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2012: Employment Law Changes

admin — Mon, 28 Nov 2011 13:55:11 +0000

The government has recently set out its’ proposals for what is claimed to be the biggest overhaul of employment law for many years .

The main proposals include the following:

• qualifying period to claim unfair dismissal to increase from 1 year’s employment to 2 years;
• all claims to undergo mediation via ACAS, before they can be lodged with the tribunal;
• the introduction of protected conversations between an employer and employee (but discriminatory acts will be excluded);
• a ‘rapid resolution scheme’, to enable simple claims to be settled within three months;
• financial penalties for employers who breach employment rights;
• CRB checks to be portable, so there would be no need for a fresh application when moving jobs; and
• maternity and paternity leave to provide for greater involvement for fathers.

To discuss how these changes may effect you, or anything else please contact us by emailing legalteam@baileyfields.com or calling 01233 822537

The Equality Bill

admin — Wed, 17 Feb 2010 15:20:42 +0000

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.

Advertising: Age Discrimination

admin — Sun, 23 Nov 2008 10:30:15 +0000

Employers should consider whether it is necessary to specify in an advert that a certain level of experience is required. A tribunal has found that an advert stating that a teaching vacancy “would suit candidates in the first five years of their career” amounted to indirect age discrimination.

When a teaching vacancy arose Milton Keynes Local Education Authority advertised for candidates in “the first five years of their career”. The school wanted to appoint someone on the same pay scale as the departing employee.

“would suit candidates in the first five years of their career”

Mrs Rainbow was a 61-year old teacher with 34 years’ teaching experience. When she requested an application pack from the school she was told to send in a letter of application only. Unlike other candidates, she did not receive an application form, job description or person specification.

On failing to be short listed for the position, Mrs Rainbow brought claims of direct and indirect age discrimination.

Although the tribunal rejected her claim of direct discrimination, it found that the local authority had indirectly discriminated against her on the grounds of age.

The requirement to be in the first five years of their career put older individuals at a disadvantage because they were much more likely to have more than five years’ experience.

To ensure that your advertising complies with employment law regulations contact us. We can advise on all forms of recruitment advertising. Call us on 01233 822537.