Archive for category raleys solicitors
Workplace Health and Safety Must be a Priority
Posted by admin in employment law, raleys solicitors on June 3, 2010
It is certainly true that there is a very negative view of Health and Safety in the media, but a recent survey seems to suggest that such a view is also prevalent amongst employees themselves.
A survey recently carried out by the Institute of Occupational Safety and Health showed that only a tenth of the employees they interviewed believed that health and safety was a priority concern in their workplace, whilst 15% of respondents believed that health and safety caused unnecessary bureaucracy.
However, the very same respondents also massively underestimated the number of workplace injuries which are sustained every year in the UK. A huge 46% of survey participants believed that there were 50,000 workplace injuries each year, when the real figure is around 300,000. Furthermore, over 4.5 million working days were lost in 2008-2009 as a result of injuries sustained at work.
As Raleys Solicitors have often been keen to point out, workplace health and safety must be a priority to protect employees.
Raleys Solicitors: Workers must be Aware of Their Rights
Posted by admin in employment law, raleys solicitors on June 3, 2010
In a recent survey, 1,000 workers were asked about whether they would consider returning to work from sick leave early, and if so, why. The survey found that a large proportion would consider doing so, despite the potential for jeopardising their own health and the health and safety of their colleagues.
Overall it was found that 80% of employees would consider going back to work earlier than advised: around two thirds said that family finances would be their primary reason for doing so, with 29% saying concerns over being able to keep up mortgage repayments would drive them back to work. Overall 50% of respondents said that if their family wasn’t coping financially, they’d return to work early.
As well as financial troubles, a tenth of employees said that worries about losing their job would force them back to work early.
Overall it would seem that the survey has uncovered a lack of awareness of employee rights relating to sick pay, incapacity benefits and dismissal whilst on sick leave. Furthermore, it is possible that the frequency with which finances were cited as a worry suggests that some employees who have been injured at work are not aware of their rights regarding personal injury compensation.
Returning too early to work can aggravate health problems and may even jeopardise the health and safety of other employees. It is not a risk worth taking and employees should consult an employment law solicitor if they believe they have been treated unfairly in relation to long term sick leave.
Employment Law Advice for the World Cup
Posted by admin in employment law, raleys solicitors on May 26, 2010
Employment law solicitors are advising businesses that are choosing to offer flexible working to employees during the World Cup to take care in order to avoid the risk of having discrimination claims brought against them.
A recent survey of over 350 business leaders and HR managers found that just over half of employers surveyed are planning to offer some sort of flexible working arrangements for their staff during England’s games.
Whilst flexible working during such big events as the World Cup are obviously a great way of maintaining staff morale, there are risks that policies could amount to discrimination on the grounds of race, nationality or even gender. This is why businesses are being reminded that not all employees will be England fans and not all football fans will be female.
Although just over half of businesses are planning to offer flexible working when England are playing, only 19% were considering doing the same during matches of other countries. Employment law solicitors are underlining that those companies who will be arranging flexible working should consider requests for flexible working during other countries’ games on the same basis as they would for England fans or their policies could amount to discrimination on the grounds of race or nationality.
It is also worth noting that the good intentions of employers could set a precedent for future sporting events, not only in the footballing world.
Triumph at Employment Tribunal for Council Employees in Equal Pay Case
Posted by admin in employment law, raleys solicitors on May 17, 2010
A large group of female council employees which includes cooks, cleaners and care assistants are set to share a large compensation payout following the decision of an employment tribunal. The ladies were employed by Birmingham City Council and took their equal pay case to the employment tribunal because they had not been paid bonuses that male employees had received.
The bonus payments in question were paid to male refuse collectors and were so high that some refuse collectors earned 160% of their basic salary, meaning one in particular took home over £50,000 in a year whilst a female employee on the same pay scale earned less than £12,000.
The employment tribunal ruled that this was a case of unequal pay and that the bonus payments paid to male refuse collectors were discriminatory. The Employment Tribunal said that the bonus payments were not justified because they were rewarded to male employees simply for performing their duties properly.
The women concerned and their solicitors have called the ruling a huge victory for equal pay.
Employment Law: Facts about Employers’ Liability Insurance
Posted by admin in employment law, raleys solicitors on May 5, 2010
UK employment law states that employers’ liability insurance is a legal requirement for any UK company that employs people. It is critical to protecting the staff and future of any firm, yet many employers remain in the dark about the simple facts. For example, did you know:
Employers’ liability insurance safeguards the future of the company and the staff. Should an employee get injured or ill as a result of work, employers’ liability insurance would cover the claim and legal fees. This would prevent hefty claims damaging the company’s finances and jeopardising its future, as well as protecting the injured employee, for example by compensating their financial loss.
This insurance is a legal requirement, not a suggestion. Regardless of how safe you feel your workplace is, you have to have employers’ liability insurance. The policy must cover you for at least £5 million. If you are caught trading without employers’ liability insurance, there will be consequences. The Health and Safety Executive is tasked with ensuring that all businesses subscribe to safe working practices and they have the power to fine you as much as £2,500 for every day you weren’t covered.
As well as being legally obliged to have the insurance, you are legally obliged to display your certificate where employees can easily see it. This is usually on a notice board or wall, but you are perfectly entitled to display electronic copies on the company intranet or server.
