The Impact Of Effective Leadership

The Impact Of Effective Leadership Abstract Purpose This study helps us to determine how sales managers leadership style impacts their subordinates organizational work performance on routine tasks as well as on work unit projects. The study will further help the managers to adapt their leadership styles in order to enhance subordinates work performance, and consequently increase overall efficiency of the organization. Academically, this compilation will provide additional insights into the leadership field by contributing to the future development of this study area. Design/methodology/approach Leadership styles and work performance will be measured by a self formulated questionnaire after assessing their reliability and validity. A total of 200 respondents (middle managers with their respective subordinates) working in oil companies of Lahore, Pakistan will be surveyed in the study. Significance of the study By applying the results in practice, managers can adjust their leadership style to facilitate their subordinates to yield high work performance, whereas the human resource management function of oil companies can integrate these results for further enhancing leadership development in their organization. Originality/value This paper is the first attempt to understand the influence of transformational, transactional and laissez-faire leadership styles on work performances of subordinates in the oil industry of Pakistan. Introduction Effective leadership is a driving force for the accomplishment of organizational goals and leadership behavior is an important variable having significant impact on the success of project management (Gharehbaghi and McManus, 2003). Enshassi and Burgess (1991) studied the relationship between leadership styles of several managers and their effectiveness in the Middle East. They found a strong association between managers style and their effectiveness. The high task and high employee orientation style is the most effective style in managing multi-cultural workforces. Managers need to be friendly, accessible, and understanding of their subordinates personalities and requirements with all employees on a project. In addition, they have to be task oriented in order to have control over the process of the work and achieve the target. In the real world there are many subordinates are facing problems which impact their work performances which can be traced to the leadership practices adopted by their respective supervisors. Some of these subordinates may have insufficient competencies or their traits may not fit with the nature of their work or in many cases the supervisor also tend to use inappropriate leadership styles in dealing with their subordinates at various points of times. Superior performance that helps the organization to achieve organizational goals is the prime aim of effective leadership. To achieve superior performance from subordinates, Supervisors must make use of appropriate leadership styles. They should also recognize their subordinates individual needs and their future career goals. Leadership research in oil companies can give us insight on work performance and its impact on companies routinely project outcomes. Appropriate leadership approach can shape subordinates performance in a desirable way and facilitate managerial projects to go smoothly. In addition, adopting suitable leadership approach will create subordinate satisfaction. Satisfied subordinates are likely to put much effort into their work. This study explores the actual leadership styles of few oil companies of, Pakistan and examines the relationships between: Leadership styles on work performance The purpose is to determine What is the most appropriate leadership style for Pakistani Supervisors in this modern time? Once the right leadership style has been identified, applying the style in practice should lead to efficiency in subordinates work performance, and consequently benefit these supervisors who are ultimately responsible for the success of achieving and exceeding sale quotas and other managerial projects. The right leadership style should be able to push subordinates to complete assignments timely and correctly while at the same time, bringing out the best in them. Lastly, professional respect and commitment to the Organization is additional benefits that may accrue through effective leadership Leadership and work performance Leadership can be described in terms of the power, position, personality, authority and responsibility, mostly used as a facilitation process to achieve a goal. Therefore, the definition of leadership used in the present study is the process is defines as (act) of influencing the activities of an organized group in its efforts toward goal setting and goal achievement (Stogdill, 1950) Statement of the problem This study aims at analyzing the relationship of three Leadership Styles i.e. Laissez-faire, Transformational and Transactional leadership styles and subordinates work performance in the marketing and sales departments of various oil and gas companies operating in Pakistan. The study will take into account the effect of the 9 leadership behaviors i.e. idealized influence (attributed), idealized influence (behavioral), intellectual stimulation, individualized consideration, inspirational motivation, contingent reward, management-by-exception (active), management-by-exception (passive) and laissez-faire (no leadership) on the 7 work performance variables i.e. quality of work, quantity of work, creativity in problem solving, team work, discipline, dependable And overall job satisfaction Significance of the problem This study helps us to understand how marketing and sales managers leadership styles and affect their subordinates organizational work performance on various managerial projects.By applying the results in practice, managers can adjust their Leadership style to facilitate their subordinates to yield high work performance, whereas the human resource management function of oil companies can integrate these results for further enhancing leadership development in their organization. Objectives of the study 1) To what extent are these leadership styles present at the managerial level in these departments 2) To determine any relationship, if it exists, between a particular leadership style of sales/ marketing managers/supervisors and its subordinate perceived job performance and/or job satisfaction Scope of the Study The study aimed at answering the following research questions: Q1. Which is leadership style (laissez-faire, transactional or