Ethic Situation in the Workplace: The ACAS 2009 Code of Practice

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It is recommended that before Elodie makes any claim to the ET, she first seeks internal remedies such as ACAS . ACAS was first established under the ER(DR)A with the purpose of helping claimants avoid going to the ET , through promoting the settlements of disputes in a confidential, fast and cost-effective way.
The ACAS 2009 Code of Practice 1 on DGP was designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace
However should Elodie still decide to take her dispute to the ET she would need to be identified as a employee.

The ERA defines an employee as being someone who has entered into or works under a contract of employment and it is reasonable to suggest that Elodie is an employee as she has a continuity of service for JJ.
All employees enjoy a wide but complex set of legal rights protecting them from any acts of mistreatment from their employers or colleague. Any individual who has been treated on less favourable terms because of their race may claim for discrimination under the EqA . The EqA harmonises and simplifies the existing laws on racial discrimination into one legislation and has classed ‘race’ as a ‘protected characteristic’ , making it unlawful for anyone to discriminate an individual because of their race, colour, nationality, ethnic or national origin.
Race discrimination can arise in four ways and it is reasonable to say that there are two types present in Elodie’s situation - direct discrimination and harassment .
Direct discrimination occurs when one is able to prove that they have been treated less favourably than others in similar circumstances due to their racial background . i.e. should Elodie, be the only one dismiss...

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...rimination on the complainant or anyone else in the workplace.

To conclude, should it still be within acceptable timing, Elodie should first attempt to appeal her dismissal first before proceeding to ACAS or the tribunal.
From reading Elodie’s statement it seems that the procedure her employers took in order to dismiss her have been deemed as correct and fair, providing that her dismissal was purely in regards to her misconduct, however, there is lack of evidence or information suggesting all legal procedures were fulfilled during Elodie’s dismissal to suggest a guaranteed outcome.
Regarding her discrimination, Elodie would be entitled to finical compensation and it is in best interest that the tribunal also implement the recommendation remedy on JJ.
Finally, should Elodie still not be satisfied with the outcomes, she can go forward and make an appeal to the EAT

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