Proving Race Discrimination In Employment

Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee alleging the discrimination. The UK landmark case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal’s finding of race discrimination led (after Abbey National’s refusal to comply with the Tribunal’s order to re-instate Mr Chagger to remedy its wrongdoing) to the record 2.8 million compensation order, serves to illustrate the burden of proof in race discrimination. Abbey National (being re-branded as Santander from 2010 and being part of the Banco Santander Group) employed Balbinder Chagger as one of its two Trading Risk Controllers, both managed by Nigel Hopkins. Mr Chagger was of Indian origin. He earned approximately 100,000 per year. Abbey National dismissed him in 2006, apparently for reasons of redundancy. The redundancy pool of selection was he and the other Trading Risk Controller, a white female.

The employee alleging the race discrimination must prove that his employer, on the balance of probabilities, discriminated against him on racial grounds. On the balance of probabilities means that the alleger needs to prove that it is more likely than not that the employer treated him differently on the grounds of his race; the alleger does not need to prove with absolute certainty that the employer discriminated.

The alleger must prove that he was treated less favourably than someone else (preferably a real comparator, but it could also be a hypothetical comparator) on the grounds of race. This can often be very difficult because the employer will almost always deny that the alleged discrimination had anything to do with race.

Mr Chagger established a case based on facts suggesting there had been race discrimination. The Employment Tribunal found that Mr Chagger had been selected for redundancy and had been dismissed and that a real comparator (the other Trading Risk Controller) had not. The Tribunal noted that there was a difference in race, colour and ethnic origin between Mr Chagger and the comparator. The Tribunal noted the following: Mr Chagger’s selection for redundancy was grossly unfair; Mr Hopkins had predetermined that Mr Chagger would be the employee that would be selected for redundancy; Mr Hopkins had used the redundancy selection process as a means to remove Mr Chagger from his position; Mr Hopkins had reduced Mr Chagger’s redundancy scores on matters which no reasonable employer would have taken into account; Abbey National provided no Equal Opportunity training for any of the managers it assigned to hear and decide on Mr Chagger’s issues and complaints of race discrimination; Abbey National failed to answer Mr Chagger’s Race Relations Act Questionnaire; and Abbey National was in breach of the statutory Code of Practice on Racial Policy in Employment by failing to carry out monitoring, failing to take allegations of race discrimination seriously, and failing to investigate them promptly.

If the alleger can establish a case based on facts suggesting there has been race discrimination, then the burden of proof could shift to the employer to prove otherwise. The employer will then be burdened with the task of having to prove that it would have treated in a similar way someone else who was not of the same racial group as the alleger. If the employer does not have any non-discriminatory explanation, or if the Tribunal finds the explanation inadequate or unsatisfactory, then the Tribunal must infer discrimination on racial grounds.

The Tribunal was satisfied that, on the balance of probabilities, Abbey National and Mr Hopkins had discriminated against Mr Chagger on the grounds of race in respect of his dismissal. The Tribunal, therefore, passed the burden of proof to Abbey National and Mr Hopkins to show that there was no discrimination whatsoever in respect of Mr Chagger’s selection for redundancy and dismissal.

The employer will almost always deny that the alleged discrimination had anything to do with race. The explanation that Abbey National and Mr Hopkins put forward was that the selection for redundancy and dismissal was carried out fairly. The Tribunal rejected this explanation for the factors listed above. Abbey National then put forward an alternative explanation, that Mr Hopkins and Mr Chagger could not have had any reasonable working relationship (that is, the difference in treatment suffered by Mr Chagger was for a reason other than racial grounds). The Tribunal could not rely on this explanation; it was an explanation that Mr Hopkins himself did not accept.

Mortgage Loans With Bad Credit 3 Factors To All But Guarantee Approval

The biggest mystery in some minds is how to secure the funding necessary to buy a home, despite having a low credit rating. The sheer size of the loan needed to complete the purchase is staggering. And yet, securing mortgage loans with bad credit ratings is viable and common.

But applicants that believe securing mortgage approval under these circumstances is impossible miss the point. Lenders actually want to lend money, it is just the protective policies they apply that can get in the way. Once the criteria is met and the lender feels assured, approval is all but definite.

The question is how to convince the lenders to the degree that bad credit scores are overlooked and the mortgage loan is granted. Well, there are a few simple measures to take that will do the job, but here are three of the most effective.

