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.
Is Employment Law Getting Too Much?
Posted by admin in employment law, raleys solicitors on March 17, 2010
A report released yesterday by the British Chamber of Commerce (BCC) revealed that many UK employers are worried about what some deem to be excessive employment laws which are putting too much pressure on employers.
The report claims that the ‘relentless flow’ of complex employment law is risking job creation and reducing competition in the UK and the EU. Recent alterations to UK employment law have come from EU legislation which critics argue is based on the needs of workers in other labour markets which do not reflect the UK labour market.
The BCC report suggests that there is increasing agreement from employers that basic workplace common sense protection has been usurped by draconian regulations and unreasonable health and safety restrictions. Many employers also reportedly believe that UK employment law is more and more biased towards the employee.
According to the BCC, the biggest sticking points with evolving UK employment law are the fact that employees are entitled to make a claim against their employer without taking legal advice to check the validity of their claim. It would be better, argues the BCC, if employees were obliged to take legal advice or consult ACAS before taking any formal action.
Other problems cited by the BCC include widespread dissatisfaction amongst employers who are forced to ensure the safety of eomployees who work remotely from home in the same way they do for employees worknig on their premisis. Many believe employers should be responsible only for equipment supplied by them.
According to press stories, it is the BCC’s belief that these ‘burdomesome’ rules and regulations are inappropriate to the UK job market and will have a detrimental effect on attempts to lower unemployment rates.
We’d be very interested to find out what you think. Why not read the original story here.
Survey Brings Discrimination To Light
Posted by admin in employment law, raleys solicitors on March 11, 2010
We were saddened to see the results of a recent survey by graduate employment website milkround.com which stated that discrimination still appears to be a problem in the workplace.
According to the survey, business owners and employers could be breaking UK employment law by discriminating against job candidates.
Unfortunately, 60% of recent graduates claimed to have felt as though they had been discriminated against at work, with ethnicity being the most frequently cited grounds for discrimination. Others believed that they had been treated unfavourably because of their gender.
It seems incredibly depressing to us at Raleys Solicitors that young, fresh talent should start their careers with such a negative impression of the world of work. It is also alarming to think that some employers may not be fully aware of discrimination employment law. Any employer who does not do the utmost to prevent bullying, harassment and discrimination in the workplace could find themselves in a messy employment law compensation claim.
Proposed Employment Law Changes May Alter Maternity Leave
Posted by admin in employment law, raleys, raleys solicitors on March 1, 2010
UK employment law might soon change to incorporate Europe-wide alterations to maternity leave entitlement. New proposals currently being discussed in the EU parliament, which will be heard officially in early March, suggest that expectant mothers should be allowed 20 weeks’ maternity leave on full pay.
This entitlement compares favourably in comparison to current employment law which allows new mothers 6 weeks’ with 90% pay followed by a further 33 weeks on just £123 each week.
However, critics claim the move isn’t necessarily the wonderful, generous idea it first seems. The new legislation, if approved, would represent a massive increase in maternity payment and it is estimated it could cost the UK as much as £2 billion.
Furthermore, there have been some concerns that small businesses finding themselves obliged to contribute to such generous maternity leave payments may possibly result in a reluctance to employ women of child bearing age. This could lead many women to feel they have been the victims of discrimination. We suggest consulting an employment law solicitor in such cases.
What do you think?
Mobbing In Germany
Posted by admin in Workplace harassment, raleys, raleys solicitors on January 22, 2010
In Germany, workplace harassment has risen to such an extent in the past two years that there are national concerns for workers in offices, call centres, factories, warehouses and even public service jobs including the police and the hospital system. It is estimated that as many as 1.5 million people fall victim to a workplace bully everyday. This large scale bullying has come to be known as ‘mobbing’ and has been linked with several suicides in recent months. This increase in workplace harassment has been attributed to the recession, as businesses haemorrhage money and workers are in fear for their jobs.
Bullying related suicide is more acute in Germany than other countries, and several years ago a clinic was established to help the victims of harassment. However, it had very limited success and now the issue has been brought to light once more by a serious case of bullying. Sedika Weingärtner is originally from Afghanistan but fled to Germany in 1991. She was a single mother with three children to look after. She has since married a German man and in 2001 she found a job at the international technology giant Siemens. Mrs Weingärtner is now claiming that for years she was harassed at work because she was a woman and an Arab. The build up of constant abuse left her ill, once she even collapsed at work and was rushed to hospital. Now, she is suing Siemens for nearly £2 million.
