Legal

Employment law may seem a maze full of pitfalls and trip hazards.  It may seem biased in favour of the employee.  But it is simply intended to provide clear guidance in good practice and a level of protection to the employees of the more unscrupulous companies.

Whilst there may be some instances where a simple failure to follow due process makes an action automatically unfair, there is nevertheless a positive response to employers whose actions are deemed “reasonable” and clearly of good intent.

To explode another myth:  Nor are small companies exempt from compliance with employment law.

As you can see, this is not a “one size fits all” solution.  And every industry has its particular customs and practices.  Our experience enables us to help you face the potential foibles particular to yours. 

In essence, you do need to be aware of and comply with the requirements of employment legislation.  Your employees are intelligent professionals whose awareness is continually heightened by articles citing huge payouts for various high profile instances of discrimination, abuse or bad practice.  These large sums do tend to be the exception rather than the rule and the result of extreme cases, but they do act as a wake-up-call to companies who feel that they won’t be found out.

It is easy to avoid these cases.   The communication and consistent application of your documentation and policies are key to your protection and to the well being of your employees.

There is no need for jargon and words of many syllables.  Just clear, well written documents that not only fulfil your legal obligations, but that your employees will actually read and understand. 

Think about it – what is the main aim behind a contract of employment, or a policy in your employee handbook?  It’s not just what you say, it’s how you say it.

Your words reflect your company.  Our expertise makes sure those words fit your needs.

But what is the point of these words if no-one can hear them or knows where to read them?  The best written policy in the world is of no real use if it is buried in a folder on someone’s desk.   Our assistance in creating your communication strategy will ensure that every employee knows where to find information and what your expectations are.

 

Legal:

A brief summary of recent and proposed changes to employment law.

Disciplinary and Grievance Procedures:

•        From 1 October 2004, minimum statutory disciplinary and grievance procedures are introduced to be complied with by employer and employee. 

•        The standard procedure is a simple three-stage process of (i) written letter explaining the issue; (ii) meeting; and (iii) appeal. 

•        A modified two-step process will apply in certain circumstances.

•        Failure to follow the disciplinary procedure will make the dismissal automatically unfair.

•        It is planned that a new ACAS Code of Practice on Disciplinary and Grievance Procedures will also come into effect on this day.

Disability Discrimination:

•        From 1 October 2004, a number of changes to current law will come into force:

§        the removal of the small employer exemption (less than 15 employees);

§        explicitly outlawing harassment on the basis of a person’s disability;

§        makes it clear that direct discrimination on the basis of disability can never be justified.

•        The definition of direct discrimination is clarified and strengthened.

•        The ability is removed to argue the ‘justification’ defence where the less favourable treatment of the disabled worker amounts to direct discrimination.

Information and Consultation Directive:

•        From 23 March 2005, employees in larger companies are to gain new rights to information and consultation about the business and the prospects for employment.

•        Employers will be required to provide consultative arrangements where 10% or more of their employees request them.

•        These consultative arrangements are likely to need to provide information on:

§             Recent and  probable development of activities and economic situation;

§             Structure and probable development of employment, and any anticipatory measures envisaged (especially if redundancies); and

§             Decisions likely to lead to substantial changes in the work organisation or contractual relations (including collective redundancies and TUPE).

•        The regulations will affect establishments with more than 150 employees from March 2005, 100 or more from March 2007, and 50 or more from March 2008.

Harassment:

•        From 5 October 2005, legislation will introduce new statutory definitions of harassment:

§             ‘sex related harassment’ covers unwanted conduct related to the sex of a person with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment;

§             ‘sexual harassment’ is defined as meaning any form of unwanted verbal, non-verbal or physical conduct of a sexual nature, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

•        The definition of indirect discrimination has also been fine-tuned with the employer’s defence being changed from “justification” to “proportionality”.  

 

2006:

Commission for Equality and Human Rights:

•        A single equality organisation, provisionally called the Commission for Equality and Human Rights, will be introduced. 

•        This is the result of the merger of the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission.

•        The intention is that the newly formed Commission will take responsibility for new laws outlawing workplace discrimination on grounds of age, religion or belief and sexual orientation.

Age Discrimination

•        By 1 October 2006, EC member states, including the UK, are required to introduce legislation prohibiting discrimination on the grounds of age. 

•        Although draft regulations are intended to be made by the end of 2004, the delay in actually bringing the regulations into force will allow businesses and employee representatives sufficient time to prepare for the changes.

2007:

Data Protection:

•        The Data Protection Act comes fully info force after 23 October 2007.  This ends the second transitional period of implementation.

•        Manual filing systems will now have to fully comply with the regulations of the Act.