Offer a Big Down Payment

It would be foolish to overlook the significance of down payments. Indeed, it can be a major advantage when applying for mortgage loans with bad credit. This is for two reasons: firstly, it affects the size of the mortgage required; and secondly, it reflects the character of the applicant.

A down payment represents a share of the purchase price that is bought out immediately. So, a 5% down payment on a $200,000 property translates to paying $10,000 off the price. This means that a mortgage of $190,000 is required. But a big down payment, of say 20%, means that the sum borrowed falls to $160,000.

Securing mortgage approval is easier as the loan amount falls, but the impression saving up a large down payment has also impresses the lenders. Saving $40,000 is no mean feat in these difficult times, requiring real financial discipline. This is the kind of discipline that lenders want to see in the people they approve mortgage loans to.

Address the Low Credit Score

Another move that impresses the lenders is taking measures to improve the credit score that the applicant has. When seeking mortgage loans with bad credit, the influence that the credit score has can be the difference between monthly repayments that are affordable and too expensive.

There are several ways to improve a credit score. A popular way is to take out a series of small payday loans, perhaps of $1,000, and then repay them in full when the next paycheck arrives. However, each time the loan is repaid in full, the credit score is adjusted accordingly. As the score gets higher, securing mortgage approval gets a little easier.

Alternatively, a larger loan could be taken out to consolidate all of the existing debt, replacing numerous loans with one central debt that is easier to manage. Then, when applying for the mortgage loan, the higher score means lower interest rates.

Prove Secure Employment Status

Finally, perhaps the most basic step to take is to prove that your employment status is secure. This can be difficult given the uncertainty of the economy, but those employed long term are in a stronger position to convince lenders that repayments will be made. So, getting a mortgage loan with bad credit is easier.

Providing all the necessary documentation is essential. A photocopy of a paycheck will confirm the monthly income while a copy of an employment contract can confirm the job is more than just a short-term position. Securing mortgage approval can rest on these few aspects of the application.

However, keep in mind the debt-to-income ratio too, with a maximum 40% of the excess income reserved for debt repayments. This means that even with all the boxes ticked, the share of available income is not enough. Therefore, the mortgage loan has to be rejected.

Singapore Employment Pass How To Get Approved

The Ministry of Manpower grants Singapore Employment Pass that is usually valid for one to two years to eligible applicants. Employment Pass provides comfort to foreigners in terms of travelling in and out of the country. The work visa is renewable as long as the pass holder remains employed in a Singapore company. It also provides chance to pass holder to apply for a permanent residence status.

Employment Pass is required for any entrepreneur who has just incorporated a Singapore company and desires to move to Singapore. Moreover, the work visa is also required for corporation looking to relocate their staff such as managing directors and management staff of the company.

We have provided basic considerations on how to be qualified, eligible and how to get approved for a Singapore Employment Pass. Please read on and take note of these details:

Eligibility Requirements:
Recognized educational diploma/degree
Professional qualifications
Specialist skills

Basic Considerations Assessed by The Ministry of Manpower:
Salary
Age
Roles & responsibility
Related work experience
Companys background
Companys paid up capital
Current citizenship

Basic Documents to Furnish:

The above qualifications should be satisfied first before securing the following documents: resume or CV stating your educational and employment history, copies of educational certificates and past employment testimonials, and a copy of your passport details. However, any documents that are not in English must be translated into English by an official translation service. In addition, there are three Employment Pass groups, P! for applicants earning a salary of more than S$7,000, P2 for salary of more than S$3,500 up to S$7,000 and Q1 for salary of more than S$2,500.

Service of a Professional Firm:

For processing of your application, you need to hire the services of a professional firm who will apply in your account for your Employment Pass. They will be the one to apply online to The Ministry of Manpower, as the application method is shorter. It normally takes 1 to 15 days to issue an approval. Once approved, the Ministry of Manpower will issue an In-Principle Approval (IPA) letter via email. The IPA letter must be produced upon collection of the EP at the Work Pass Division at Ministry of Manpower. An IPA letter is valid for Six months from the date of notification of approval.

