IN THE NEWS THIS WEEK:
* EC approves proposed directive
* Further payment for victimised prison officer
* Is homosexuality covered by the Sex Discrimination Act?
* Dress codes - getting the balance right
* Steele & Co Redundancy Training Workshops
EC APPROVES PROPOSED DIRECTIVE
* It appears that the proposed Directive for informing and consulting
employees in the European Community has finally been approved.
* Once the Directive is passed, which follows shortly after approval,
the UK will have seven years in which to phase in the implementation of
the Directive. Implementation will mean that all employers with over 20
workers in a single workplace (or 50 throughout different workplaces) will
have to inform and consult workers on all crucial decisions regarding such
issues as: the reasonably foreseeable development of the undertaking's
activities and its economic and financial situation; the situation,
structure and reasonable foreseeable developments of employment within the
undertaking and any decisions likely to lead to substantial changes in the
work organisation or contractual relations.
* The recently published Employee Consultation Rights Bill does not
comply with the Directive and will have to be amended. Under the Bill the
penalty for breaching the consultation obligations was only 4 weeks pay.
However, under the Directive, failure to consult on any decision likely to
lead to a substantial change in the work organisation or contractual
relations may result in any business decisions taken or dismissals related
to the changes having no legal effect until the employer has fulfilled
their obligations.
* Cheryl Edmonds, Head of the Employment Team in London comments: "This
Directive and in particular the power of the courts to declare dismissals
and business decisions as having no effect, is a radical development. It
affords to employees, even in relatively small undertakings, considerable
leverage in forcing employers to consult with them"
FURTHER PAYOUT FOR VICTIMISED PRISON OFFICER
* A Prison Officer who returned to work after succeeding in his race
discrimination claim against the Prison Service, has now received a
further award for victimisation, bringing the total damages to nearly
£110,000 to date.
* The original case for race discrimination made the headlines, at the
time, for attracting the highest award for injury to feelings, being
£20,000.
* It appears that after the employee returned to work in 1996,
following the conclusion of his claim for race discrimination, he
continued to suffer victimisation from colleagues because of the outcome,
resulting in his nervous breakdown.
* The final Tribunal award, in this matter, is expected to be
concluded in January 2002, pending further assessment.
IS HOMOSEXUALITY COVERED BY THE SEX DISCRIMINATION ACT?
* The case of Secretary of State-v-MacDonald has now made the
headlines on two occasions for its dealing with the issue of whether the
Sex Discrimination Act can be used to bring claims based on sexual
orientation.
* Originally, in October 2000, the Employment Appeal Tribunal departed
from previous cases and declared that the word 'sex' in the Sex
Discrimination Act is ambiguous and could include sexual orientation as
well as gender.
* However, the Scottish Court of Session have now overruled this
decision and restored the original position, judging the word 'sex' in the
Sex Discrimination Act to mean nothing more than gender.
* Although this decision is seen as clarifying this area of law, the
Government is required, by December 2003, to introduce legislation
prohibiting discrimination on the grounds of sexual orientation to comply
with European Law.
DRESS CODES - GETTING THE BALANCE RIGHT
* With summer allegedly here and temperatures rising, employees may be
tempted to wear the bare minimum in order to keep cool, but this can lead
to an increase in harassment claims. An employee who wears revealing
clothing is more likely to become a victim of sex discrimination or
harassment and an employer has ultimate responsibility in such cases.
Additionally those who are offended by seeing their scantily clad
colleagues may also bring claims if they can demonstrate a detriment.
* The answer is to introduce a dress code. As with all policies a
dress code should not be discriminatory, so it is important that, as far
as possible, the code applies equally to male and female employees. It is
also important, that a dress code does not prevent employees wearing
clothing which has religious importance, such as turbans, as although
there is currently no legislation covering religious discrimination, such
a policy may be classed as race discrimination. There are also
implications under the Human Rights Act which have to be considered by
those covered by the Act.
* For help and guidance in writing a dress code please contact us
using the links on this page.
STEELE & CO REDUNDANCY TRAINING WORKSHOPS
* The London and Norwich Employment Teams are running a series of
Redundancy Training Workshops over the course of June and July and these
are listed below. To book your place or request further information
please contact us using the buttons above:
* Ipswich 21st June Forte Posthouse, Ipswich.
* Norwich 26th June Park Farm, Hethersett
* London 10th July Broadway House, Tothill St, St James Park, London
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