Broad Mandate: Intertwining Legal and Extra-legal Value in Employment

Discrimination in The UK (telling my story)

Brief

In a recent class of potential scholars there was interactive session this paper seeks to
fill a vacuum in my statement that ‘we do not have race discrimination in Nigeria’. This
statement seems like shocking revelations in the context of placing our understanding in
other comparative studies advantage. The explanation here is to evince certainty of
intention to create trust among all the stakeholders. To meet its basic objective of
providing a quick explanation. I am stating that the content here is hastily scrambled
with legal and factual elements based on moral constraints on the form of such form.
The paradox explored – and embodied - in this text is a result of critique of original
critical thinker, I humbly present in vignette as it happens in the discrimination law class:

My lecturer: You [once] said you don’t have discrimination in Nigeria?

I: Yes, sir, we don’t have it
My lecturer: OK, we shall see, get ready to defend this [in class] next week (05 May ’22)
I: Hymn, (murmured), OK

 Story telling 

The expression here is not the influential academic instructor’s authority directives and
is not binding, on instrumental grounds, if the content could, within certain limits, adopt
an alternative, and attract a superior order, I will say I am telling a story, if my means of
conforming to morality’s demands is not confined to literature, I am telling my story. If I
am to become detestable to someone I so much like I am saying, ‘I am telling a story’. If
there emerge signpost melancholic argument in the reading experience as wholly
summarised, a very important ingredient of my professional life...but too close to tainted
things: too close a connection to those that matters with it – too much actual handling as
a sordid stuff, that is – and I might find myself clashed with the law – to avoid libel
action, I will say I was telling a story. 

I completed the quoted statement that we don’t have discrimination violation during
discrimination law interactive session taking by the specialised tutor as part of various
broad-based empirical studies. If my synoptic text has been undertaken with intense
interest to identify with critical thought that contains the seeds of appreciation, I will
defend my story. It is after all a story of law and my subjective elementary way of
ranking to add a glamour.  A review like this can only hope to provide a flavour as a
solid empirical understanding of the role of and reward as the conduit to illuminate the
standard of all students regardless of the author. So, if pulled I will defend my actions.

Equality Act

 
The Equality Act 2010 (“EqA 2010”) is a primary legislation which gives effect to equality
in Great Britain (excluding Northern Ireland). 1 The enactment is to strengthen and
harmonised the provisions of a number of different anti-discrimination laws. 2 The
legislation has nine protected characteristics covering wide varieties of entities. The
protection afforded the protected characteristics applies beyond the field of
employment. This paper is limited to practices at work, and not concentrate beyond
‘race’ legislative scheme of direct discrimination, not minding that ‘age discrimination’
intersect which [on a more global scale] makes ‘race discrimination’ to be at the top of
the hierarchy ladder.3 

The ‘race discrimination’ can be categorised along direct, indirect, harassment,

victimisation--perceived discrimination and associated discrimination is another
category of ‘indirect’ discrimination which is not specifically covered by statutory
provision in UK.4 In all categories, myself and those in which the anti-discrimination law
is connected to curtail being oppressed rarely advance a claim on race discrimination.
This is because not too many blacks are anxious to benefit from perceived universal
standards. Their equality, relativist view is in fact not to lose sight of the fact that they
should not depend on legal possibility of the host state politics to raise a concern,
morally and as their culture are concerned. Therefore, neutral application is stem for
any event, that have arisen within institutional is an unavoidable choice to be made in
the perception of discrimination. So, discrimination cause might be construe in any
situation that might present itself like when they are routinely trampled upon. 

Beyond legislation 

1
Evaluation of the implementation of the Equality Act 2010, Report 1-Organisational Approach to Equality
CRSP 619.
2
Institute for Conflict Research, ‘Strengthening Protection for All Ages against Age Discrimination outside
the Workplace’ ( March 2014) < http://www.equalityni.org/ECNI/media/ECNI/Publications/Delivering
%20Equality/Age-Discrimination-ICR-Final-Report-Final.pdf, p. 5 > accessed 04 May 2022.
3
E. Haward, ‘The case for a consideration: Hierarchy of Discrimination Grounds in EU Law (2006) 13
MJ445, 446.
4
European Commission, A Comparative Analysis of Non-discrimination Law in Europe: European
Network of Legal Expert (November 2017), p. 39.
 
