Welcome
Perhaps the UK government secretly reads my blog and your postings on it?!
See http://www.elliswhittam.com/blog/. Many of you posted comments on the blog following my suggestion that it's time to abolish statutory dismissal procedures and some unfair dismissal law. Well, a fundamental overhaul of the statutory dismissal and grievance procedure now looks likely following a critical review carried out on behalf of government.
Meanwhile ministers have taken on board the Low Pay Commission's recommendation that the National Minimum Wage 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.
Mark Ellis
Ellis Whittam Limited
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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