IN THE NEWS THIS WEEK:
* COULD YOU BE SUED IF YOU CALL AN EMPLOYEE AT HOME?
* £140,000 FOR AN EMPLOYEE SUFFERING FROM STRESS
* NEW EOC GUIDANCE ON SEXUAL HARASSMENT
* E-MAIL RESULTS IN CLAIMS AGAINST CITY SOLICITORS
* AUTUMN EMPLOYMENT SEMINARS
COULD YOU BE SUED IF YOU CALL AN EMPLOYEE AT HOME?
The Institute of Management have recently issued an advice leaflet to its
members stating that employers who call employees at home to discuss work
related issues could be in breach of the Human Rights Act 1998 on the
grounds of invasion of privacy.
here was much press coverage suggesting that all employees could, if
their contracts did not impose a duty to be available outside working
hours, sue their employers if they were called at home.
We would like to stress that only employees of public bodies and companies
that carry out public functions are covered by the Human Rights Act. This
means that if you are a private body your employees could not bring a
claim against you on the grounds of invasion of privacy contrary to the
Act.
An employee may bring a claim for breach of contract and a Tribunal, as a
public body, would have to apply national law in a way that is consistent
with the Act. It is questionable whether an employee could claim breach of
contract in these circumstances. However, we suggest that, if you need to
contact employees at home, you state in their contracts that they are
expected to be available when work so requires and that this may occur
outside normal working hours.
£140,000 FOR AN EMPLOYEE SUFFERING FROM STRESS
A former social worker who claimed her life was "destroyed" by work
related stress, after her employer's refusal to improve bad management
practices, has been awarded £140,000 in damages. The employee was promoted
to deputy manager of a residential home against her will and without
adequate training or assistance, despite calls for help. External
inspectors also recommended that the home needed a permanent, experienced
manager, but the council ignored them.
he employee was eventually forced to retire on health grounds.
The case, as one of a number of successful claims of its type, serves as a
warning to all employers to heed the damage caused by stress. In
particular, employers should ensure that employees receive adequate
training and assistance, and their concerns are taken into account.
We can provide you with policies to assist you with dealing with
complaints from employees.
NEW EOC GUIDANCE ON SEXUAL HARASSMENT
The EOC have now issued guidance for both employees and employers on how
to deal with and avoid sexual harassment in the workplace.
The EOC's research has found that 90% of those whose claims were
successful had lost their job or resigned as a result of the harassment.
The EOC recommend that employers:-
1) adopt a clear policy that sexual harassment will not be tolerated in
the workplace;
2) spell out what kind of behaviour is unacceptable;
3) make sure victims know how to raise concerns and feel confident in
doing so;
4) investigate problems and take firm action to stamp out harassment
when it occurs.
You should note that employers may be liable for the acts of harassment of
employees which are committed outside working hours and not in the working
place. An employer can also be liable if they fail to act when they are
aware of incidents of harassment in the workplace. Having an harassment
policy is not enough to avoid liability and you must be seen to be taking
active steps to ensure employees are aware of it and abide by it.
You should include harassment in your list of acts of gross misconduct and
stress that you may dismiss without notice any employees found to have
harassed others.
We can provide an equal opportunities and an harassment policy if you
wish. Both the Norwich and the London employment teams will be happy to
provide further advice on this issue.
You can obtain the EOC guidance on
www.eoc.org.uk/PDFS/DEALIN%7EI.PDF.
EMAIL RESULTS IN CLAIMS AGAINST CITY SOLICITORS
An employee in a City firm of solicitors is claiming sex and race
discrimination against her employers as a result of an internal e-mail
that went awry.
The internal e-mail is alleged to have requested that a black secretary
who had handed in her notice be replaced with a "busty blonde". It is
alleged that the e-mail eventually found its way onto the secretary's
desk.
The firm have been quoted as saying that the comments were a "childish
joke."
This incident further stresses the need for strict e-mail and internet use
policies at work. Any such policy should make clear the purposes that the
e-mail facilities can and cannot be used for. Further, serious misuse of
the employer's facilities should be listed as an act of gross misconduct
justifying dismissal without notice.
Please contact us if you want us to provide an internet and e-mail use
policy.
AUTUMN EMPLOYMENT SEMINARS
The Norwich and London Employment Teams will be running a series of
Disciplinary and Grievance Procedures Workshops and Employment Law Updates
over the course of September and October. The program is given below and
to attend or receive further information please contact us.
Norwich 26th September Park Farm Hotel, Hethersett.
Ipswich 11th October Forte Posthouse Hotel, Ipswich.
London 18th October EEF Broadway House, Tothill St, St
James Park.
Cambridge 24th October Posthouse Hotel, Cambridge
WE CAN HELP YOU:
Please use the links on this page if you:
* Want to receive more information/advice on any of the matters in
this edition (please give details of the matter you require advice on).
* Want advice on any employment matters
* The employment team also conducts practical in-house training and
workshops for companies on a wide range of issues including:-
Managing sickness absence/stress in the workplace
Misconduct and the disciplinary procedure
Poor performance
Handling redundancy situations
Avoiding unlawful discrimination claims
Avoiding unfair dismissals
Employment law update and practical advice for line managers
* Our aim is to offer line managers practical training to ensure that
costly mistakes are avoided. All of the training workshops are tailored
to meet the exact requirements of each individual business.
* If you are interested in finding out more about such training please
do not hesitate to give us a call.
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.
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