Finally, employers should never be tempted to throw away old employers’ liability insurance records. Simply because the year has ended or because the year passed without event, this does not mean you no longer need the records. Some occupational illnesses for which you may be claimed against take many years to become apparent, for example Mesothelioma, the asbestos related form of cancer often develops 30 years after exposure.
House of Lords in Bid to Prevent Disability Discrimination
Posted by admin in employment law, raleys solicitors on April 16, 2010
Members of the House of Lords have approved an amendment to UK employment law which, it is hoped, will reduce the chances of disabled people facing discrimination in the job application process.
The amendment which was approved in the House of Lords during the third reading of the Equality Bill would meant that it would become illegal to ask for information regarding an applicant’s health in the job application process. Therefore, employers would be unable to ask to know about disabilities or any health problems before a job offer was made.
Equality campaigners have welcomed the House of Lords’ acceptance of the amendment but maintain that it should have been included in the Equality Bill in the first place. Now that the amendment has been approved by the House of Lords it has to be passed to the House of Commons for further scrutiny.
New Powers for Employment Tribunals Will Guarantee Payment
Posted by admin in employment law, raleys solicitors on April 12, 2010
From 6th April Employment Tribunals will be given new powers to ensure that monetary awards to victims of unfair dismissal or discrimination in the workplace will be paid. The new rules follow reports that many victims of discrimination and unfair dismissal receive only part of their award or none at all from their former employer.
Research from the Ministry of Justice published in May of last year suggested that 39% of people who had been awarded monetary compensation had not been paid and only 53% were paid the entire amount due.
In order to combat this behaviour on the part of unscrupulous employers, the Ministry of Justice has been publishing names of people and employers who have defaulted on payments awarded in Employment Tribunals in an effort to shame them into paying. The list, which has been being compiled since April 2009 now contains over 570 names.
Fortunately for the victims of unfair dismissal or discrimination, the new rules allow the use of High Court Enforcement Officers to chase employers for the money. In the new scheme, known as the Employment Tribunal Fast Track, the enforcement offers will be analogous to County Court bailiffs and employing their services will cost the normal £50 court fee. Once this is paid they will act to get the money for the victim, with powers to seize assets if necessary.
British Government Set to Review Age Related Employment Law
Posted by admin in employment law, raleys solicitors on April 10, 2010
A recent case in the press of a 67 year old teacher who fell foul of age related employment law when he was forced to retire by his employer has lead to calls to review the Employment Equality (Age) Regulations Act.
The law currently states that employers cannot force early retirement on any worker under the age of 65 but after that age, employees only have the right to request to keep on working. The teacher in question had let his union membership lapse which he believes made his situation even more difficult.
Lobbyists who are campaigning for a change in the law say the act is discriminatory and that it neglects to address the fact that work force participation of the older generation needs to be increased.
TUC States Employment Law is ‘Good for The Economy’
Posted by admin in employment law, raleys solicitors on April 7, 2010
Contrary to recent press articles in which some commentators and the British Chamber of Commerce claimed that employment law is strangling the British economy and stifling competition throughout Europe, the TUC has recently claimed that in fact employment law is good for our economy.
Despite claims that employment is over-regulated in the UK, the OECD actually ranks the UK’s labour market as one of the least regulated in the world.
The TUC claims that employment protections which have been introduced since 1997 have helped working parents and the low paid without damaging competitiveness. Some of the policies which have been frequently dubbed as unnecessary bureaucracy by some business organisation such as the national minimum wage, extended and paid parental leave, reductions in the qualifying period for unfair dismissal and great union recognition have raised incomes for the lower paid workers, helped women back into work and encouraged people to stay in the same job longer. In turn, they have allowed people to complete more training at work, the promotion of equality in the workplace and improved standards of living.
In fact, the TUC goes as far as arguing that employment protection laws have helped the UK ride out the recession much quicker than in the early 90s and without having to resort to mass redundancies.
Quick Guide to Changes to UK Employment Law
Posted by admin in employment law, raleys solicitors on April 1, 2010
On 6th April 2010, several changes to UK employment law came into force, these affect employers and employees alike. Here’s our small guide to the big changes.
- Fit Notes. The old sick note system will be replaced with a Fit Note system. The new system aims at helping people back into work because it allows GPs to make recommendations of alterations to an employee’s role or workplace which would allow them to get back into work.
- Requests in relation to study or training. Employees now have the legal right to make a request relating to study or training, such as asking for time off work to study. This new system, modelled on parents’ and carers’ rights to ask for flexible working, aims to help the workforce to become more skilled.
- Additional Paternity Leave. New fathers are now entitled to take as many as 26 weeks of paternity leave, within the first year of the child’s life. This new rule allows them to effectively share 52 weeks of paternity leave with the mother, who can return to work after 6 months and allow the father to stay at home with the baby for a further 6 months.
- Data Protection. Organisations that are found to have seriously breached the Data Protection Act 1998 can now be fined up to £500,000 by the Information Commissioner.
- Pensions. The minimum pension age rises from 50 to 55, apart from in cases where retirement is forced by seriously ill health. The number of years needed to receive a full basic state pension drops to 30 and the state pension retirement age for women increases.
- Statutory maternity, paternity and adoption pay. Standard maternity, paternity and adoption pay rises to £124.88 from £123.06 a week whilst statutory sick pay remains the same at £79.15.
- Trade Union Blacklisting. On March 2nd 2010 it became illegal to terminate the employment of, or to refuse employment to a person who is a member of a trade union.