Nevertheless, one is wondering what is discrimination? Major issue is that natural
persons generally are subject to discriminatory practices in their everyday lives and
there is no solid legal mechanism to define discrimination on the top of the implicitly UK
domestic legal definition suitable for institutional framework on unfavourable treatment,
as defined in S.13 EqA 2010 as meaning “content that amounts to a relevant offence on
discrimination”. However, Stroeber (2015) provides matrix of different devastating
effects of discriminatory act that are better imagined than being experienced. 5 They are
severe enough to protect the vulnerable against further attack. Now the technicality, in
my view as a scholar in transition, strikingly, the proportion of Black Africans (albeit
broadly interethnic) casualties advancing a complaint there is a moral reason not
associated with discrimination.
 

In their social responsibility, the surface discrimination would have beckons a horrid
imagination exacerbated by the peculiar ways it happens. Thus, that content will be
determined to ‘amount to’ a relevant offence of provocation. The degree of harm
sustains by individuals (for example, the disruptive distress to their wellbeing); and as
this harm is deemed to be severe it becomes a provocation far from the common
discrimination language. The main experiences of discrimination reported mostly (albeit
with multiethnicity) will have evidential multiple of harassment or discrimination
predating a provocation as a last straw. So, by the time they allege any protected act it
has turned to provocation. There is a little literature gap in the author opinion, but
fortunately the UK domestic law only have provocation as a defence for murder case
under criminal justice system.

To simplify the task logically, and that one rules more on subtle submission. The author
declared a desire in the literature of Jefferson (2014). The respected author reasoned
that the UK historically discriminate on the grounds of race against minority ethnic
groups more so, that the race act as embedded in equality act is immaterial to helping
them, subtler.6 The equality law does not protect one’s race except in the claim of
disability discrimination that applies directly. The paper will consider the issue raised
here in due course in the light of comparable situations. Unlike the United Kingdom,
Nigeria is not an economically advanced and occupational diverse community of

5
Katherine Stroebe, ‘Responding to subtle discrimination beyond an individual versus group perspective’
(December 2015) <http://www.researchgate.net/publicaation/28650658>accessed on 04 May 2022.

6
Jefferson, M., Placing Disability and Employment in Context: Recent Development”, (2014) 20(3) Web
JCLL, para 4.
enlightened people through an intellectual revolution, a modern vision innovation
technology advancement from which different nationalities can emerge.

Fact

The point now is that we do (Nigeria) discriminate along ethnicity, but the principal
barrier is that our jurisprudential tradition has not been a system of thought driven by
legal assumptions or rather driving legal assumption through philosophical engagement.
In paradox, the constitutional provision only prohibits discrimination on grounds of
belonging to ‘a particular community, ethic group, place of origin, sex, religion or political
opinion.7’ However, it is important to note, that Riggon et al (2015) provided succinct
detailed analysis of important regional inequalities that impact on our (Nigeria) socio-
economic and political conditions. There are and resources that affect indigeneity
variations in poverty and vulnerability between ethics group on basis of discriminatory
practices against non-indigenes but not directed at individuals.

7
Nigeria Indigenisation: Attitude Towards Citizen, IIG Briefing Paper 22 (December 2012), p. 1 .
Where existed a reckless protected act such as sexual harassment to be welcomed in
the context of employers’ liability claims (vicarious liability) in the UK. In Nigeria, extra
control mechanisms are difficult to justify. The author foreseeability hurdle had all the
appearances of a hidden control mechanism in our system, an average Nigeria woman
believes reporting it lower their standard. Such claims will remain legally and evidentially
difficult. Most female employees perhaps are still fluid about the law on discrimination or
possibly in relation to their subtleness to indigenous patriarchal cultural root.

Those who suffer harassment injury at work believes is matured occupational stress.
They will rather remain disproportionately miserable than pursuing a claim in exchange
for the fatal degrading treatment. The risk is that they will receive no benefit from
advancing a harassment claim, or that they will receive counselling as the principle of
beneficiary in pacifying words that suit the painful flow of the inhuman treatment.
Whereas the women where possible prefers words to soothe their excitingly painful
sexual harassment. If we are encouraged to take the analysis here more seriously, then
a service will be done that we did not have discrimination in Nigeria in accordance with
what I resourcefully submitted in discrimination law class.  

