Welcome to the latest edition of "e-news"
from Steele & Co Solicitors. In this issue we report on:
* DATA PROTECTION - MAIN PROVISIONS IN FORCE FROM 24 OCTOBER 2001
* PARENTAL LEAVE - GOVERNMENT RESPONSE TO CONSULTATION
* CAN REFUSAL TO PROVIDE A JOB REFERENCE AMOUNT TO UNLAWFUL VICTIMISATION?
* ECJ PROTECTS MOTHERS ON FIXED TERM CONTRACTS
* AUTUMN/WINTER EMPLOYMENT SEMINAR AND IN-HOUSE BRIEFING
DATA PROTECTION - MAIN PROVISIONS IN FORCE FROM 24 OCTOBER 2001
The DPA repeals and replaces the Data Protection Act 1984. The 1984 Act
applied to computerised records only but the new law also applies to
personal data recorded manually or in print. The general effect is to give
individuals rights of "subject access", namely the right to have access to
information held about them and to have that information corrected or
deleted where appropriate.
The right is enforceable by complaint to the Information Commissioner. She
has power to prosecute or to serve an enforcement notice on a defaulting
"data user".
There are transitional periods affecting existing manual records. These
are covered in two stages. The first main stage becomes fully effective on
24th October 2001 and the final stage becomes fully effective on 24th
October 2007.
We will be happy to advise you if you need assistance or further
information concerning data protection. Please contact us using the links on this page
if you would like further advice.
PARENTAL LEAVE - GOVERNMENT RESPONSE TO CONSULTATION
The government has published its proposals (in summary form) for changes
to the regulations that govern parental leave (Maternity and Parental
Leave etc. Regulations 1999). These proposals were posted on the DTI
website yesterday: www.dti.gov.uk/er/
The government intends to:
* confirm that the right to take parental leave will extend to all
parents of children who were under 5 as at 15th December 1999 (previously
it only applied to children born after 15th December 1999, which had been
challenged as unlawful before the ECJ). However, those parents must take
the leave over a period of 3 years and 3 months (rather than the normal 5
years);
* extend the period of unpaid parental leave from 13 weeks to 18 weeks
for all parents of disabled children (including those who were under 5 as
at 15th December 1999);
* include in the one-year qualifying period time spent working for a
previous employer.
The government does not intend to:
* increase the 21-day notice period (there had been some discussion
about increasing it to 28 days);
* make parental leave paid (it will remain unpaid).
If you require any further information or advice on this matter please
contact us at lonemp@steeleslaw.co.uk.
CAN REFUSAL TO PROVIDE A JOB REFERENCE AMOUNT TO UNLAWFUL VICTIMISATION?
Overruling the Court of Appeal, the House of Lords in the case of Chief
Constable of West Yorkshire Police & ors v Khan has held that the practice
of refusing to give a job reference for an employee who is in the process
of bringing race (or sex) discrimination proceedings against the employer
is not unlawful victimisation if the refusal is on the grounds that it
might prejudice those proceedings.
Mr Khan had an outstanding claim for alleged race discrimination against
West Yorkshire Police when he applied for an Inspector's job with Norfolk
Police force. Norfolk Police asked for a reference from West Yorkshire
Police who replied saying they could not give any reference "for fear of
prejudicing [their] own case before the tribunal". Mr Khan claimed this
amounted to unlawful victimisation. The House of Lords disagreed stating
that for the purpose of deciding whether an employer's refusal to provide
a reference for an employee who is suing the employer for race
discrimination is itself unlawful victimisation, it is legitimate to take
into account that "they are not only employer and employee but also
adversaries in litigation. The existence of that adversarial relationship
may reasonably cause the employer to behave in a way which treats the
employee less favorably than someone who had not commenced such
proceedings".
You will note that Mr Khan made his request for a reference while he was
still employed by West Yorkshire Police. Had his request been made
post-employment there would have been no cause of action since in law
there can be no post-employment race discrimination, although there can be
post employment sex discrimination (as reported in our enews on 13 July
2001).
We will be happy to advise you if you need assistance or further
information concerning all aspects of the law related to the provision of
employment references. Please contact us using the voting buttons above if
you would like further advice.
ECJ PROTECTS ON MOTHERS ON FIXED TERM CONTRACTS
The European Court of Justice has handed down two decisions which seek to
improve the protection afforded to mothers on fixed term contracts.
In the first of the two cases, it has held that it is unlawful to dismiss
a woman on grounds of pregnancy even if she was employed only for a fixed
period and was unable, by reason of her pregnancy, to work for a
substantial part of that fixed period and even if she deliberately failed
to inform the employer that she was pregnant when she was taken on.
In the second case, it has also held that the coming to an end of a fixed
term contract without renewal is not dismissal for the purposes of the
Pregnant Workers Directive 92/85/EC. However if the reason for the
non-renewal of a fixed term contract is because of the worker's pregnancy
then it will amount to direct sex discrimination contrary to the Equal
Treatment Directive 76/207/EEC.
AUTUMN/WINTER EMPLOYMENT LAW SEMINAR AND IN-HOUSE BRIEFING
The London Employment Team will be presenting a Disciplinary and Grievance
Procedures Workshop and Employment Law Update at Broadway House, St James
Park, London on 31 October 2001.
The London Employment Team will also be holding a briefing on Managing
Redundancies in the Workplace at their Guilford Street offices on 28
November.
To attend or receive further information concerning either the seminar or
the in-house briefing please contact us using the links on this page.
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
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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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