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Legal
Employment Law Timetable
2006
Implementation of the pension scheme provisions of the
Employment Equality (Age) Regulations has been delayed until
1 December 2006.
From October first the following regulations come into
force: Maternity and parental Leave etc and the Paternity
and Adoption leave (Amendment) Regulations 2006, this includes
the removal of the additional length of service qualifying
condition for additional maternity leave; The Adoption and
Children Act (2002) (Consequential Amendment to Statutory
Adoption Pay) Order; Employment Equality (Age) Regulations
2006 which set a default retirement age of 65 but employers
are under a duty to consider requests to work beyond this
age; National Minimum Wage Regulations 1999( Amendment)
Regulations 2006 increase the minimum wage to £5.35 per
hour.
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Employment Rights
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Health & Safety
Control of Asbestos Regulations comes into force
The 2006 Control of Asbestos Regulations come into force
on November 13th. These regulations introduce
a single limit for working with asbestos and specific training.
There are clearer set of controls for reducing exposure.
These replace and consolidate earlier legislation. Other
regulations coming into force in the next six months include
construction biocidal products, indicative occupational
exposure limit values, work at height (amendments), chemicals
(hazards information) dust in coal mines and new health
and safety fees.
Forthcoming
The HSE will publish its final version of "sensible"
risk management principles by the end of the year. The government
commissioned report on alleged over implementation of EU
legislation is also due before the end of2006
Holidays
The new IDS guide to hours and holidays shows that more
employers are boosting holiday entitlement than cutting
basic hours. Basic holiday entitlement is typically 25 days
per year. Less than ten per cent of employers offer more
than 26 days as standard leave.
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Bargaining
issues
Redundancy Consultation
The DTI has published revised guidance on statutory redundancy
consultation. Key points:
·Consultation must be completed and notice of impending
collective redundancy must be given to the DTI before notice
of impending redundancies is issued to employees. Penalty
for non compliance re informing the DTI is £5000.
·The obligation to inform and consult may also apply where
the employer intends to offer alternative employment on
different terms and conditions to some or all employees
with the even if the number dismissed falls below 20.
·Employees may be affected by the proposed dismissals and
should be informed and consulted even though they as individuals
are not to be dismissed.
·Employers must comply with the requirements of TULRA even
if they have established separate consultation arrangements
under the Information and Consultation of Employees Regulations
2004. If a trade union is recognised the employer must consult
with the union, even if there is a separate group of employee
representatives set up under the above regulations.
TUPE Change of control on share sale does not amount to
TUPE transfer.
A recent EAT decision in the Print Factory (London) 1991
v Millam case has found that a TUPE transfer could not be
inferred after a holding company acquired shares giving
it control of a subsidiary. Employment tribunals are not
entitled to "pierce the corporate veil". If the
companies remain separate legal entities then there is no
TUPE transfer. The subsidiaries lack of independence did
not demonstrate that the holding company owned the subsidiaries
business. The subsidiary retained its assets and employees
and as there was no evidence that this was a sham the two
companies were separate entities.
Public Sector rewards new graduates
Pay rates for new graduates recruited to the public sector
are higher than the private sector for the first time. Graduates
seeking a career in management in the civil service, local
government of the NHS can expect to earn 7% higher than
the average stating salary of a graduate in the private
sector. A survey in the Guardian indicates that increasing
numbers of graduates want to follow a career in the public
and not-for-profit sectors.
Third sector pay gap
The pay gap between the private and third sector has increased.
Chief Executives at charities earn almost 23% less than
the average chief executive. The pay gap is not as wide
at other levels but still exists. Middle managers earn 10.7%
less than those in the private sector. Junior managers earn
4% less but those at a supervisory level earn 2.7% more
than the average for all sectors. With the public sector
now offering higher than average starting salaries for graduates
(see above) the third sector may begin to experience problems
recruiting and retaining managers despite many young people
stating a desire to work in the sector.
Comparisons across the third sector show that medical charities
offer the best rates for chief executives with those at
religious or missionary organisations earning the least.
Charity supervisors working for animal welfare organisations
are the lowest paid at that job level.
Pay settlements at 3.3%
UK pay awards for the last quarter are still averaging
at 3%. This rate has remained stable since April 2003. The
private sector average is 3.18% while the public sector
is lower at 2.69% The headline inflation rate is expected
to be 4% by then end of 2006. IDS research suggests that
private sector wage rises will be 4% over the next 12months
while public sector pay increases are limited to 2%.
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Workplace Issues
EQUALITY AT WORK
Senior Manager key to achieving Equality
New Research in IRS shows that the success or failure of
equality and diversity policies in the workplace is dependant
on the support of senior managers. The study in Equal Opportunities
Review asked employers to rate the factors that decide whether
a policy succeeds. Two thirds felt that senior backing was
crucial. Over half felt that the need to comply with legislation
was cited as very important.
Interview questions
HR consultancy firm Water for Fish have published research
showing that most job interviewees have been asked questions
at interview that flout employment legislation. More than
half have been asked about their marital status and two out
of three about their age. Other areas probed included ethnic
background, religion, political allegiance and sexual preference.
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AND FINALLY
Male White and Middle Aged
The 1994 study Working for the Union has recently
been updated recently. Both studies try to give an insight
into the nature of paid union official jobs and the
demographics of union's workforces. Currently fewer
than 4000 people work for the 7 million members of trade
unions in Britain.
One fifth of officers are women, an increase from 12%
ten years ago. This change is likely to continue as
30% of those appointed in the past five years have been
women. Two per cent of staff identified themselves as
having black or other ethnic minority identity. This
is the same percentage of staff who are under 30. Staff
tend to be older as the vast majority of union staff
served as lay activist before taking up paid work in
the union. The number of union officers with degrees
has doubled since the early 90s and now stands at 33%.Although
16% have no formal qualifications. .
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