In This Issue:
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Welcome |
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Maternity and paternity changes |
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Race discrimination |
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Unfair dismissal time limits |
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Myths about ageing |
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Collective redundancies |
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Equality consultation |
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Safety updates |
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Featured Links:
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Welcome
The clock is ticking away towards the introduction of age discrimination laws next year.
A scan of some adverts in this month's The Times newspaper shows adverts stating "mature candidates particularly welcome" or "graduated in the last seven years". Very few employers realise that adverts such as these may well become unlawful after October 2006, as they indicate a preference for a particular age range.
Similarly, employers who offer service-related pay or benefits (such as entitlement to extra holiday after ten years' service) may end up having to justify those benefits to a tribunal, as they tend to discriminate against younger workers. Further, an employer who requires job applicants or employees over (say) 50 to undergo a medical examination is going to face problems from next year.
Throughout the next 12 months, we will be offering our services to help you make sure your contracts and policies do not fall foul of the new age discrimination laws. Please contact me if you would like to discuss this further.
Finally, if you have not already booked a place on our next seminar,
"[deleted]" please act quickly! We have just a few places left at each venue. The seminar takes place at venues in
[deleted] during November. For information please
click here.
[name
deleted]
Maternity and paternity changes
The government has just announced the following changes which it intends to make to maternity and paternity rights:- extending SMP, from April 2007, to nine months (previously six months), with the ambition of moving to a full year within the next few years
- a power to introduce new paternity leave for fathers, enabling them to benefit from leave and statutory pay if the mother returns to work after six months but before the end of her maternity leave period
- measures to help businesses manage the administration of Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay
- introducing 'keeping in touch' days so that where employees and employers agree, a women on maternity leave can go into work for a few days, without losing her right to maternity leave or a week’s statutory pay
- extending the period of notice for unexpected return from maternity leave to two months (from 28 days) enabling employees and employers to more effectively plan for return to work
Race discrimination
Commenting that ‘you Pakistanis are all the same’ to a Pakistani in the context of remarking that ‘you Muslims are all troublemakers’ amounts to discrimination under the Race Relations Act 1976, the Employment Appeal Tribunal has ruled in Empower Scotland v Khan.
Upholding the employment tribunal’s decision, the EAT said that the remarks — made by the claimant’s colleague at an umbrella body aimed at promoting employment equality for ethnic minorities — fitted within the Act as it contained a derogatory remark against Pakistanis.
The EAT added: "Given that 90 per cent of Pakistanis are Muslims and given than the maker of the statement considers that all Muslims are troublemakers, it follows that a Pakistani who is a Muslim is a troublemaker."
Unfair dismissal time limits
The importance of presenting Employment Tribunal claim forms in good time has been reinforced by the Employment Appeal Tribunal in Agrico v Ireland.
In this case, the claimant’s solicitor used a 'time-bar list' approach and — although instructed a week after the dismissal — left submitting the claim until just before the three-month deadline. The Friday before he was due to go on holiday, he instructed his secretary to fax across the form to meet the deadline the following Monday. However, she was off work ill on the Monday and the form was not faxed across until the Tuesday.
The tribunal held it was not reasonably practicable for the form to be submitted on time due to the secretary’s unforeseen absence, but the Employment Appeal Tribunal disagreed. They said the tribunal should instead have examined the entire three-month period (not just the last day) and had it done so would have found there was no good reason why the form should not have been presented earlier.
Myths about ageing
In the run-up to next year's introduction of age discrimination legislation, a plethora of new research is taking place.
New on the Health and Safety Executive website is 'Facts and Misconceptions about Age, Health Status and Employability', a 33-page survey commissioned by the Department for Work and Pensions and Age Partnership Group exploring workplace stereotyping about ageing.
The report seeks to explode what are described as the myths surrounding issues such as the loss of cognitive capacity and sensory abilities widely believed to accompany ageing, as well as poorer health, less physical strength and endurance, and reluctance to adapt to change.
Also included are practical suggestions for improving the workplace for older workers and so enhancing their contribution to organisations.
Available from http://www.hse.gov.uk/new
… older workers' attitudes
Also from the Department for Work and Pensions is research showing that four key factors are associated with workers aged between 50 and 69 leaving the job market – redundancy, ill-health, financial security and caring responsibilities.
And while redundancy or ill-health sometimes acted as reasons on their own for stopping work, financial security on its own never did. The most important reason to remain in work was financial necessity.
The research also found that those who returned to the labour market in general did so within a year of leaving it, but often faced 'multiple barriers' en route. Other findings showed that older workers:- in general expected to retire at State pension age and considered they had earned the right to do so
- considered that working longer be a matter of choice and not be enforced
- showed a strong work ethic and a desire not to be dependent on State benefits
Factors Affecting Labour Market Participation of Older Workers is available on the DWP website
http://www.dwp.gov.uk/asd/asd5 .
… and mixed awareness
Another survey shows that while 66 per cent of employers interviewed were aware of the forthcoming age discrimination legislation, nearly a third were unaware of the details and only one in three had begun reviewing policies and procedures.
The survey, which involved 240 participants, also showed that- 22 per cent of respondents currently used minimum age limits
- 20 per cent used maximum age limits
- 60 per cent include age-related questions on job application forms, and of these 18 per cent have no plans to change the practice
Collective redundancies
The duty to consult under the Trade Union and Labour Relations (Consolidation) Act 1992 was triggered when a local authority's officers made the decision to change employees' terms by dismissal and re-engagement and not after it was formally ratified by elected councillors, the Employment Appeal Tribunal has ruled.
The employment tribunal’s decision was upheld in Leicestershire County Council v Unison, a case arising from the authority's implementation of the nationally-negotiated Single Status agreement.
Equality consultation
The Government has launched a consultation document on plans to introduce a 'gender duty', requiring public sector bodies to actively promote equality of opportunity between men and women.
The proposals have three key components which would oblige public authorities to:- identify and implement specific gender equality goals
- develop and publish an equal pay policy statement
- assess the impact of new policies on men and women
Consultation continues until January 12, 2006. The proposals are available in PDF form from the DTI’s Women and Equality Unit website –
http://www.womenandequalityunit.gov.uk/legislation/index.htm
Safety updates
Recently added to the Health and Safety website is a new section on trips and spills, at
http://www.hse.gov.uk/watchyourstep/index.htm , and a section on the ambient environment, at
http://www.hse.gov.uk/temperature/thermal/index.htm .
Also new is a revised ‘human factors’ section at http://www.hse.gov.uk/humanfactors/index.htm , which offers advice on ergonomics and reducing workplace risk.
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