Child-Support and Employment Change

Child Support payments in Canada are appointed by the judge and starting from 1997 regulated by federal Child Support Guidelines. The initial appointment of the Child Support payments id divided into four steps. It starts with the calculation of the gross incomes of the parties. The second step is entering the non-custodial parent’s gross income is entered into the Table, under the appropriate number of children. It shows the tax free amount of money the non-custodial parent must pay the custodial parent each month for child support. If the parenting time is shared equal then the gross incomes of each parent are entered into the Table. The lower result is then subtracted from the higher number and then the difference is payable by the higher income earner to the lower income earner. Still there are some excepti`ons for some cases. Third step is determining the expenses for things like child care, health care, educational expenses, post-secondary educational expenses or extracurricular expenses, the expenses are shared in proportion to the parties’ gross incomes.

While in Canada everything is pretty clear with appointing the initial Child-Support itself a big question is what happens to the Child-Support payments when the payer changes his employment or salary. The Child Support Guidelines state that the court may impute such amount of income to a spouse as it considers appropriate in the circumstances. The circumstances include situations when the spouse is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of a child of the marriage or any child under the age of majority or by the reasonable educational or health needs of the spouse. The most important factor for all the decisions of the courts is how and why did the employment or salary changed. The court actually works under the line that after a divorce the child must benefit from the finances of the both spouses. If one of the spouses lost his job intentionally (voluntary act) for example choose to earn less than he or she is capable of earning or he or she choose not to work when capable of earning income, then the court will most probably be on the side of the other spouse. Still if the loss of the job or income is lost due to no fault of the spouse (like reducing the hours of work or being fired for some other reason), the section does not apply to such situations. In practice the results vary from case to case and from province to province. While it is easy to conduct an investigation and find out the reason of loosing income, there are also some ethical questions involved. The biggest one is that Child Support Payments usually limit the personal interests of the spouses. For example if you worked as an office clerk and decided to pursue a music career you will most probably be limited by the payments and the court will not support your decision.

For more information regarding Legal information, Child support lawyers, Child custody Lawyers and Canadian Lawyer please visit: www.lawyerahead.ca

About Singapore Employment Pass Application

The Republic of Singapore welcomes foreign entrepreneurs, professionals, managing directors, shareholders of Singapore companies who plans to relocate to Singapore to manage their own company operations to process a Singapore Employment Pass Application. The Singapore Employment Pass Application is processed in the Ministry of Manpower. The Ministry of Manpower (MOM) allows the foreigner to apply for an Employment Pass after they have incorporated their Singapore Company to enable them to live and work in Singapore. The EP does not fall under any quota system nor is there a monthly levy charge for EP.

Ministry of Manpower provides an Employment Pass with a validity of 1 or 2 years and it is renewable as long as the pass holder remains employed in the company. With an EP, you can travel in and out of Singapore with minimum hassle at the immigration checkpoint. It also gives you the benefit of applying for Permanent Residence status.
Basic eligibility requirements of a Singapore Employment Pass:
Generally, a recognized Diploma/Degree qualification from a reputable university is expected.
Professional qualifications
Specialist skills
Work related experience

Evaluation criteria of the Ministry of Manpower:

Salary of applicant
Age of applicant
Roles & responsibility
Repute of the company
Company paid up capital
Applicant current citizenship

It is vital to have a satisfactory educational qualification but it does not guarantee a successful EP application as the applicant also need to satisfy other criteria such as relevant work experience and/or professional skills. Moreover, an applicant who does not possess a recognized educational qualification may not necessarily be rejected for EP if he possesses other compensating factors.

Application Procedure:
1.Application to obtain authorization code to submit application online for newly incorporated company. Upon submission, it takes about 7-14 days for Ministry of Manpower to send the authorization code.
2.Submission of application online. It takes Ministry of Manpower between 1-15 working days to process the application.
3.Upon receiving the In-principle Approval notification, we will make arrangement for the collection of your EP.

Basic documents to furnish:

Resume or CV stating your educational and employment history
Copies of educational certificates and past employment testimonials
A copy of the personal particulars page of your passport

Once the application is approved, you will be required to submit the following documents. the Ministry of Manpower will issue an In-Principle Approval (IPA) letter via email. The IPA
letter must be produced upon collection of the EP at the Work Pass Division at Ministry of Manpower. An IPA letter is valid for Six months from the date of notification of approval.
A copy of the IPA letter
Recently taken passport size photograph
Original passport with the entry embarkation cards
Medical exam report (if the In-Principle Approval states that you require one)
Any other documents that are requested in the approval letter