transformational) is present in the organization? Q2. What is the relationship between transformational leadership style and greater quality of work from the subordinate? Q3. What is the relationship between transformational leadership style and greater quantity of work from the subordinate? Q4. What is the relationship between transformational leadership style and higher creativity in problem solving of the subordinate? Q5. What is the relationship between transformational leadership style and higher level of discipline in the subordinate? Q6. What is the relationship between transformational leadership style and higher dependability in the subordinate? Q7. What is the relationship between transformational leadership style and higher teamwork in the subordinate? Q8. What is the relationship between transformational leadership style and overall satisfaction in the subordinate? Q9. What is the between transactional leadership style and greater quality of work from the subordinate? Q10. What is the relationship between transactional leadership style and greater quantity of work from the subordinate? Q11. What is the relationship between transactional leadership style and higher creativity in problem solving of the subordinate? Q12. What is the relationship transactional between leadership style and higher level of discipline in the subordinate? Q13. What is the relationship transactional between leadership style and higher dependability in the subordinate? Q14. What is the relationship between transactional leadership style and higher teamwork in the subordinate? Q15. What is the relationship between transactional leadership style and overall satisfaction in the subordinate? Q16. What is the between Laissez-faire leadership style and greater quality of work from the subordinate? Q17. What is the relationship between Laissez-faire leadership style and greater quantity of work from the subordinate? Q18. What is the relationship between Laissez-faire leadership style and higher creativity in problem solving of the subordinate? Q19. What is the relationship Laissez-faire between leadership style and higher level of discipline in the subordinate? Q20. What is the relationship Laissez-faire between leadership style and higher dependability in the subordinate? Q21. What is the relationship between Laissez-faire leadership style and higher teamwork in the subordinate? Q22. What is the relationship between Laissez-faire leadership style and overall satisfaction in the subordinate? Definition of major terms and formation of the questionnaire Effective Leadership The present study uses effective leadership approach to identify the leadership style of middle management. In this approach, leadership is conceptualized by the behavioral areas from laissez-faire style (non-leadership), through transactional leadership (which hinges on reward system and punishments), to transformational leadership (which is based on inspiration and behavioral charisma) (Bass and Avolio, 1993). The various components are now elaborated. Laissez-faire style. An avoidant leader may either not intervene in the work affairs of subordinates or may completely avoid responsibilities as a superior and is unlikely to put in effort to build a relationship with them. Laissez-faire style is associated with dissatisfaction, unproductiveness and ineffectiveness (Deluga, 1992). Transactional style. Transactional leaders focus mainly on the physical and the security needs of subordinates. The relationship that evolves between the leader and the follower is based on bargaining exchange or reward systems (Bass, 1985; Bass and Avolio, 1993). Transformational style. Transformational leader encourages subordinates to put in extra effort and to go beyond what they (subordinates) expected before (Burns, 1978). The subordinates of transformational leaders feel trust, admiration, loyalty, and respect toward leaders and are motivated to perform extra-role behaviors (Bass, 1985; Katz and Kahn, 1978).Transformational leaders achieve the greatest performance from subordinates since they are able to inspire their subordinates to raise their capabilities for success and develop subordinates innovative problem solving skills (Bass, 1985; Yammarino and Bass, 1990).This leadership style has also been found to lead to higher levels of organizational commitment and is associated with business unit performance (Barling et al., 1996). The following discussions on leadership factors and leadership outcomes are extracted from Bass and Avolios (2004) MLQ manual. Leadership factors The leadership factors used to measure transformational, transactional and laissez-faire leadership style in this study are from the Multifactor Leadership Questionnaire (MLQ) developed by Bass and Avolio based on the theory of Transformational leadership. They are: (1) Laissez-faire factor: The non-leadership. Leaders in this type will always avoid getting involved when important issues arise and avoid making decisions. (2) Transactional leadership factors: Contingent reward. This factor is based on a bargaining exchange system in which the leader and subordinates agree together to accomplish the organizational goals and the leader will provide rewards to them. Leaders must clarify the expectations and offer recognition when goals are achieved. Management-by-exception (active). The leader specifies the standards for compliance, as well as what constitutes ineffective performance, and may punish subordinates for being out of compliance with those standards. This style of leadership implies closely monitoring for mistakes, and errors and then taking corrective action as quickly as needed. Management-by-exception (passive). Passive leaders avoid specifying agreements, clarifying expectations and standards to be achieved by subordinates, but will intervene when specific problems become apparent. This style does not respond to situations and problems systematically. (3) Transformational leadership factors: Idealized influence charisma. This factor consists of firstly, idealized influence attributed, and secondly, idealized influence behavioral. They are the charismatic elements in which leaders become role models who are trusted by subordinates. The leaders show great persistence and determination in the pursuit of objectives, show high standards of ethical, principles, and moral conduct, sacrifice self-gain for the gain of others, consider subordinates needs over their own needs and share successes and risks with subordinates. Inspirational motivation. Leaders behave in ways that motivate subordinates by providing meaning and