The scope of the dispute

In the UK legal characteristics and structure contrary to Nigeria experience, nearly all
tribunals are qualified in their inquisitorial capacity. There will always be insufficient
evidence to grant a remedy in any merits review involving discrimination or harassment.
The tribunal method is to zoom in and out of the claim, not necessarily in reciprocal
obligations against the few individuals but in complying with the law on past or present
hypothetical comparator. The accounts given by most advocating claimants engaged in
disruptive harm are mostly unqualified for remedy. 

Employment providers will be given opportunities to make representations in relation to

issues of identifying limitations.8 This further the opportunity to expand the test of
legitimate or proportionality to determining the true effectiveness of the ill-treatment on
the claimant. This is relevant to the claim as part of derogation to exonerate the
employer, except where the claim is for victimisation (S. 27) then justification becomes
free standing for sanction, it simply does not likely to see this happening. However,
realising that the term “racial origin” is not used in UK legislation, it will be irrational for
one to say because of one’s colour when identifying racial group. More so, As Baroness
McGregor-Smith said in her 2017 review, ‘Too many people are uncomfortable talking
about race. This has to change.’ 9 So most uncomfortable black workers would rather
chill out instead of pronouncing that they are victims of discrimination because they are
black in colour.

The dishonourable action, where alleged by some black claimants however, it is to seek
merely a resolution not because they wanted some form of punishment for their
opponent, but to secure their job and have their legitimate interest protected. Their
intention despite their legal limitations—can and is to see the UK hold itself to the
highest standards and conform to the age of the enlightenment. For the Africans are
aware of the shortcomings that their leaders have preferred to live in the dark period of
complacency inchoate communism. It is important to them to refuse moves towards the
new emerging consumerism of a capitalist society of innovations and human
advancement, subtle.

In other words, the minority races respect the Whites’ ways of doing things, and they
are always anxious to impose the Western view of things back home so that they may
behave differently. Their aim for promoting mutually supportive outcomes is for political
correction in view of very few dissenting voices who still bothered on repressive history
model humankind.

8
JXJ Vs. The province of Great Britain of the Institute of Brothers [2020] EWHC 1914 (QB).
9
Department for Business, Energy and Industrial Strategy. (2017) Race in the workplace: The McGregor-
Smith review. Available at: https://www.gov.uk/government/publications/racein-the-workplace-the-
mcgregor-smith-review.
“The white man is the guardian and protector of all races and has a moral and religious
zeal to “civilise” other races to become human.” 10

The black employees found mediation less satisfying and rather than going before a
judge they preferred to “grit their teeth” and look for another job. It is such a situation
where their understandably, the tribunal’s grant will incur an expenditure on the
employer and without modification on the provocation they suffered, the statements
given here are true and fair view, in all material respects, in accordance, albeit. The
tribunal in their neoliberal approach are still being driven by limited liability
economic constraint.

The analysis should and ought not to overshadow the progressive achievements the
equality law has made. If my analysis does make sense than does the preterit, then
discrimination or equality make us experience them imaginatively. The paper destroys
for the moment the consciousness that they actually exist, promoting for the moment a
proposal for ‘Pro-Civility [Act]’ for dispossession to development of justice for
dehumanisation and its material effect.

Finally, without oversight the whole idea here can only be made possible by all
identifiable geniuses.  I wish to once again appreciate unflinching and selfless service to
the students in their quests to build strong and virile future scholars. This quote below
accounts for the relatively significant importance attached to our antisocial behaviours
for walking out on you without appreciating your two hours’ social stand on each
session. It can only be well with our lecturers.

“He who receives an idea from me, receives instruction himself without lessening
mine...as he who lights his taper at mine, receives light without darkening me”.
Thomas Jefferson

Wishing All The Students Examination Success

10
Rigon A., Abah S., Dangoji S., Walker J., Apsan A., Frediani A. Ogunleye O., and Hirst L., Well-Being
And Citizen in Urban Nigeria, Urbanisation Research Nigeria (URN) Research Report. London: ICF
International (2015), P. 6.
 
It would be wrong to conclude a review of this type without soliciting for World Peace
and Love, it is not remotely naïve enough to think we have resolved the issue.

Love is The Only Good

NB

Because of time and length constraints, this text should be seen as a quick scan
on behalf of All Agreed Campaign Organisation (Aaco), rather than an in-depth
analysis; it does not form part of my forthcoming assessment paper.

The Academics:

Thanks for checking the accuracy of the listings.

Higher Honour

Akerele Abayomi Abiodun Dated:05 05 2022

School of Law, The University of Sheffield