Newsletter-Nov 2006 by etssetcf


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                                      Human Resource Management

                                         Keeping You Up To Date with all Human Resource and
                                                       Employment Law news

                                DISABILITY EQUALITY DUTY GUIDANCE
  2006                                      PUIBLISHED
                     The Disability Rights      responsibilities under     and procedures for
                     Commission (DRC) has       the new duty, including    their disability equality
Inside this issue:   published employment       practical tips and case    schemes, which must
                     guidance on the            studies.                   be in place by 4
                     forthcoming                                           December. This will,
                                                Marie Pye, head of the
                     Disability Equality Duty                              however, be a long-
                1                               Disability Equality Duty
 DISABILITY          for publicly funded                                   term programme for
                                                at the DRC, said: “The
  EQUALITY           organisations.                                        change – the hard
                                                public sector employs
    DUTY                                                                   work continues beyond
                     Around 45,000 public       millions of people, but
  GUIDANCE                                                                 December.”
                     bodies will be affected    there aren’t as many
 PUIBLISHED          by the new duty when       disabled employees in      Copies of the guidance
                     it comes into force on     the sector as there        can be
                     the 4 December.            should be.                 downloaded from the
 PAY GAP        1    The guidance gives         "The new duty requires     DRC website HERE or
                     advice and information     all public sector bodies   by logging onto
                     to public bodies on how    to review their  
                     they can meet their        employment policies
WINS £24,000 2
    FOR                         WOMEN IN THEIR TWENTIES EARN MORE
 DISMISSAL                               WOMAN LOSE OUT

 DRESS CODE          Women in their 20s         £17.23 per hour, while     Jenny   Watson     said
   POLICY            on a middle-income         a woman in the same        women were still losing
                3    wage are now paid          age group in the top       out too much in the
                     more than their male       10% could be on 74p        pay stakes.
                     equivalents – but at       per hour less.
                                                                           "The pay gap, sadly,
                     higher wages and
                                                Women     also  faced      isn't   closing fast
QUICK ADVICE 4       older ages women
                                                lower wages at the         enough,"
                     are still losing out,
                                                ages where they were
                     according to an                                       "[We need new laws] if
                                                most likely to have
                                                                           we are to tackle this
                     The ONS found half of      children and in older
                                                                           stubborn    inequality
                     women aged between         generations.
                                                                           and speed up the pace
                     22 and 29 earned more
                                                The gender pay gap for     of change."
                     than £9.55 per hour in
                                                the average worker
                     April this year.                                      Office of National
                                                overall was 12.6%,
                                                                           Statistics report can
                     Slightly less than half    down from 13% last
                                                                           be accessed here
                     of men in the same         year and 18% in 1997.
                     age bracket earned         The average pay gap        or by logging onto
                     this amount.               remained static from
                                                last year at 17.1%.
                     However, the top 10%
                     of men in their 20s        Equal   Opportunities
                     were paid at least         Commission     chair
    Page 2          APPRENTICE WINS £24,000
                    FOR WRONGFUL DISMISSAL

                  APPRENTICE James            Mr Lloyd, started an      to terminate his
                  Lloyd has won a             apprenticeship with       apprenticeship when it
                  £24,000 payout after        Federal-Mogul Sintered    did.
                  taking his bosses to an     Products Ltd, in
                  employment tribunal         Holbrooks, Coventry, in   The tribunal panel also
                  for wrongful and unfair     August 2000.              found Mr Lloyd had
                  dismissal.                  He was employed as a      been unfairly dismissed
                                              maintenance technician    because the company's
                  He won the large            apprentice and was        absence policy was
 To support all   settlement after            expected to work for      "inherently unfair" and
                  recruiting the help of      the four years of the     that a disciplinary
 Organisations    staff at Coventry Law       apprenticeship.           hearing had not been
  to meet the     Centre, who took on                                   conducted fairly and
      new         his case.                   He had signed a           that no "reasonable"
                  Mr Lloyd, aged 23, is       standard                  employer would have
  Employment      relieved that his           apprenticeship deed       sacked him in the way
      Law         nightmare has now           and what was called a     that it did.
  regulations,    reached a conclusion.       "modern
                  "I'm glad it's all over,"   apprenticeship pledge".   Mr Lloyd was awarded
Lord and Co HR
                  he said. "I'm pleased       His firm dismissed him    compensation of
 are offering a   with the settlement.        after three years,        £20,000 for the breach
  confidential    "I didn't do anything       before the end of his     of his apprenticeship
  consultation    wrong and when my           apprenticeship,           contract and £4,000 for
                  former employers said       because of his alleged    unfair dismissal.
      and         'See you in court', that    attendance record.        The damages took into
  assessment      just made me more           With the help of          account the significant
    service.      determined to take          Coventry Law Centre,      effect on Mr Lloyd's
                  them on.                    he brought a claim of     future earning capacity
 If you would                                 unfair dismissal, heard   as, having not been
like to take up   I just hope that my         by Birmingham             able to complete his
  this service    experience helps other      Employment Tribunal.      apprenticeship, his
please contact    people who might find       The tribunal ruled that   career prospects had
                  themselves in the           he had been wrongfully    been compromised.
   us now on      same situation."            dismissed and the
01625-869-814 /                               company had no right

     info@                            Health & Safety Solutions
                         Lord and Co HR also offer full Health & Safety services.
or log onto our    We provide accredited Health & Safety training, as well as carrying
 information        out risk assessments to ensure your organisation adheres to all
                                      Health & Safety legislation.
  web site at
                    If you would like to take up this service please contact us now on
     www.                    01625-869-814 / 07738-875-213, e-mail us at
 lordandcohr or log onto our information web site at                      
                                   People are your most vital resource.
                               Invest in them and they will invest in You.
                                                                                      Page 3