challenge to their work. The spirit of the team is aroused while enthusiasm and optimism are displayed. The leader encourages subordinates to envision attractive future states while communicating expectations and demonstrating a commitment to goals and a shared vision. Intellectual stimulation. Leaders stimulate their subordinates efforts to be innovative and creative by questioning assumptions, reframing problems, and approaching old situations in new ways. The intellectually stimulating leader encourages subordinates to try new approaches but emphasizes rationality. Individualized consideration. Leaders build a considerate relationship with each individual, pay attention to each individuals need for achievement and growth by acting as a coach or mentor, developing subordinates in a supportive climate to higher levels of potential. Individual differences in terms of needs and desires are recognized. Work performance The success of a project is usually stated in terms of meeting three major objectives: completion on time, completion within budget, completion at the desired level of quality or technical specification (Tukel and Rom, 2001; Xiao and Proverbs, 2003).Atkinson (1999) called these three criteria the iron triangle or golden triangle. In this study, the performance levels of subordinate were measured in the direction which would support the success of meeting deadlines achieving sales targets and completion of various other managerial projects. Thus they were measured from firstly, work quantity (achievement compared with the planned schedule), and secondly, work quality (fit with the desire level of supervisory requirement). In addition, when working in the organization on various projects, people have to coordinate and work together as a team hence teamwork and work disciplines are the important qualities they should occupy (Sanvido et al., 1992; Nguyen et al., 2004). Besides, meeting w ith various customers nature is a daily operation where unpredictable problems occur regularly, creativity in problem solving and the level of dependability on handling routine work and new assignments is an essential quality that the subordinates must posses (Nguyen et al., 2004; Nitithamyong and Tan, 2007). Thus these performance aspects needing to be measured from subordinates include: work quantity, work quality, dependability, team work; creativity in problem solving, work discipline and overall job satisfaction. Together, the seven are used as measures of work performance. The samples There is no list of routinely managerial work projects of oil and gas companies of Pakistan, therefore a non-probability sampling incorporating snowball technique will be adopted selecting 25 qualified Areas Sales Managers (supervisors) and 175 sales manager(subordinates) Research instrument A questionnaire survey was adopted for collecting data because of its advantage in yielding responses in standard format from a large number of respondents and the benefit of collecting data from respondents from geographically dispersed locations. The measurements adopted in the questionnaires are: Effective Leadership styles in this research will be measured by studying the definitions as given by Bass and Avolios (2004) in their multifactor leadership questionnaire (MLQ) Form 5X. and then formulating a questionnaire on leadership style. 2 statements are used to measure each behavior therefore a total of 18 statements of Likert scale are self formulated. The measurement required sales managers to rate each statement on a five-point rating scale ranging from strongly disagree to Strongly agree based on their experience with their supervisor. Work performance. A rating tool was devised for Area Sales Managers (supervisors) to evaluate their subordinates work performance. The measurement required Area Sales Managers to rate each statement on a five-point rating scale ranging from strongly Disagree to Strongly Agree based on their experience with the subordinates. Statements focused on 7 components of subordinates work performance as discussed previously. Literature Review According to Mustapha and Naoum (1998), team management style (9, 9) was chosen by all high performing managers as their preferred management style. The finding further showed a significant association between the level of authority given to the managers and their level of effectiveness. High performing managers were given higher authority than moderate performing ones. Odusami et al. (2003) concluded that there was significant relationship between the project leaders professional qualification, his leadership style, team composition and overall project performance. The most appropriate leadership style identified in their research is consultative autocrat which is similar to team management used in Mustapha and Naoums (1998) study. Other group of scholars explained that leadership behaviour is culturally determined and different from culture to culture. (Burger and Bass, 1979; Lok and Crawford, 2004). National culture can produce statistically significant moderating effects on the impact of leadership on outcomes, subordinates performance, expectations, organizational commitment and job satisfaction are vary from country to country because of the dissimilarity in cultures as well (Al-Meer, 1989; Hofstede, 1991). Besides, some scholars have conducted the research on the relationship between leadership and its outcomes such as satisfaction, work performance, commitment and their result showed the positive association between them (Euske and Jackson, 1980; Savery, 1994). Therefore, it can be assumed that the variations in leadership styles and individuals preferences are influences from cultures variations would lead to differences in outcomes. Yukongdi (2004) revealed that the most preferred management style by t he employees was consultative management, followed by participative, paternalistic, while the least proportion of employees preferred an autocratic manager. Employees who perceived their managers to be more democratic also reported a higher level of influence in decision making, greater satisfaction with participation, and job satisfaction. Numerous scholars have provided evidence contradicting the above. For instance; Kumbanaruk (1987) observed that employees are accustomed to a tradition of a top-down approach with employees receiving orders rather than thinking by themselves and expressing their own ideas. Thai culture is characterised by a tight hierarchical social system, accepted existential inequality and a strong value of relationships (Komin, 1990). Kumbanaruk (1987) and