Employment And Labor Relations Attorney Bristol

The government has published guidance on employees’ new right to be consulted over planned changes to their working conditions.

Under the changes, bosses will be required to consult staff members on any major changes that would affect staff. The requirement kicks in if more that 10% of the workforce request to be informed.

The Central Arbitration Committee has power to fine businesses up to £75,000 if they fail to comply.

Ministers have given assurances that the new rules, which were okayed by Parliament on December 21, are flexible and allow bosses to schedule meetings around busy calendars.

In another concession to bosses, the regulations are to be phased in over three years giving smaller firms longer to prepare.

They will apply to organisations with 150 or more employees from 6 April 2005, 100 or more employees from 2007 and 50 or more from 2008.

Gerry Sutcliffe, employment relations minister, said: “Information and Consultation is a real opportunity for greater partnership and understanding in the workplace and that can only be a win-win situation.

“People can cope with bad news, change and all sorts of information and situations if they know what is happening, it is uncertainty that causes problems.”

A marketing campaign is planned to inform employees of their rights and employers of their obligations under the regulations.

Click here to be directed to the DTI guidance and other documents.

Employers are at risk of breaking the law by discriminating against employees on the basis of their age. However, research has revealed it is often younger workers who are negatively stereotyped.

New age discrimination laws came into force on October 1st, and employers are being urged not to focus solely on how they affect older employees.

Research has shown that the majority of employers believe that younger workers are more of a safety hazard in the workplace, being more likely to cause workplace accidents.

Over half surveyed (51%) believed that younger workers required more supervision.

These findings suggest that employers could be in breach of age discrimination legislation if prejudices affect their view of an employee’s suitability to carry out tasks.

Such transgressions could land businesses in hot water, according to the Advisory, Conciliation and Arbitration Service (Acas).

"(The) DTI anticipates that there may be 8,000 age discrimination cases brought to UK tribunals in the first year, so employers really can't afford to go sleepwalking into this,” said Susan Clews, Acas regional director for North West.

However in a departure from the traditional view of ageism in the workplace, the research suggests that employers do not see old age as a major factor in physical ability. Most employers, some 63%, are confident that older workers are just as capable of carrying out physical tasks.

Nasar Farooq, safety technical manager at Croner, who carried out the research, said: "Current findings indicate that age is not a detriment of the capacity to do well in a job, as long as the person has the right attitude, capability and competence."

© Crimson Business Ltd. 2006

From October next year, firms with fewer than 15 employees will no longer be able to legally refuse to take on a disabled employee. Rob Edwards, MD of Dolphins Stairlifts, outlines the implications

From October next year, firms with fewer than 15 employees will no longer be able to legally refuse to take on a disabled employee. Rob Edwards, MD of Dolphins Stairlifts, outlines the implications.

Despite the Disability Discrimination Act (DDA) being in force for firms with more than 15 employees since 1996, there are still a million disabled people in Britain who want to work but who cannot find jobs, according to the Governments latest Labour Force statistics. This is despite the fact that many companies have a big problem with a shortage of skills and there are disabled people who could plug the gaps.

What the DDA means to smaller companies

Under the law, firms with fewer than 15 employees can still legally refuse to take on someone with a disability. However, this will change in October 2004 when smaller firms come under the DDA for the first time. Then, small employers will need to rethink their recruitment procedure and working environment to make themselves more open to disabled people. Firms must pay the first £300 to adapt the workplace to take on disabled staff, but can then receive a grant to help with further costs.

Creating an accessible built environment

However, it is not just employers who will have to make changes by October 2004 to comply with the DDA. The law will affect all building owners and occupiers. They will have to remove all physical features that make access to their services impossible or unreasonably difficult for disabled people. They are a further important step towards ensuring that disabled people have access to services that other people take for granted.

Those needing to comply with the Act include offices, restaurants, factories, public buildings, shops, hotels and educational establishments. The DDA will be legislated by the Disability Rights Commission, which started work in April 2000. Their main areas of influence are to carry out investigations, assist disabled people to take cases to court and arbitrate in disputes.

• Remove the feature
• Alter it so that it no longer has the effect, or
• Provide a reasonable alternative method of making the service in question available to a disabled person".

To comply with these requirements involves more than the provision of lifting equipment; it extends to the associated building work as well. It is, therefore, important to source a company that can provide a complete package that will include the provision and management of:

• Building work and planning consensus.
• Lifting equipment/auto door openers
• Signs and labels to comply with DDA
• Full training on product use
• Full maintenance and warranty packages including 365 days, 24-hour breakdown cover.
• Scheduled servicing arrangements.

Such lifts could include a...