Several important issues will land on employer’s desks during 2009.
Dismissal and Grievance
On 6th April the statutory dismissal procedure will be deleted from the statute book and not before time – unless, of course, if you are an employment adviser!
I will include full details on my blog and website a little later.
You will need to review your discipline and grievance policy and you will need to give your managers some training on the new procedures.
The new law will take into account the size and administrative resources of the employer. However, an unreasonable failure to comply could attract a 25% uplift of any award.
48-Hour working Week
The European Parliament voted against the UK’s opt-out from the 48-hour working week on 17th December 2008. This is not the end of the opt-out but it is definitely the ‘start of the end’. There are opposing views and I can understand both sides. However, at the time of a biting recession it may not be the best time!
Employment Agencies
Expect new rules to implement the European Directive on employment agencies that might have an impact on the employment status and the process of offering permanent jobs to agency workers.
And the rest . . .
Other changes around the corner include a new all-embracing discrimination act, changes to maternity rules.
And the costs . . .
As from 1st February 2009 the limit on a ‘week’s pay’, for redundancy and other calculations, will be raised from £330 to £350. The maximum award for unfair dismissal will be raised from £63,000 to £66,200. Remember awards in some areas, like discrimination, whistleblowing, etc, are not capped!
Friday 19 December 2008
Monday 1 December 2008
More to watch for . . .
A 50 year old chartered accountant was branded a ‘serial litigator’ by a London Employment Tribunal last week. She had made a series of claims based on the fact that she had been discriminated against on the grounds of her age when refused employment. Most of the firms paid out over £10,000 as opposed to defending the allegation. She was eventually caught out but you should beware.
If a claimant proves facts from which it could be concluded, in the absence of an adequate explanation, that the employer discriminated, the employment tribunal must uphold the complaint unless the employer proves that he did not commit that act. Legalize, I know but it changes the rules and this is why many resorted to a payment.
I recall a similar case some years ago when an Asian gentleman from Leicester made a series of job applications in both his Asian name and an ‘English’ sounding name. He too was found out eventually.
Make sure your documentation is right and fair, make sure your administration is sound and make sure your interviewers are aware of their non-discriminatory responsibilities.
On another topic I note that government are back on the yo-yo. The Health Secretary wants to replace sick notes with ‘fit notes’. The BMA usefully add that they are the patient’s advocate and should not ‘police’ the sickness system. Somebody should!
Finally, the ‘on-off saga’ of the right to seek flexible or part-time working for all carers may be in the Queen’s Speech or it may not.
It seems to me that credit crunch, the banks’ reluctance to play ball and developing employment legislation have a minimal or neutral impact on the public sector and large employers. This cannot be said for the small and medium employer if my mailbox is anything to go by.
If a claimant proves facts from which it could be concluded, in the absence of an adequate explanation, that the employer discriminated, the employment tribunal must uphold the complaint unless the employer proves that he did not commit that act. Legalize, I know but it changes the rules and this is why many resorted to a payment.
I recall a similar case some years ago when an Asian gentleman from Leicester made a series of job applications in both his Asian name and an ‘English’ sounding name. He too was found out eventually.
Make sure your documentation is right and fair, make sure your administration is sound and make sure your interviewers are aware of their non-discriminatory responsibilities.
On another topic I note that government are back on the yo-yo. The Health Secretary wants to replace sick notes with ‘fit notes’. The BMA usefully add that they are the patient’s advocate and should not ‘police’ the sickness system. Somebody should!
Finally, the ‘on-off saga’ of the right to seek flexible or part-time working for all carers may be in the Queen’s Speech or it may not.
It seems to me that credit crunch, the banks’ reluctance to play ball and developing employment legislation have a minimal or neutral impact on the public sector and large employers. This cannot be said for the small and medium employer if my mailbox is anything to go by.
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