Komin (1990) suggested that employees might feel uncomfortable working in a participative work setting. Involvement in decision-making may bring unwanted responsibilities to subordinates (Rohitratana, 1998) . Thai culture, long time ago, does not encourage subordinates to dare to make mistakes, nor to take initiative but favour avoiding taking risks, because risk means bringing on more uncertain situations and increasing responsibilities (Holmes and Tangtongtavy, 1995). Therefore, it seems reasonable to reveal that working under a participative leader may not necessarily lead to greater job satisfaction among some employees. Hofstede (1980) remarked that in countries in which most employees are afraid to disagree with their managers (high power distance countries); subordinates prefer managers spread across the autocratic or paternalistic styles. Consequently, it is logical to predict that a larger proportion of such employees will prefer either an autocratic or paternalistic manager, while fewer employees would prefer a consultative manager. According to Lok and Crawford (2004), it was expected that higher initiating structure leadership style would provide greater commitment and job satisfaction in Asian firms whereas, higher consideration leadership style would provide greater commitment and job satisfaction in a western firm. Brown (2003) summarised the concept of task-oriented and relation-oriented leadership from several scholars in his research. He revealed that task oriented leadership have included initiating structure; concern with production; autocratic; achievement oriented; goal-achieving include contingent reward; management by exception (active) and management by exception (passive). Relations oriented leadership, or consideration consists of idealized influence (attributed); idealized influence (behavior); individualized consideration; intellectual stimulation and inspirational motivation. According to Burns (1978), transactional leadership is the fundamental of one person taking the initiative in making contact with others for the purpose of an exchange of valued things or bargaining process. It involves rewards and Punishments. Transactional lea ders must identify and clarify to subordinates about the setting role, task requirements, performance expectations and the distribution of rewards and punishment according to performance (Bass, 1985) whereas transformational leadership occurs when leaders and followers raise one another to higher levels of motivation and morality. The transformational leader exhibits charisma, develops a vision, provides inspiration, motivates by creating high expectations and modeling appropriate behaviors, gives consideration to the individual, pays personal attention to followers, provides intellectual stimulation, and challenges followers with new ideas and approaches (Burns, 1978). From the foregoing, transactional leadership is akin to initiating structure or task orientation whereas the transformational style is similar to consideration or relations orientation. Brazier (2005) indicated that organic or flatter structures type of organization with decentralized decision making and low power di stance of most Western firms tends to facilitate a more transformational leadership style while bureaucratic structures with high power distance and high collectivism of Asian firms encourage a more transactional style. Besides, the relationship between organizational commitment and work performance has also been examined by Mowday et al. (1974) and their result indicated that these two variables are positively linked to each other whereas Porter and Steers (1973) found positive relationship between organizational commitment and job satisfaction. Therefore, a transactional leader is capable of facilitating the formation of a group which performs at higher commitment and work performance level to the organization in the Asian context or eastern background. Hypothesis Development I therefore hypothesized the following for Pakistan: H0. There is no leadership approach present in the organization H1. There is no relationship between Laissez-faire leadership style and work performance of the subordinate H2. There is no relationship between transactional leadership style and work performance of the subordinate H3. There is no relationship between transformational leadership style work performance of the subordinate The focus of this research is on leadership styles and their effects on subordinates work performance. Data on leadership style shall be gathered from the subordinate group whereas supervisors will be providing data on their subordinates work performance level based on their judgment. The sales and marketing departments of oil companies mainly multinationals operating in Pakistan usually have one area sales manager who receives direct instructions from the national sales manager at the same time supervises 5 to 8 sales officers (subordinates). Thus, there are direct contacts and relationships between area sales managers and his subordinates. Therefore, sales officers, as direct subordinates of the Area Sales Managers are chosen as the respondents to provide data on the leadership styles and personal competencies of their Area Sales Managers. On the other hand, Area Sales Managers provided data on the work performance of their direct subordinates. The Job description of Area sales manager is managing portfolios, developing a customer base necessary to meet all forecasts and budgets, aligning the number of distributors in the territory by strategic consolidation to increase companies ROI, articulating year on year sales forecasts for procurements at supply chain which helps in minimizing warehousing costs, developing trade promotions scheme for distributors to enhance brand image and sales volume, in close coordination with the brand team, working as a point of contact for customers which ensures smooth business transactions at all levels, keeping close follow ups with all team members prospecting for new business, preparing and presenting proposals and maintaining existing relationships. Thus, it is necessary that both Supervisors and their subordinates are qu alified to be selected for data collection. This reduces the potential bias. The top oil companies of Pakistan were identified and a full set of questionnaires (one for the Area Sales Managers and four to eight for subordinates) were then sent to each qualified work unit with the covering letter explaining the objectives of the study and assuring respondents of confidentiality and urging them to participate in the study.

