in a bakery for seven years. The work is somewhat monotonous and
Charlie seeks to enlighten the atmosphere by playing practical jokes. Charlie climbed into
one of the mixing machines so that he could leap out and give a fellow employee, David, a