Keep up to date with the latest employment and legislative changes with our news feed service provided by Personnel Today.
18/4/2007
1 October 2004
1 October 2004 heralds major changes for individuals and employers alike.
We have added some short articles in this "news" page that provide further information about changes related to two of the most significant areas: dispute resolution in the workplace and disability discrimination.
However other changes that came into effect on 1 October 2004 are:
the annual increase to the national minimum working wage; together with the introduction of a new minimum hourly rate of £3.00 for 16 and 17 year olds
two relatively minor changes to the Equal Pay Act
In addition, for those individuals about to make a claim in the Employment Tribunal - or for those employers facing one - from 1 October the Employment Tribunal rules of procedure increase in number from 23 to 61. We have updated our "Employment Tribunals" page to reflect these changes and will continue to review and revise the page as the rules and practices become established.
You can read the Department of Trade and Industry's press release about 1 October 2004 here: Press release - 1 October 2004
1/10/2004
Employment Relations Act 2004
Certain parts of the newly passed Employment Relations Act 2004 took effect on 1 October 2004.
For many employers the main impact will be the extension of the right of accompaniment at disciplinary, dismissal, appeal and grievance hearings ... as follows:
The employer must permit the worker's companion to-
(a) address the hearing in order to do any or all of the following- (i) put the worker's case; (ii) sum up that case; (iii) respond on the worker's behalf to any view expressed at the hearing; (b) confer with the worker during the hearing.
BUT the employer is not required to permit the worker's companion to-
(a) answer questions on behalf of the worker; (b) address the hearing if the worker indicates at it that he does not wish his companion to do so; or (c) use the powers conferred by the above in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.
In addition: a new right is introduced for workers not to be offered an inducement not to join a trade union, and extending protection against suffering a detriment on trade union grounds; together with a jurisdictional point allowing Employment Appeal Tribunals to hear appeals from claims brought as a result of a breach of the right to accompaniment.
1/10/2004
Disability Discrimination
The main changes that applies to every business from 1 October are:
1) A new definition of discrimination. Discrimination is already defined as (a) less favourable treatment for a reason relating to disability and (b) failure to make a reasonable adjustment. The new definition is added to run alongside - less favourable treatment on the ground of a disabled person's disability.
2) The scope of the duty to make reasonable adjustments is extended. Instead of the duty to make adjustments regarding "arrangements..."; "arrangements..." is replaced with "provision, criterion or practice applied by or on behalf of an employer". The Disability Rights Commission's Code of Practice states that, for example, the duty to make reasonable adjustments will apply to "selection and interview procedures and arrangements for using the premises for such procedures as well as to job offers, contractual arrangements and working conditions". The Code also suggests that employers will probably have to make information about a prospective job available in an accessible format e.g. Braille, large print, audio tape etc. Website accessibility will also become an issue. The reasonable adjustment duty also extends to cases of discrimination by dismissal.
3) The justification defence is removed. Previously an employer could attempt to plead that its failure to make a reasonable adjustment was justifiable. From 1 October the possibility to justify such a failure is expressly removed.
4) Harassment. From 1 October a new and freestanding definition of harassment has been introduced.
5) Burden of proof. This has shifted to reflect that of the sex and race discrimination acts and which will potentially make it easier for complainants (the new terminology for "applicants") to succeed in their claims.
6) Instructions and/or pressure to discriminate becomes unlawful.
7) Discriminatory adverts. Advertisements that indicate an intention to discriminate (even unintentionally) becomes unlawful. The Code gives some examples, such as an advert requiring applicants to be "active and energetic" in the context of a sedentary job.
8) The exemption for small employers (those with less than 15 employees) has been removed altogether.
Disability access requirements are also a key consideration for all businesses. The duty to make reasonable adjustments applies to the physical premises as well as employment. This includes, for example, disabled signage.
The Code took effect from 1 October 2004 and is not law - but Employment Tribunals will take into account compliance with the Code (or otherwise) when deciding if a dismissal was fair.
On 29 September ACAS also published some helpful flowcharts that summarise the disciplinary and grievance procedures. You can freely download them at: Disciplinary and Grievance procedures - flowcharts.
Don't forget that most dismissals taking effect from 1 October will be automatically unfair if the new statutory minimum procedures are not carried out. As well as being automatically unfair, any award will be increased by 10 to 50%. ..... and if that isn't enough.... if the Employment Tribunal finds that there was no written statement of particulars (sometimes incorporated into a contract of employment) - they will award a further two to four weeks pay.
1/10/2004
Employment Tribunals Service release latest figures...
On 20 July 2004, the Department of Trade and Industry issued the Employment Tribunals Service Annual Report 2003-2004: 17% increase in the number of applications registered to 115,042; 76% increase in sex discrimination claims - skewed by over 7000 claims related to the widely reported "collar and tie" Jobcentre Plus dress code case; 976 costs orders made - 332 in favour of Applicant and 644 in favour of Respondent.