Critically discuss the extent to which the duty to make reasonable adjustments has eliminated discrimination and inequality of opportunity faced by disabled individuals

Introduction The Government described the duty to make reasonable adjustments as â€Å"a cornerstone of the [Equality] Act and requires employers to take positive steps to ensure that disabled people can access and progress in employment.† On the face of it, this should have resulted in a decrease of disability discrimination in the UK, unfortunately has not been the case. This essay will critically discuss the extent to which the introduction of reasonable adjustments has been successful in the UK, and whether or not the duty to make reasonable adjustments has eliminated discrimination and inequality of opportunity faced by disabled individuals. This essay will focus upon disability and employment as its main point of reference to highlight any discrepancies between non-disabled and disabled people in the workplace. Background to the Equality Act 2010 Disability is defined in the Equality Act 2010 in Section 6(1) as meaning a physical or mental impairment, which adversely affects normal day-to-day activities, with the adverse effect needing to be substantial. Instead of a list of disabilities that are capable of this definition, the Act has given a broad definition, which the disability would have to adhere to if a Claimant is to be successful in their claim. Whether or not a person is disabled is often the first hurdle for an Applicant and can be the most contentious in employment litigation. Discrimination is defined in the Act as when, â€Å"A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.† Prior to 2010, the Disability Discrimination Act 1995 was the leading statute in this area, ensuring employers were under a duty to make reasonable adjustments for their disabled employees. The House of Lords in Archibald v Fife Council stated that, â€Å"The DDA does not regard the differences between disabled people and others as irrelevant. It does not expect each to be treated in the same way. The duty to make adjustments may require the employer to treat a disabled person more favourably to remove the disadvantage, which is attributable to the disability. This necessarily entails a measure of positive discrimination.† This case was the first substantial case to be litigated on the basis of making reasonable adjustments. The employee had been dismissed on the bas is that they could no longer fulfil their job duties following an operation. This was a discrimination claim and the House of Lords held that there had been a failure by the employer to make reasonable adjustments. Current Law As the law currently stands, the duty to make reasonable adjustments is found in Section 20 of the Equality Act 2010, which states that this duty is comprised of three requirements found at section 20(3), (4) and (5). Firstly, where an employer’s â€Å"provision, criterion or practice of A’s puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled,† then the duty arises. Secondly, it also arises if the disabled person has a physical feature which puts him at a substantial disadvantage and thirdly, without an auxiliary aid, the disabled person would suffer from an inequality of opportunity. Overall, the duty arises when, without such adjustments, the disabled person would be put in a severely disadvantaged position when compared to their non-disabled colleagues. The law imposes upon employees a duty to take reasonable steps to ensuring that the adjustments made would avoid this disadvanta ge. It is interesting to note that the duty on employers to make reasonable adjustments to disabled individuals extends to contract workers and other temporary members of staff such as trainees. This should provide adequate protection from disability discrimination as it extends to all staff but this does not necessarily suffice. Section 20(7) of the Act states that employers are not permitted to charge disabled employees for the costs in making any reasonable adjustments. This is arguably a very important section of the Equality Act as it ensures that disabled individuals are not penalised and bearing the costs themselves for any adjustments to make. It is fair to say that without such protection, the opportunity for discrimination in this way would have been rife in the workplace. Therefore, the duty on employers to make reasonable adjustments is a positive step forward to eliminating disability discrimination in employment. The requirement for equal opportunities for all employee s extends to the recruitment policies of an organisation as well. This will include ensuring that the job advertisement and description is adequately detailed about what is required of the job, yet at the same time making no discriminatory claims. If applicants have to complete an application form then it should be available in different forms to accommodate all disabled people, such as an option in braille. When individuals are invited for interview, all reasonable adjustments should be made to welcome them and assist them on the day, such as having the interview on the ground floor if the applicant is a wheelchair user. The recruitment committee should, ideally, have an equality and diversity officer within the human resources team to ensure compliance with their legal duty of no discrimination against disabled people. When selection tests form part of the recruitment process, applicants with dyslexia or other conditions, should be given longer to read and answer the questions to ensure a fair process. If an applicant is offered the job, then discussions should take place as to what steps and measures should be given to enable the individual to work in a comfortable environment. On the other hand, if an individual is not suitable for the position, then reasons why they were deemed not suitable should be recorded. There should be no evidence of discrimination in these reasons as this could potentially form the basis for a discrimination claim. Reasonable Adjustments The importance of making reasonable adjustments was emphasised by a previous Parliamentary Under-Secretary of State for Education and Employment, who advised that local authorities, â€Å"will be able to do virtually anything