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Specialising in improving YOUR Company performance, efficiency and profitability

Whatever your problems, we can work WITH YOU to make improvements. Directors have over 100 years experience between them at Senior Management/ Company Director level in a wide variety of market sectors and have spent several years individually improving Companies We work WITH you in identifying barriers to your growth, and then subsequently assist you in overcoming those barriers.		Industry Sector Experience Assembly; Charities; Children's Nurseries; Cleaning; Construction, Design; Distribution; Education; I.T.; Leisure; Motor Trade (Distribution and Retail); Parts suppliers; Plant Hire; Print; Professions (Lawyers, Accountants, Quantity Surveyors); Recruitment, Service Industries; Small Manufacturing; Social Enterprise; Training;

NEWS IN BRIEF

Migrant Workers

2008 sees radical changes being introduced into all aspects of Business Immigration as a result of the introduction of Civil Penalties for illegal workers on 29 February 2008 and the new Points Based System being introduced on a roll out process by the Home Office which will affect 80 current work and study immigration categories.
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Minimum Wage Increase (1 October 2008)

The adult rate will rise from £5.52 to £5.73, and the rate for 18-21 year olds will also increase from £4.60 to £4.77, while the 16-17 year old rate will rise from £3.40 to £3.53. With effect from 1 October 2008.
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Dyslexic Policeman is Disabled

The EAT overturned a decision which previously ruled the claimant as abled. Where previously the claimant’s (newly diagnosed) diagnosis looked at what he could do and that the impact was relatively small, it was concluded that he was not disabled. Medical evidence suggested that he ought to be given 25% extra time for completion of written and financial literacy.

The EAT overturned this decisions and held that a person who needed 25% longer to complete an examination because of his dyslexia was at a substantial disadvantage to the position if he did not have dyslexia, and he was therefore disabled within the meaning of the Disability Discrimination Act 1995.

It stated that the correct comparison to determine disability is to compare what the claimant can do and can not do as a result of the impairment and not to compare them to the average person in the population.

Example of an Age Discrimination Case

The Equality Tribunal in Ireland recently found in favour of an applicant in an age discrimination case.

Mr Cunningham lied about his age on the agency registration form; he put 37 when he was in fact 47. His reason for doing so was that he felt that this information was irrelevant to the post in question. The agency refused to put him forward for the job as he had lied about his age on the form.

The Equality Tribunal found in favour of Mr Cunningham. The Agency could not defend its case saying that Age was not a consideration in the application as it was blatantly asked. Mr Cunningham was awarded 5,000 Euros (approximately £3,400) for distress and breach of his rights.

Employment Tribunal Statistics

Looking at the recently published Employment Tribunal Statistics from 2006-07 shows that most cases never reach hearing stage:

31% are withdrawn at an early stage
24% are settled with the help of ACAS
21% are struck out before they are heard or dismissed at a preliminary hearing.

But beware, those that do make it are twice as likely to be found in favour of the claimant:

12% are found in favour of the claimant
6% are found in favour of the employer.

Asleep at the Wheel: Employers Responsibilities (April 2008)

Is a company liable for injuries when an employee has an accident whilst driving on company business? Under new legislation, employers who fail to ensure their staff drive safely could face prosecution for crashes involving company cars. The Corporate Manslaughter Act, which comes into force in April, places more responsibility on employers to ensure the safety of their drivers particularly in light 1,000 fatal car crashes involving company vehicles last year.

From April, employers should be checking the validity of MOTs, insurance and driving licenses, and not placing unreasonable demands on staff in terms of long hours which could make them drive when tired.

Directors - Are You Aware of Your Duties?

With effect from 1 October 2007, under provisions of the Companies Act 2006, directors' duties owed to the company will be set out in statute for the first time. The new law also gives shareholders the ability to bring a derivative claim, on behalf of the company, against a director in breach of these duties.
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Employment Appeals Tribunal Refuses 'Powerful' New Evidence

A worker has won the right to compensation for his sacking after being accused of poaching customers from his employer and starting up his own rival firm. The employer lost the case despite a tribunal finding 'powerful evidence' in the employer's favour.
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Pay Out for Bullied Epileptic Woman

A business woman who claimed she was bullied by senior managers at Estee Lauder is in line for a £225,000 compensation payout.

Three R's Could Land Bosses in the Dock

Testing applicant's basic reading and writing skills could land employers in court, following a landmark case which ruled mild forms of dyslexia to be considered as a disability.

Law Firm Settles 'Homophobia' Discrimination Case

Clifford Chance, the world's biggest law business, has paid out an undisclosed sum in settlement of what is believed to be the first claim against a law firm for discrimination on grounds of sexual orientation.

Maternity Pay Increases Delayed until April 2010

The Government still has a goal to extend Statutory Maternity Pay (SMP), Maternity Allowance (MA) and Statutory Adoption Pay (SAP) from 39 weeks to 52 weeks and to introduce Additional Paternity Leave and Pay (APL&P) by the end of this Parliament.

However, a Notice issued in October (2007) states that the plans have been put back by a year. It says that "HMRC has, up to now, been planning on the basis of implementation for babies due on or after April 2009. We will now start planning implementation for babies due on or after April 2010."

Constructive Dismissal and Grievance Procedures

The EAT has handed down a very interesting judgment in GMB Union V. Brown.

Ms Brown had a grievance against her line manager, a regional secretary of the GMB, flowing largely from the breakdown of their working relationship. She did not want him to deal with the grievance himself as she was suffering from stress, and wanted somebody else to hear the grievance. The manager refused to vary the contractual grievance procedure, which provided he should hear the grievance first, resulting in months of argument, stress absence and eventual resignation by the Claimant.

The ET held, and the EAT upheld, that the GMB's refusal to depart from the grievance procedure amounted to a breach of trust and confidence - and thus the Claimant's constructive dismissal claim succeeded.

Working with Cancer

Cancer is now deemed to be a disability under the DDA 1995.
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Bank Holidays and Part Time Workers

The Court of Session has affirmed the EAT's decision, holding that an employer who does not give a part-time employee pro rata days off work to reflect Monday bank holidays is not discriminating under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
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Commission for Equality and Human Rights (October 2007)

A new single Commission for Equality and Human Rights (CEHR) will be established. It will bring together the work of the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission. It will also have responsibility for the new equality areas of age, religion and belief and sexual orientation and will work to promote human rights.

Increase in Annual Leave Entitlement (October 2007)

The DTI has proposed an increase in minimum holiday entitlement under the Working Time Regulation 1998 from 20 days to 28 days per annum.
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Smoking Ban (1 July 2007)

England will become 'smoke-free' from 6am on Sunday 1 July 2007. The new law is being introduced to protect employees and the public from the harmful effects of secondhand smoke. It will be against the law to smoke in virtually all enclosed public places, workplaces and public and work vehicles. There are very few exemptions from the law. Indoor smoking rooms in virtually all public places and workplaces will no longer be allowed. Managers of smoke-free premises and vehicles will have legal responsibilities to prevent people from smoking.

The new law applies to anything that can be smoked, including cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars and herbal cigarettes.

Failure to comply with the new law will be a criminal offence, with penalties and fines up to £2,500.