                                          DRESS CODE POLICY

                                   not affected by politicians'       case under the Employment
A Muslim teaching assistant        comments.                          Equality (Religion or Belief)
who was suspended for                                                 Regulations 2004. She said: "It
refusing to remove her veil        Shahid Malik, the Labour MP for    is clear that discrimination has
during lessons has been            Dewsbury, described the            taken place and I am
awarded £1,100 for "injury to      findings as "quite clearly a       disappointed the tribunal has
her feelings".                     victory for common sense".         not been able to uphold that
                                   Problems arose three weeks         part of my claim.
Aishah Azmi, 24, lost her claims   after Mrs Azmi started her job
that she was discriminated         in September last year when a      "I am pleased the tribunal
against because of her religious   male teacher, with whom she        recognised the victimising way
beliefs and that she had           was asked to work, objected to     in which the school and local
suffered harassment.               her veil.                          education authority have
But an employment tribunal                                            handled this matter and the
ruled that she had been            She was asked to remove it the     distress that has caused me."
victimised through the             following week but declined and
environment created as a result    again refused when she             The panel awarded her £1,000
of her stance.                     returned several months later      for injured feelings with an
Mrs Azmi was suspended when        from sick leave.                   extra 10 per cent because
she insisted on retaining her      The school consulted Kirklees      statutory grievance procedures
niqab while working at             education authority and it was     had not been complied with. It
Headfield Church of England        decided she should not wear        found she had not been directly
School, in Dewsbury, West          the veil in school hours. She      or indirectly discriminated
Yorkshire.                         was suspended on full pay in       against on religious grounds or
                                   February.                          treated detrimentally because
The school considered face-to-                                        she was bringing a claim. But it
face communication essential       Mrs Azmi, from Dewsbury, had       did find she had been subjected
for the work of a bilingual        appeared without her veil at       to a course of conduct which
support worker.                    her interview for the job as an    created an intimidating, hostile,
Mrs Azmi said the case made        ethnic minority achievement        degrading, humiliating or
her "fearful of the                curriculum support assistant.      offensive environment for her.
consequences for Muslim
women in this country who          She said she was "caught           Asked whether she would ever
want to work".                     unawares" because she thought      take off her veil if males were
                                   a woman would assess her and       present, she replied: "No. I
She is considering an appeal       was willing to remove her veil     teach perfectly well with my
and criticised Tony Blair and      in front of children providing     veil on. Just give it a chance —
Cabinet ministers for becoming     male colleagues were not           that's what I call integration."
involved in the issue when it      present.                           Kirklees council said: "The
was first publicised last week.                                       education of the children is of
The tribunal panel stressed that   After her suspension for failing   paramount importance. . . the
all its conclusions were reached   to comply with management          tribunal has agreed that the
on Oct 6 and its judgment was      instruction, she brought a test    action taken was correct."
                                                                             Quick Advice
                                                                                For more details go to:-

                                                        Statutory Maternity Pay (SMP)
                                                         SMP is paid for 26 weeks (39
                                                        weeks for babies born after 1st
                                                                  April 2007
            Contact Us
                                                       First six weeks:                        90 % of the employee’s average
                                                                                               weekly earnings, with no upper limit
                                                                                               (subject to qualifying conditions)
                 35 Beverley Way                       Remaining 20 weeks (33 weeks for        £108-85 or 90% of average weekly
                     Tytherington                      babies born after the 1st April 2007)   earnings if the 90% rate is less than
                      Macclesfield                                                             £108-85
                       SK10 2WP
                                                         Statutory Paternity Pay (SPP)
                                                          SPP is paid for two weeks
           01625-869-814                               £108.85 or 90% (per week) of the employee’s average weekly earnings if
           07738-875-213                               the 90% rate is less than £108.85
                  E-mail:                              (subject to qualifying conditions)                                 Minimum Wage Hourly Rates
                                                       Added rate (aged 22 years or over)   £5-35

                                                       Development Rate (18 - 21 years         £4-45
                                                       Youth Rate (16 to 17 year olds)         £3-30

                                                            Current Tribunal Awards  
                                                       Limits on pay for award calculations    1 day £18-90 1 week 290

                                                       Maximum basic award for unfair dis-     30 weeks’ pay or £8,700
  Lord     and    Co   HR                              missal
  sponsors      OPAL,    a                             Maximum compensatory award for          £58,400
  charity      supporting                              unfair dismissal (excluding health
  people with Learning                                 and safety
  Disabilities.                                        Minimum basic award for dismissal       £4,000
  Since 1983, OPAL has                                 on trade union, health and safety
  co-ordinated a range                                 occupational
  of projects to promote                               Minimum award for employees ex-         £6,300
  the      rights     and                              cluded / expelled from trade union
  provide a voice for                                  Maximum award in breach of con-         £25,000
  their client group.                                  tract cases
  For further information                                   Statutory Redundancy Pay 
  on     this    excellent                                                           
  charity please contact                               Maximum payment is 30 weeks’ pay or £8,700
  Jayne     Walsham     on                             (Minimum qualification is two years’ continuous service with the same em-
  0161-633-5544 or e-                                  ployer from age 18 onwards)
  mail           Jayne at                              Calculation of Redundancy Pay 
  Jayne.Walsham@opal-                                                                          employment-legislation/                                                                              employmeentguidance/
                                                       For each complete year of continuous service:
Information in this newsletter is for guidance only,
Lord and Co HR Ltd accepts no liability for compa-     Employees up to age 21: Half a week's pay
nies using information in this newsletters, and
advises all companies to refer to government
                                                       Employees aged between 22 and 40: One week's pay
websites provided                                      Employees aged 41 and over: One and a half weeks' pay

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