| Employment Update for
Small Businesses | |
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Dear Peter,
This month we look at the new rules which
require some employers to inform and consult with their
workforce over various issues. We consider the impact
that employees' mental-health problems can have on business
during the national Depression Awareness Week.
We
also approach with Goodhew-mour the question of whether
baldness can be considered a
disability! As ever, feel free to
contact me if would like any more information about any of
these news items. If you need any help or advice why not
take advantage of my free initial
consultation.
Please forward this email to any of your contacts
who might find it of benefit?
Regards
Peter Etherington  Tel: 01664 430373
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| How much should you involve staff in business
decisions? |
| Information
and Consultation of Employees Regulations
2004 |
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Since
1 April the Information and Consultation of Employees
Regulations 2004 have applied with respect to employers of 50
or more employees.
The regulations are quite complex but they do allow
employers to agree their own arrangements with workers which
can be quite light-touch. In the absence of any
such agreement the Regulations compel employers to negotiate
an agreement with employees and they prescribe the type of
information to be disclosed and in some cases specify that
consultation must be "with a view to reaching agreement".
This
is quite a different approach to employee involvement for many
employers, particularly smaller, privately owned
companies. In
many cases the idea of consulting employees over business
plans and involving them in decision-making would hold very
little appeal and would run contrary to normal business
practices.
The
Regulations do not apply until at least 10% of employees have
made a request to their employer (or anonymously to the
Central Arbitration Committee). Employers, however,
may choose not to run the risk of waiting to see whether or
not such a request arises and take the initiative by arranging
a voluntary agreement.
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| Can
you recognise the signs of
depression? |
| Why
helping employees with mental health problems is good for
business |
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This
week is Depression Awareness Week, as publicised by ACAS. Nearly 3 in 10
employees have mental health problems each year and the advice
to employers is to be alert to symptoms of depression among
your own workforce.
There is still a great taboo related to mental health
issues which makes it hard for employees suffering depression
to ask for help.
However, support and understanding from employers can
help many employees take the first steps towards getting
professional help.
Taking
an understanding approach to depression also makes good
business sense.
Employers who discipline or dismiss employees suffering
from depression may be liable for claims of unfair dismissal
and/or disability discrimination, even if they purport not to
have known that the employee had depression. Early intervention by
employers may also result in employees receiving professional
help sooner and, hence, may result in them recovering and
re-engaging fully with work much quicker.
The
signs to look out for are behavioural changes, particularly
where a previously competent employee starts to find it hard
to cope with work.
Becoming distracted or demotivated, and frequent
short-term sickness absence are also symptoms of
depression.
If
you suspect one of your employees might be suffering from
depression, talk to them informally about it and let them know
of your concerns.
Ask them if there is anything at work that is causing
them difficulties (don't forget you are liable for the health
and safety of your employees, including their mental health,
so it is in your best interests to try to identify problems
before they cause harm).
Point them towards their GP or a counsellor for
professional
support. |
| Is
baldness a disability? |
| Tribunal decides disability claim is a step too
far |
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On
a lighter note, an Employment Tribunal in Scotland recently
decided, unsurprisingly, that baldness is not a disability as
defined under the Disability Discrimination Act. In Denny v Falkirk Council, a
former school teacher alleged that he had been harassed by
pupils because of his baldness and that this taunting had had
a "substantial and long term adverse effect" on his ability to
do his job. The
tribunal, however, recognised that baldness is not an
impairment and that, if it was, other physical features such
as a big nose or prominent ears could also be described as
disabilities
The
cases continues, however, as Mr Denny is also claiming
constructive dismissal.
If his employer did not take appropriate steps to try
to protect him from harassment by pupils, there is a chance
that this aspect of his claim could
succeed. | |
|
Peter Etherington Employment
Law Services
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