The movement in employment legislation never ceases and if there are not initiatives from our own government, then you can certainly rely on the European parliament to fill any gap.    In June this year, the Equalities Bill was announced with the aim of not only making the work place a fairer place to be but also to simplify some of the innumerable employment laws already in existence. 

One of the areas which is to be given special attention is the pay discrimination between men and women.  From surveys carried out, it is clear that there is still a problem in the UK where, in a number of instances,women are paid less than men for carrying out the same work.  The aim is eventually to completely eradicate this problem.  In an effort to achieve this, another measure being taken is to outlaw salary confidentiality clauses.  These can no longer be used in Contracts of Employment.

The use of tribunals in employer/employee disputes has more than doubled in the last 3 years and in the current economic climate, is likely to increase yet further as redundancies become more prevalent.  Interestingly, the Bill will mean that recommendations made by an employment tribunal could affect a Company’s entire workforce and not just the employee involved in the tribunal as previously.  Companies going down the redundancy route in an effort to economise are walking a legal minefield. 

It is an extremely complex subject on which expert legal advice should always be sought and legal expenses insurance can assist.

Another area where the Bill aims to introduce change is regarding the harassment laws.  For a complaint to be upheld, harassment need not now be just against a particular employee but also anyone else who witnesses harassment that may make the workplace less desirable.  It is anticipated that employers will also be made responsible for harassment of employees by third parties.   If an employer is aware that repeated harassment has occurred and has done nothing to prevent it, they could be found liable under the harassment section of the legislation.  This is particularly important for companies who have employees with face-to-face dealings with the general public.  

These are just some of the areas intended to be covered and we will keep an eye on the progress of the Equality Bill to update the position as events unfold.

Contracts of Employment are mentioned above and it is still amazing to realise that many employers still do not know that employees must have a Contract of Employment.  Bradshaw Bennett Ltd use the services of independent experts in this field who offer a document drafting service for:-

Contracts of Employment

Disciplinary and Grievance Procedures

Compromise Agreements

Staff Handbooks

Policy Drafting

If this will be of assistance to any employer, please contact Stephen Hughes, Andy Bray or Andrew Bradshaw on 01625 505870 and they will be pleased to discuss in more detail what is available and what is involved in ensuring a proper infrastructure for dealing with employer/employee legislation.