•	Welcome
•	Ageing workforce
•	Dismissal investigations
•	Data protection help
•	Motivated to strike
•	New religious hatred law
•	Getting your act together
•	And some snippets...

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Welcome
A quick reminder: the minimum annual leave entitlement for all employees increased to 4.8 weeks (equivalent to 24 days for those working 5 days per week) from 1st October. In addition, the national minimum wage increased for adults to £5.52 per hour.

And from the courts, there's a ruling on the introduction of new evidence on appeal, one on equal pay, and another on conduct and capability investigations.

Malcolm Davies
Andersons Solicitors

Ageing workforce
Research by the Department for Work and Pensions on employer attitudes suggests that more age-friendly HR policies are emerging, especially around retention and flexible working.

The survey – published to mark the first anniversary of the Employment Equality (Age) Regulations 2006 taking effect – also shows that older workers are increasingly seen as an asset with most employers professing to be sympathetic to allowing staff to stay on beyond normal retirement age.

The evidence on recruitment was less encouraging and while most employers had measures in place to eliminate formal age discrimination, this did not appear to have resulted in more older workers being offered work. Details here.

Another survey – for Jobcentre Plus – found the main quality younger workers see older colleagues contributing is experience while older workers were most impressed by younger colleagues' ability to learn quickly. Details here.

Dismissal investigations
The Employment Appeal Tribunal has ruled on several points arising from a conduct and capability investigation involving an employee accused of malingering. In particular, the employer is under no obligation to:

• take a statement from whoever tips off the employer about the alleged malingering if medical or video evidence is subsequently relied on when dismissing
  
   
• seek a report on malingering from a consultant; evidence from an occupational health physician is sufficient.

Data protection help
The Information Commissioner's Office has recently updated its guidance on what constitutes 'personal data' under the Data Protection Act. The new guide, "Determining What is Personal Data", includes examples showing how data relates to real people. Updated guidance on what comprises a 'relevant filing system' will follow soon.

Motivated to strike
What motivates workers to take industrial action depends on their age, according to research by business psychologists OPP. Those aged between 35 and 49 would be most motivated to strike by poor wages and benefits while those aged 25-34 would walk out over dangerous working conditions.

Excessive hours were not an issue for 35-49-year-olds but significantly more of those aged under 35 listed this as a potential motivator for action.


New religious hatred law
The Racial and Religious Hatred Act 2006 came into force on 1 October, inserting new sections into the Public Order Act 1986 and making it an offence to issue threats or make other intimidating statements likely to stir up hatred on religious grounds.

All religions now have the same protection – the courts had previously identified Jews and Sikhs as 'racial groups' and thus protected under race laws but those of other faiths, including Muslims and Christians, were excluded.


Getting your act together
The Employment Appeal Tribunal has emphasized the importance of getting all the evidence together for employment tribunal hearings, stating that employers are generally not allowed a second attempt at defending claims, even with new evidence.

In the case in question, Hygia Professional Training v Cutter, an employee had been dismissed for allegedly trying to poach customers, but at the employment tribunal hearing the employers produced no real evidence and claimed they had not realised this was required.

After the tribunal decision, the employers produced four witness statements offering persuasive evidence that the ex-employee had, while still employed, been attempting to solicit work from clients.

The Employment Appeal Tribunal held, however, that the employer had failed to properly explain why such evidence could not have been produced at the initial hearing, adding that pleading ignorance or being in receipt of poor advice would not suffice.


And some snippets...

Equality body takes over

The Equality and Human Rights Commission took over the responsibilities of the Commission for Racial Equality, the Disability Rights Commission, and the Equal Opportunities Commission on 1 October.



Health and safety advice

The Health and Safety Executive has two new sections on its website – one promoting good practice in workplace disability equality and health and safety risk assessment, and the second focusing on falls from vehicles during loading and unloading.