to encourage and enable disabled people to work for them, as long as they appoint the person who is most suitable for the job after they have made reasonable adjustment †¦ there is no maximum for such adjustments. If a local authority is prepared to invest vast sums of money in making provision so that a disabled person is suitable for a job, that is up to the authority, and it has that privilege†. The Tribunal in Wynn v Multipulse Electronics Ltd also considered this, where the job applicant was not interviewed on â€Å"health and safety† grounds because of his disability. The Tribunal found that the applicant had the requisite skills and experience for the job, but had been initially rejected as the small company decided that they did not ha ve the resources/finance to make the necessary reasonable adjustments. The Tribunal rejected this reasoning and decided that the company had not made a sensible consideration for the reasonable adjustments, including the fact that the Government provided support for work initiatives and, on this basis, they were successfully sued for disability discrimination. The duty to provide reasonable adjustments to disabled workers has provided the individuals with the statutory vehicle to pursue litigation to alleviating disability discrimination. It is an important outcome from the legislation. Reasonable adjustments can be temporary and can include improvements to the workplace to enable disabled employees to access their workspace and to be able to do their job correctly. This is often seen by the providing of ramps to work premises to assist wheelchair users. There is also the option of delegating certain parts of the job to temporary staff. By allowing disabled people the option of flex ible working hours and by granting them leave of absence for medical appointments etc, employers would be satisfying their legal duty of reasonable adjustments. This ties nicely with the opportunity of job-share. Before starting their role, employers should ensure that disabled people have had the requisite training for their role and correctly understand what is required of them. Employees should have the right equipment in order to complete their duties and this can include specially formatted computers for those with hearing and speaking difficulties. The statute has ensured that employers should take into consideration and take action into the above, and this on the face of it should be sufficient to combat discrimination to provide all employees with equal opportunities at work. Section 21 of the Equality Act 2010 states that it is against the law for an employer to fail to comply with this duty and they can face a discrimination claim if a breach has occurred. Notwithstanding this, Part 3 of Schedule 8 of the Act allows employers the defence that if they lacked knowledge of the disability then they cannot be sued for any lack of action on their part. This is arguably a fair section in the Act as the legal duty on employees has to be reasonable and employers cannot be expected to act if they were unaware of the disability. This is especially so when there is no legal duty on employees to report their disability to their employers. Although, if at interview the person’s disability is obvious at first sight, for example a wheelchair user, then the defence will not be permitted. Similarly, employers are permitted to ask such questions at interview and/or through an application form as to whether reasonable adjustments would be necessary for interview etc. It is argued that organisations that subscribe through these methods are adequately protecting themselves against potential disability discrimination claims. This may be more difficult for current em ployees whose conditions develop during their employment. The most common example is when an employee is suffering from depression and does not exhibit any outward symptoms. The question for the Tribunal is whether or not the employer ought reasonably to have known about the disability. These questions are arguably fair restrictions on the duty to make reasonable adjustments that should not prevent a clear case of disability discrimination. Approach by the Employment Tribunal If successful, Claimants can be awarded substantial fines by the Employment Tribunal, which should, in principle, lead to adequate deterrence to prevent further discrimination by organisations. Despite this, it is not necessarily the case as numerous claims have occurred every year since the introduction of the Equality Act 2010, thereby highlighting the large numbers of discrimination occurring in the workplace. Although, this figure is not truly representative as a number of employees do not take their case to the Tribunal, and it is worrying that the current figure may hide more discrimination in the UK. The lack of cases being taken to the Tribunal may be accounted for the rise in costs to take such action that is largely preventing claimants from pursing their claims. Those in the legal profession have voiced their concerns over the Government’s cuts in legal aid to this area and rising costs. Whilst the statue has in place the duty to make reasonable adjustments, if peop le cannot take their cases to Tribunal, this will severely reduce the deterrence and enforcement impact of the duty. The question of whether or not the adjustments made were ‘reasonable’ is assessed objectively by the Employment Tribunal: â€Å"The question of whether any reasonable adjustments were required †¦ depends on an objective assessment of what could be done to ameliorate the disadvantage in fact created.