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Legal
Dependants' leave: only for unexpected
events
The EAT has set down guidelines for how
to judge whether a request for dependant's leave under s57A
of the ERA is reasonable (Qua v John Ford Morrison
Solicitors ). S57A gives a statutory right to a 'reasonable
amount of time off during working hours' to deal with care
issues for dependants in certain specific circumstances
listed in s57A(1)(a) – (e). Using this list of events, the
EAT said that it was clear that the intention behind the
statute was to give time off to deal with unexpected events,
provide care in the immediate crisis if necessary and make
any longer-term care arrangements, not to provide care yourself
on a recurring basis. If the care was needed for a child
(as was the case here) then, provided the employee was the
parent and met the statutory qualification period, parental
leave could be used to provide on-going care.
For the absence to be an authorised absence
under s57A (which means that any dismissal arising out of
the absences is automatically unfair) the employee must
satisfy their obligation under s57A(2) to notify the employer
of the absence as soon as reasonably practical and how long
the absence is expected to last. Importantly, the EAT also
held that Tribunals cannot take account of the disruption
caused to the employer's business as a result of the absence.
Therefore, employers cannot use the disruption argument
to refuse requests for dependant's leave.
Damages for injury to feelings not possible
through ETs
The EAT has re-affirmed in Dunnachie
v Kingston upon Hull CC that Employment Tribunals
cannot award damages for personal injuries (including stress),
aggravation and injury to feelings caused by the fact or
manner of dismissal. Damages through ETs can only compensate
for economic loss (i.e. loss of earnings). There has been
an increasing trend since Johnson v Unisys
for damages to be awarded for injured feelings; Dunnachie
means that if someone has suffered personal injury as a
result of an unfair dismissal, a separate civil court claim
will have to be made.
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Employment Rights
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Health & Safety
Employers must do more for Women Working
through the Menopause
Many of the UK's two and a half million
working women who are in their fifties will be going through
the menopause and many of these women's jobs could be making
their symptoms worse. Yet the majority of employers are
ignoring the issue, according to a TUC report 'Working
Through the Change'. UNISON recommends that employers
develop policies with union representatives. A page is now
open on the TUC website.
http://www.tuc.org.uk/menopause
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Bargaining issues
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Workplace Issues
Tribunal changes could cause an increase
of union-backed claims
TUC research shows that unions are resolving
more disputes without resorting to Tribunals. They recorded
a 30% reduction in trade union backed Employment Tribunal
applications over the last two years, against a corresponding
7% rise in the total number of applications. But changes
being introduced over the next 18 months could reverse this
trend. Almost half the 4,419 union claims reported were
for unfair dismissal. Government plans designed to reduce
such claims will lead to more employment rights litigation
and weaker employment rights standards. http://www.tuc.org.uk/index.cfm
Women and Pensions
The state pension is what most women rely
on in old age. But few women can build up enough credits
for a full state pension under the current system. Women
are worse off than men throughout their lives, and as a
result they are far more likely to be poor in retirement.
Their average income is only just over half of what retired
men have to live off. The EOC believes that employers and
employees should be compelled to contribute to an occupational
pension. http://www.eoc.org.uk/index.asp
EQUALITIES
A Work-Life Balance for Men means better Work-Life Balance
for Women
Alan Milburn, Secretary of State for Health,
quit the cabinet saying the demands of the job conflicted
with having a young family in the North East. This high
profile resignation further demonstrates that more and more
men are also finding it difficult to balance their work
and home life. In the least regulated labour market in the
industrialised world, the British work the longest hours
in Europe. One in three fathers works more than 48 hours
a week. As many women now work as men. The largest growth
in labour-market participation over the last 10 years has
been among mothers with children under five. Three-quarters
- parents and non-parents alike - reported they wanted to
spend more time with friends and family. In a Department
of Trade and Industry poll last year, a third responded
that they would forgo £1,000 a year just to have more flexible
hours. http://www.theworkfoundation.com/index.jsp
Paternity Leave
Men are now entitled to take two weeks'
paid paternity leave, and ask to change their working hours
so they can look after young children. Fathers and mothers
can currently take up to 13 weeks unpaid parental leave
for children aged under five, but only four weeks can be
taken in any one year. An EOC study; Working Fathers:
Earning and Caring, found that British dads do approximately
a third of all childcare but don't get the flexibility they
need at work to help them do more. Fathers have lower expectations
of family-friendly working practices being available to
them personally and are less likely to take advantage of
those that are in place. http://www.eoc.org.uk/index.asp
Equal Pay Reps Training Online
It is now time to put equal pay at the
heart of the bargaining agenda. The TUC course entitled;
Equal Pay Reps training Online gives reps confidence
in dealing with employers where pay discrimination exists
and in finding ways to eliminate it. Most employers do not
think there is a problem in their workplace, but the only
way to find out is to get the employer to conduct a pay
review. For information contact: http://www.tuc.org.uk/extras/closepd.pdf
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AND FINALLY
And finally…There is Power in Architecture For
all those working in call centres, hospitals, factories,
or any open-plan workspace – BEWARE, Big Brother may be
watching you! The building you are working in is possibly
designed after the early 19th Century Panopticon
– a prison. The idea being that prisoners/workers, while
not able to see their observers, have to assume they are
under observation at all times and discipline themselves.
Now how's that for control?!
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