Prime target: Bullying in the workplace

The TV and Press are buzzing at the moment with allegations that Gordon Brown has bullied members of staff in Downing Street and Whitehall.

Bullying and harassment in the workplace give rise to a number of legal issues:

• An employer may be liable under the discrimination legislation if it fails to protect its employees and other workers from harassment in the course of their employment.

• The Protection from Harassment Act 1997 may also impose liability on an employer for a course of conduct amounting to harassment by an employee.

• Employers also have a number of implied contractual duties, including a duty to provide a safe and suitable working environment, a duty not to destroy mutual trust and confidence, and a duty to provide redress of grievances.

How should you deal with allegations of bullying and harassment? Read more in our new issue of OrchardNews here

The Equality Bill

Employers need to start preparing for changes to be brought about by the Equality Bill in 2010. The changes will affect all businesses regardless of size and will require them to take positive steps to avoid discrimination in the workplace.
In view of the changes coming in 2010, it has never been a better time for companies to have an equality audit of their business to ensure that they are fully prepared for the changes.

Read the rest of this article in our winter issue of OrchardNews by clicking here

When I’m 65. Retirement Guidelines

As the law currently stands, an employee has no right to work beyond the age of 65 years if his employer has followed the correct notification procedures and no longer wishes him to continue working.

The Equality and Human Rights Commission (EHRC) has proposed the abolition of the current default retirement age of 65.

The Government has brought forward its review of the retirement age of 65 from 2011 to 2010 and it appears likely that the Government will increase the age of retirement in the near future. There is no clear date of when this will be, although the closing date for submissions of evidence for the Government’s research into employers’ aged-based practices was 1 February 2010.

It has also been suggested that the right to request working flexibly should be extended to everyone. EHRC’s research showed that older workers would like to work more flexibly, both in terms of hours of work and location (for example, around 40% would like to stay in their current jobs, but with greater flexibility in hours or days worked).

Read the rest of this article in the Winter 2010 Issue of Orchardnews by clicking here

Contractor or Employee: Can you tell the difference?

It is not uncommon for contractors to quite happily agree that they are self employed and so benefit from preferential tax treatments and flexibility during the course of working and then, once the assignment is terminated, seek to make a claim for unfair dismissal on the basis that they were actually an employee.
It is therefore important that whatever the relationship, it is correctly documented in writing and the parties work in accordance with the contract.

Read the full article at http://www.baileyfields.com/orchardnews