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In This Issue:
April 2007
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Welcome |
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Dispute resolution changes |
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Classroom veil decision |
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Minimum wage increase |
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Sex discrimination ruling |
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Fresh from Acas |
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Age bias still an issue |
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And some snippets... |
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Featured Links:
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Welcome
A fundamental overhaul of the statutory dismissal and
grievance procedure looks likely following a critical review
after their first two years, while ministers have taken on
board the Low Pay Commission's recommendation that the
National Minimum Wage rates should go up again.
And don't forget that women with babies due on or after 1
April are now entitled to 52 weeks' maternity leave and 39
weeks' maternity pay, with similar arrangements also now in
place for adoptive parents. Until now, most mothers and new
adoptive parents have been entitled to 26 weeks' paid leave.
Malcolm Davies
Andersons Solicitors
Dispute resolution changes
The Department of Trade and Industry
has launched a consultation following the independent review
by Michael Gibbons — commissioned by Secretary of State
Alistair Darling in December — of the 2004 statutory
dismissal and grievance procedures.
Mr Gibbons' report concludes that the DTI's motives were
sound but the regulations "have had unintended consequences
which have outweighed their benefits". The report recommends
the repeal of the dismissal and grievance procedures.
The consultation, which closes on 20 June, seeks responses
to a series of wide-ranging questions, including whether
there should be:
- a new approach to straightforward
claims without recourse to tribunal hearings
- a reform of the tribunal system, with simpler
processes and forms, and a redesigned application
procedure which includes advice on alternative approaches
- free mediation services
- an end to Acas fixed conciliation periods
More information, including details of an online response
option, can be seen
here.
Classroom veil decision
The Employment Appeal Tribunal has in Azmi v Kirklees
Metropolitan Borough Council upheld the employment
tribunal's findings in the case of a teaching assistant
suspended for refusing an instruction not to wear a full
face veil while assisting male teachers in class.
Mrs Azmi, a Muslim, was not the victim of direct
discrimination on the grounds of religion or belief, said
the EAT. And while the suspension was indirectly
discriminatory on those grounds, the EAT agreed it could be
considered justified.
Minimum wage increase
The national minimum wage will increase
on 1 October 2007 following Trade and Industry Secretary
Alistair Darling's decision to accept the new levels
recommended by the Low Pay Commission.
The new rates will be:
- Adult rate (workers aged 22 and
over) - £5.52
- 18-21 year olds - £4.60
- 16-17 year olds - £3.40
The rate for the accommodation offset will increase to
£30.10 per week (£4.30 per day).
Sex discrimination ruling
In Equal Opportunities Commission v Secretary of State for
Trade and Industry, the High Court has ruled that the
government has failed to fully implement European laws on
sex discrimination.
The Secretary of State has been ordered to inform the EOC
and court how ministers plan to remedy the situation. The
court's key points were, firstly, that the definition of
harassment in the regulations was too narrow and failed to
reflect the Directive's broad protection. Second, parts of
the regulations about women's rights during maternity leave
were confused.
Fresh from Acas
Acas has produced a
free booklet, Managing Conflict at Work, which covers the
signs, causes, management and prevention of conflict and
offers sources of support such as mediation or arbitration.
Employers keen to see how effectively they currently share
information and consult with their employees can download a
new 'health
check'. Its introduction coincides with the extension on
6 April of the information and consultation regulations to
all businesses with 100-149 employees.
Another course has been added to the Acas
e-learning
library, offering guidance to employers on avoiding
discrimination on the grounds of religion or belief.
Age bias still an issue
Research carried out by the Employers Forum on Age in
association with Proctor & Gamble has found that almost two
thirds of adults aged 16-plus believe the age discrimination
legislation has made little or no difference to how people
are recruited.
The
findings come six months after the regulations took
effect and also show that a fifth of those interviewed
believe age stood in the way of them getting a job and more
than a fifth of 16- 24-year-olds admitted they would
consider lying about their age.
One in five of those aged between 25 and 34 say they have
witnessed ageist behaviour in their workplace since October,
compared to only 6 per cent of 55- 64-year-olds.
And some snippets...
Unions and the BNP
The European Court of Human Rights has in ASLEF v UK upheld
the right of unions to exclude members of the British
National Party from membership. Article 11 of the European
Convention on Human Rights — conferring the right to join
trade unions and the protection of that right — does not
impose on a union the obligation to admit those who do not
share its values, the court ruled. The right of ASLEF to
choose its members outweighed the BNP member's right to
freedom of expression.
Health review
A comprehensive review of the health of the working age
population is getting under way, led by Dame Carol Black,
the national director for Health and Work. The review has
been jointly commissioned by the Department of Work and
Pensions and Department for Health and aims to increase
understanding of the link between work and health by
assessing the current situation and providing a benchmark
for future improvements. Details
here.
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About Andersons
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Andersons offer a comprehensive employment law service to a
broad client base comprised mainly of quoted and private
companies, public authorities, charities and private
individuals, many of whom are household names. Our expertise
covers all aspects of employment law and in particular
matters relating to litigation, re-organisations, severance,
training and general HR advice. We act for clients on a
nationwide basis and represent clients all over the country
in Employment Tribunals, the Employment Appeal Tribunals and
other courts.
If you require advice or assistance in respect of any
particular matter, please contact Malcolm Davies on
Malcolm
Davies . For more information
about Andersons, please see our website
http://www.andersonssolicitors.co.uk .
Disclaimer
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The information and any commentary contained in these
bulletins is for general information purposes only and does
not constitute legal or any other type of professional
advice. Andersons Solicitors do not accept and, to the
extent permitted by law, exclude liability to any person for
any loss which may arise from relying upon or otherwise
using the information contained in these bulletins.
If you have a particular query or issue you are strongly
advised to obtain specific, personal advice about your case
or matter and not to rely on the information or comments in
this bulletin.
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