E-NEWS: 18 May 2001

IN THE NEWS THIS WEEK:

* Legal secretary's complaint of sex discrimination upheld by tribunal
* ACAS hit by sex discrimination claims from two-thirds of its workforce
* Statutory code of practice on avoiding race discrimination in recruitment
* HSE claims £600 million saving to businesses in preventable incidents

LEGAL SECRETARY'S COMPLAINT OF SEX DISCRIMINATION UPHELD BY TRIBUNAL

* A legal secretary dismissed by a firm of solicitors after she complained about being shown pornographic pictures by her boss has had her compliant of sex discrimination upheld by the employment tribunal.

* The Chairman of the tribunal said "Mr H sexually discriminated against Mrs G by showing her a book which contained sexually explicit pictures and by dismissing her after she took exception to him doing so."

* The tribunal is now assessing how much compensation should be paid to Mrs G. In doing so the tribunal is not hindered by statutory limits, as there is no ceiling on the amount of compensation that may be paid for unlawful discrimination.

* Employers are liable for the unlawful acts of their employees unless they have taken all reasonable steps to prevent the unlawful act occurring in the first place. This means that preventative action should be taken. This would include implementing and monitoring an equal opportunities policy and harassment policy as well as providing training for supervisors and managers of employees on avoiding unlawful discrimination in the workplace.

* The London Employment Team undertakes in-house training and workshops for managers and supervisors in a number of areas including avoiding unlawful discrimination in the workplace. If you would like further details about our in-house training please contact Cheryl Edmonds, Partner and Head of the London Employment Team or a member of the team direct.

ACAS HIT BY SEX DISCRIMINATION CLAIMS FROM TWO-THIRDS OF ITS WORKFORCE

* ACAS the industrial relations organisation set up to provide an independent and impartial service to prevent and resolve disputes has been faced with tribunal applications from two-thirds of its workforce claiming indirect sex discrimination against women.

* The claims centre around the pay system which rewards staff with greater pay the longer they work for the organisation. The trade union on behalf of the female Applicants claim that as women often take time out to have children they are unable to accumulate the same length of service as men and are therefore discriminated against.

* ACAS is of course seeking to negotiate a settlement and resolve the cases without the need to go to a hearing. It is also reviewing its internal pay arrangements.

* Employers with similar pay arrangements should ensure that such arrangements do not indirectly discriminate against their female staff or they may face similar complaints.

STATUTORY CODE OF PRACTICE ON AVOIDING RACE DISCRIMINATION IN RECRUITMENT

* A draft Code of Practice pursuant to the Immigration and Asylum Act 1999 ("the 1999 Act") has been laid before Parliament by the Home Secretary.

* The Code sets out the responsibilities of employers under the Race Relations Act 1976 and under the 1999 Act when dealing with recruitment. It details how employers can rely on the statutory defence available under the 1999 Act to avoid prosecution for knowingly employing individuals without permission to work in the UK.

* The Code will be admissible in evidence in proceedings under the Race Relations Act before an employment tribunal.

HSE CLAIMS £600 MILLION SAVING TO BUSINESSES IN PREVENTABLE INCIDENTS

* The Health and Safety Commission ("HSC") is consulting on proposals to force employers to investigate all workplace incidents, including near misses. If accepted these proposals will necessitate a change in the law to ensure that all employers are required to investigate all reportable incidents to find out how they happened and most importantly be prevented in the future.

* The HSE estimates that such measures could save society up to £1.8 billion per year in preventable incidents and £600 million saving to businesses.

* Copies of the proposals can be found on the HSE web site and comments are requested by 3rd September 2001.

EMPLOYMENT LAW BRIEFINGS

The London Employment Team led by Cheryl Edmonds run regular employment law briefings at its central London offices. If you would like further details of these briefings and a programme please email us at lonemp@steeleslaw.co.uk.

If you would like to discuss your specific employment law related requirements please contact us on 020 7421 1720.

Visit our web site http://www.steeleslaw.co.uk

See this and other articles from Steele & Co on the web at: hrmguide.co.uk

This bulletin is intended for general guidance only and should not be relied upon without detailed legal advice on your specific circumstances.

This article copyright © 2001 Steeles Law. All rights reserved.