Lawyers are seeing increasing numbers of people come to them for help in order to get justice for workplace harassment. They may have been unfairly forced out of their job or have been left unable to work because of stress and depression related to the bullying. However, there are much more serious consequences of workplace harassment, the results can be fatal. In Germany, a policewoman in Munich, a lawyer in Berlin and a hospital worker in Dortmund have all taken their own lives after becoming a victim of workplace bullying, but there are many more. Trade Unions and anti-mobbing groups have estimated that one fifth of all suicides in the country, approximately 2000 per year, are a result of harassment at work.
These tragedies and the illness caused by such harassment cost the German economy billions of euros every year, as the government spends money on hospitals and clinics treating the victims, and businesses lose out as staff take time off to visit hospitals, therapists and clinics. Early retirement and voluntary redundancy are also costing the country millions of euros.
The average ‘mobber’ is male, in a supervisory role and aged between 35 and 54. Race, age, gender and sexuality are often cited in harassment cases, however more general bullying techniques such as impossible deadlines and unrealistic workloads are also common.
For the full story, read this article in The Scotsman.
Bullying In The Workplace
Posted by admin in raleys solicitors on November 26, 2009
Workplace bullying and harassment is becoming increasingly common and more people are reporting cases of bullying to legal officials. The reasons behind this increase in mature harassment is unknown, although higher levels of stress and pressure on individuals to perform above normal standards is one reason being expressed as a reason by bullying charities.
Below is a story by a brave man named David who has come forward with his account of bullying at his job, and the consequences that office bullying can have not only on someone’s working life, but also their personal life and their physical and mental health.
David’s Story
“ I had reached a supervisory job at the company I had been working at for 5 years. But then a new manager arrived who seemed to just not like me. He often ignores me or gives a sneer when I suggest something to improve our department. Now some of my colleagues accept his behaviour and so the same. They are now imitating his bullying.”
This story is common among those bullying charities hear all the time. What David should have done was go to a compensation lawyer for advice on how to get justice for being forced out of his job. According to research conducted by The Workplace Bullying Institute, workplace bullying is now among the top causes of poor employee retention, resignation, and other organizational problems. Bullying in the workplace had been witnessed by one in three of the human resources officials interviewed.
Bullying can be in the form of intense criticism, sarcasm and teasing directed at one person by another employee. Situations can become extremely unsavoury as antagonism, verbal abuse and even physical injuries have been committed by bullies. Often the bully will attack the victim’s character in front of other employees and give them the cold shoulder treatment. Some are deliberately singled out to do unpleasant or hard tasks. Colleagues may even try to sabotage the victims’ work.
Stress, anxiety and panic attacks are some of the health problems that bullying can cause. Absenteeism from work is one clear sign of a stress-related illness. harassment can bring on depression and sleeping disorders as well as the other illnesses mentioned above. It is not just the working environment which is effected but a victim’s personal life will also suffer, marriages have broken down and social activity become non-existent in some cases of bullying. The office will become a horrible place to work for everyone when the actions of one bully are visible by all. Bosses make up 80% of bullies. Some co-workers and a few higher-ups can also engage in bullying tactics.
Bullying will only be prevented when the perpetrators are punished by losing their jobs. There should be programmes in force to help lower stress and have an acceptable amount of work for each employee.
Raleys solicitors have experts in the field of employment law that have been successful with claims of workplace harassment. They know how to support their clients through the stressful and emotionally difficult period that a claim against an empyer can be, so you never have to feel as though you have no support if you choose Raleys as your employment law solicitor.
Raleys Solicitors
Posted by admin in raleys, raleys solicitors on November 26, 2009
Raleys Solicitors are a Yorkshire based solicitors firm fighting for the rights of the local people and anyone who comes to us requesting our services.
We have a number of specialist solicitors working at our large head office in Barnsley. From here we are well placed to service the whole of Yorkshire and the surrounding regions in cases of personal injury, family law and divorce, industrial disputes, medical negligence, employment law, conveyancing and wills, trusts and probates.
With all of these sectors of the law covered you are sure to be given the services of an experienced and dedicated solicitor.
We hope you enjoy using this site and we will keep it updated with all of our news and announcements in the future.
Thank You,
The Raleys Team.
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