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Dear Peter,
It has been a relatively quiet month in the world of employment law for small businesses, so I should like to take this opportunity to tell you about what other business owners have had on their mind recently. On 7 November I acted as the 'expert' in the East Midlands Incubation Network's Ask the Expert session. Questions ranged from whether it was obligatory to provide a reference for an ex-employee who had not been particularly good at their job, to what to do about an employee who was being sexually harassed by a valued client. Click here to find out more.
As this is my last newsletter of the year, I have also taken the opportunity to update you on things to remember as an employer during the festive season.
Feel free to contact me if would like any more information about any of these news items.
Why not forward this email to any of your contacts who might find it of benefit?
Finally, I would like to wish all my readers a very merry Christmas and a happy and prosperous New Year. Regards
Peter Etherington  Tel: 01664 430373
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| Bah humbug? |
| Don't start the New Year with a tribunal claim |
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Whilst most employers will be keen to ensure their employees have the chance to celebrate over Christmas, and may well contribute towards a work Christmas party or dinner, you should also be mindful of some of the potential pitfalls. Work 'dos' can be classified as an extension of work, in employment law terms. So, for instance, if one of your employees has one too many and gets over-amorous with one of his/her colleagues, that could be considered sexual harassment. What's more, as the employer you can be held liable for the actions of your employee and find that you are also at the wrong end of a sex discrimination claim.
Whilst you won't want to come across as some sort of Scrooge by laying down the law in advance of a party, you should give some thought to how to ensure people enjoy themselves without going too far. Depending on the size of your staff, you may be able to remind people informally of the need to consider and respect the feelings of others, or you may be able to strategically place a few trustworthy staff members around the party who can keep an eye out for trouble. If you are providing alcohol you should also ensure that you have thought through transport arrangements for getting your staff home - you don't want one of your employees getting behind the wheel after consuming lots of alcohol provided by you at your Christmas party! |
| Too young for work? |
| First age discrimination claim by a young worker |
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Last month saw the first successful age discrimination claim at an employment tribunal by a young worker, since the legislation was introduced a year ago. Megan Thomas (20) was employed as a member secretary at The Eight Club in London but was dismissed after only four months because, she told the tribunal, her employer felt she was too young to deal effectively with its members.
Many employers still believe that age discrimination legislation applies only to discrimination against older workers. This is a timely reminder that young workers (indeed workers of any age) can bring a claim if they believe that they have been discriminated against on the grounds of their age. |
| What else is new? |
| Flexible working and the National Minimum Wage |
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There are a few other small issues that have come up in the last month: it was announced in the Queen's speech that the Government was considering extending the current Flexible Working provisions to more parents. At the moment, only parents of children under 6 (or 18 if the child is disabled) are entitled to make a request to their employer for flexible working. The Government intends launching a consultation over proposals to extend that right to parents of older children.
Also, the Low Pay Commission, which advises the Government over the level of and application of the National Minimum Wage, has announced that it will be recommending a step increase to more than £6 per hour for the adult rate (currently £5.52). In addition, it will recommend that the age from which the adult rate is paid should reduce from 22 to 21 years.
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