† The objective nature of the test was reinforced by the case of Tarbuck v Sainsbury Supermarkets Ltd and this remains under the Equality Act 2010. When deciding whether or not the employer has taken ‘reasonable’ measures, the Tribunal will consider factors, such as effectiveness and questioning whether it was a practical move. For example, by providing a blind employee with a computer formatted with braille, is both an effective and practical move to assisting the employee. Costs are a very important consideration and this will depend on a number of factors, such as the resources available to the organisation. It is common sense that a bigger company with more disposable income will be expected to have contributed more to the reasonable adjustments than a smaller company. Notwithstanding this, it is no justification for the employer to say that they could not afford the adjustments required to enable the disabled person to work. It is their legal duty to comply and the Government have providing numerous ways of funding these adjustments. Therefore the legal duty should be complied with and it should have initiated a sharp decrease in the instances of disability discrimination. In Tribunals today, the most popular test is that of The Secretary of State for Work and Pensions v Wilson, where the EAT held that firstly employers have to ask themselves whether the adjustment would overcome the disadvantage the disabled person is currently facing. If this is answered affirmatively, then the Tribunal considers whether or not it was practicable to take these steps. By assessing practicality, the Tribunal will consider the company’s resources and finances to ensure a fair decision is reached. Therefore a smaller company cannot have the defence of saying that they cannot afford to employ a disabled person. On this basis, the legal duty should be alleviating disability discrimination as it applies to all businesses. Academic Commentary Academics such as Anna Lawson point to the fact that disability is the only protected characteristic whereby an employer is under a reasonable adjustment duty. The UK is not unique in this respect, as the same situation is found in the EU and international law. â€Å"There have been calls for a more expansive approach which would extend such duties to religion or to other characteristics more generally. There was, however, surprisingly little discussion of such a possibility in the lead up to the Equality Act. Such a discussion might have been helpful in identifying whether disadvantages often associated with other protected characteristics require the flexibility of response of a reasonable adjustment duty or can be more effectively tackled through specific schemes (such as those applying to flexible working and parental leave).† From this academic perspective, it is fair to say that the legal duty on employers is a positive development in removing discrimination from disable d people. In this article, Lawson is such a supporter of the concept that she campaigns for its existence in other protected characteristics such as religion. This is because failing to comply with the duty to make reasonable adjustments is a form of discrimination in Employment law and the same cannot be said for other protected characteristics. On this viewpoint, it is strongly suggested that disabled people face higher protection than others in this regard. One of the many positives of the legal duty is that it, â€Å"If an employer has failed to make a reasonable adjustment which would have prevented or minimised the unfavourable treatment, it will be very difficult for them to show that the treatment was objectively justified.† However, one of the major problems with discrimination affecting disabled people is that, even if an employer complies with his duty to make reasonable adjustments, they can still treat the disabled employee unfairly on the basis of their disabili ty. For example, an employer may change an employee’s working hours to ensure they attend medical appointments, but that does not prevent them from dismissing the employee on the ground of absence from work. From an objective perspective, the legal duty on employees to make reasonable adjustments for disabled workers has resulted in an increase in the number of disabled people in employment. This can be viewed as a positive step forward in support of disabled people in the workplace. Yet this has occurred with at the same time as an increase in the number of disability discrimination claims. Given the high number of claims, it is at least arguable that reform of the law is required to provide stronger deterrence against disability discrimination. Case Law The case law in this area is interesting and provides valuable assistance in examining whether or not adjustments have eliminated discrimination and inequality of opportunity faced by disabled individuals. The case of Wilson v DWP provides a useful insight into the attitudes of the Tribunal and the way that disability discrimination law has developed, as the Tribunal was seen to be making a substantial award as a mark of deterrence. The case of O’Hanlon v Commissioner for HM Customs said that, â€Å"It will be a very rare case indeed where the adjustment said to be applicable here, that is merely giving higher sick pay than would be payable to a non-disabled person who in general does not suffer the same disability related absences, would be considered necessary as a reasonable adjustment†¦although we do not rule out the possibility that it could be in exceptional circumstances.† Therefore, in exceptional circumstances this could form part of the employer’s legal duty to make reasonable adjustments for disabled people to alleviate any disadvantages or inequality of opportunity. The Tribunal in Nottinghamshire County Council v Miekle echoed this, where the employee was awarded full sick pay for her leave of absence from work. But, this was namely because the failure to make reasonable adjustments was the reason for the employee’s absence, there was a causal connection that assisted her claim. Therefore, this should provide sufficient protection for disabled people from discrimination in the work place. Although, successful cases against employers have been found in cases, such as Burke v Clinton Cards. In this case, a female employee was diagnosed with cancer and despite her employer being aware of her condition, she received an increased workload and the work was not suitable for her. The Tribunal found that her employer had not complied with their legal duty to provide reasonable adjustments, such as a lighter workload or job d uties more suitable to her condition. Both of these measures could have been easily implemented and it only highlights the lack of action by the employer. Therefore, the Tribunal awarded the employee ?10,000 in compensation for her discriminatory treatment. This shows that the Tribunals are willing to find actions of disability