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.

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