discrimination and are doing their part to significantly reduce disability discrimination at work. In the case of Chief Constable of South Yorkshire police v Jelic, the Employment Appeals Tribunal upheld the ruling by the trial Tribunal that the employer had failed to make reasonable adjustments for the disabled employee. The EAT ruled that it would have been a reasonable measure to have allocate the employee’s duties to another police officer in order to assist them. Job sharing and allocating of responsibilities is an important delegation decision for the employer and the Tribunal views it as a reasonable action to take in the circumstances views it. The relatively simple nature of such an action is arguably strong evidence of the continual presence of discrimination against disabled people by employers. The fact that it is against the law to do so does not appear to be an adequate deterrent against discriminatory behaviour. In the media, there have been a couple of high profile cases involving disabled people and the lack of reasonable adjustments. One of the most controversial cases, which showed an apparent discrimination case that shocked the nation, was the female employee at Abercrombie & Fitch. The woman had had her arm amputated and as a result, the employer said it was not a sight that customers should have to see whilst they were shopping. Instead, of making reasonable adjustments to accommodate this, the female employee was sent to the stockroom. The Tribunal and most reading the case were appalled with the behaviour and attitude of the employer. This was reflected in the award the Tribunal provided to the employee. The high profile nature of such claims should act as sufficient deterrence but this case shows that it has been successful at this. Therefore, more is required in order to reduce discriminatory actions against disabled work to allow everyone to be treated equally at work. Conclusion The statute provides that the employer has an important duty to take reasonable practicable steps to ensure that their employees are protected from any risk of harm. This is extended when the situation concerns disabled people as employers must go one step further to make sure that the work and their work premises do not prohibit their ability to do their job. On the face of it, it is clear that the duty to make reasonable adjustments has, to some extent, eliminated discrimination and inequality of opportunity faced by disabled individuals. The same problem applies across the law of discrimination as protection is only granted to the individual if their condition meets the definition of ‘disability.’ It is arguably a complex definition that should be given wider scope to ensure adequate protection for all disabled people in the UK against discrimination. The high number of hurdles a claimant has to jump over to be successful in this litigation is a worrying concern for s ome academics, as they propose that even more has to be done in this area to alleviate disability discrimination in the workplace. As one academic, who campaigns for a reform in the law, says: â€Å"The requirement of knowledge reinforces the reactive nature of the reasonable adjustment duty and likewise places no obligation on employers to consider adjustments until they are confronted either by an applicant, or employee whom they know, or ought to know, to be disabled and to be exposed to a substantial disadvantage as a result of their provisions, criteria, practices or physical features.† Also, the vast number of cases being heard by Employment Tribunals nationally shows that the law is not acting as deterrence to employers. Instead, it may be advisable that reforms do occur in the law to ensure that disabled people have the same opportunities that are open to all. Bibliography Articles Employment Law Bulletin, ‘Disability Discrimination Act 1995’ (1996) 2 Anna Lawson, ‘Disability and employment in the Equality Act 2010: opportunities seized, lost and generated† Industrial Law Journal (2011) 359 Stephen Bunbury, ‘The Employer’s Duty to make Reasonable Adjustments. When is a reasonable adjustment not reasonable?’ International Journal of Discrimination and the Law 2009, Vol.10, pp. 111-131 Books Ian Smith & Aaron Baker, ‘Smith & Wood’s Employment Law’ (11th ed, OUP, 2013) Cases Archibald v Fife Council [2004] IRLR 651 Burke v Clinton Cards October 2010, ET/2900622/09 Chief Constable of South Yorkshire police v Jelic [2010] UKEAT 0491/09/2904 Nottinghamshire County Council v Miekle [2004] EWCA Civ 859 O’Hanlon v Commission for HM Customs [2006] IRLR 840 Tarbuck v Sainsbury Supermarkets Ltd [2006] IRLR 664 The Secretary of State for Work and Pensions v Wilson UKEAT/0289/09 Wilson v DWP [2010] EAT/0289/09 Wynn v Multipulse Electronics Ltd 22 October 2007, Case Number: 2301416/07 Government Report Equality of Human Rights Commission, ‘Equality Act 2010 Code of Practice’ Legislation Disability Discrimination Act 1995 Equality Act 2010 Website Rebecca English (The Daily Mail) â€Å"I was banished to the stockroom, says disabled shop girl now suing Abercrombie & Fitch for discrimination† available at http://www.dailymail.co.uk/news/article-1192674/I-banished-stockroom-says-disabled-shop-girl-suing-Abercrombie–Fitch-discrimination.html accessed 9 May 2014 Equality & Human Rights Commission ‘Reasonable adjustments’ http://www.equalityhumanrights.com/advice-and-guidance/education-providers-schools-guidance/key-concepts/reasonable-adjustments/ accessed 13 May 2014 Gov.uk, ‘Reasonable adjustments for disabled workers’ https://www.gov.uk/reasonable-adjustments-for-disabled-workers accessed 13 May 2014 HSE ‘The law’ http://www.hse.gov.uk/disability/law.htm accessed 13 May 2014 Samira Shackle (NewStatesman) ‘How legal aid cuts are harming the voiceless and most vulnerable’ (13 January 2014) http://www.newstatesman.com/politics/2014/01/how-legal-aid-cuts-are-h arming-voiceless-and-most-vulnerable accessed 13 May 2014 Xpert HR, ‘Disability discrimination awards 2011/12’ http://www.xperthr.co.uk/quick-reference/disability-discrimination-awards-201112/114296/ accessed 9 May 2014

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Sexual Identity and Famous Transsexuals, Questions and...

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