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October 200516 or more new pieces of Statutory Employment Legislation were introduced on 1st October 2005. These regulations are introduced to define indirect discrimination, harassment, less favourable treatment, unlawful harassment, gender discrimination and general principles of treatment of both men and women in the workplace today. These new laws (not exclusively) include:
Employment Equality (Sex Discrimination) Regulations 2005 SI 2005/2467One of the most important aspects, which will impact on every day working lives, is the Employment Equality (Sex Discrimination) Regulations 2005. Under this new piece of legislation, any form of harassment is unlawful. Now, a woman can bring a claim IF, on the grounds of her sex, a male colleague engages in unwanted conduct that has the purpose or effect of violating her dignity, creating an intimidating, hostile, degrading, humiliating or offensive environment. Also. if a female employee is subjected to unwanted, verbal, non-verbal or physical conduct, of a sexual nature, that violates her dignity at work - she can bring a claim against her employer. If you are an Employer and you would like support, see our proposals for Remedy under 'Addressing' section and/or look at the Employer section. Alternatively, telephone our Help Line (0901 742 0388) or email us at : admin@hrdiversity.co.uk
The Employment Act 2002 Dispute Resolution Reforms 2004The Dispute Resolution Regulations became a `Statutory' obligation on 1st October 2004.These important changes in Employment Legislation affect us all. Every Employer needs clearly written and communicated Grievance and Disciplinary procedures now. The concept is simple; procedures for handling internal grievances and disciplinaries in the workplace need to be communicated to all staff. Managers need to be trained and Contracts of Employment will need implementing and/or updating as a matter of priority to reflect the new laws. The Grievance and Disciplinary procedure regulations, which fall under The Employment Act 2002, have finally become Law. Basically, there are three steps to a Grievance or Disciplinary procedure. These apply where dismissal and gross-misconduct has occurred. HR & Diversity Management, specialises in Conflict Management issues and is currently working on an `Alternative to Dismissal' where an employee or senior manager is found responsible for bullying or harassment in the workplace. HR & Diversity Management conducts confidential, independent investigations where employees lodge formal grievances and has written a series of `Step By Step Guides' for Employers and line managers. The introduction of the Dispute Resolution regulations mean that every Employer needs to respond in accordance with the guidelines laid down whenever an employee complains formally. Training is aimed at; HR professionals, senior managers and line managers – in fact anyone who is responsible for managing people! These seminars and training sessions are customised, developed and delivered in accordance with the client's needs. PROTECTION FROM HARASSMENT ACT 1997 ss.1 and 3There is no UK legislation specifically to protect those who may be suffering, or have suffered, from bullying at work. This does not mean they have no legal protection. It does mean, however, that to ensure legal protection or redress they must consider existing related employment law and the Acts detailed below. OTHER LAWS(i) The Sex Discrimination Act 1975; GENERAL LAW(i) Criminal Justice and Public Order Act 1994; and There is an implied term in employment contracts that "the employer shall render reasonable support to an employee to ensure that the employee can carry out the duties of his job without harassment and disruption by fellow workers" (Arnold J. in Wigan Borough Council v Davies 1979 ICR 411, quoted with approval by the House of Lords in Waters v Commissioner of Metropolitan Police 2000 ICR 1064, HL In the Waters case the House of Lords also quoted Spring v Guardian Assurance plc 1994 ICR 596 and Wetherall (Bond Street W1) Ltd v. Lynn [1978] 1 WLR 200 as authority for the proposition that the Courts recognise a common law duty on an employer to take care of his employees, including a duty to prevent ill treatment or bullying, quite apart from statutory requirements. As always, the position in any particular case will depend on the facts and the House of Lords was careful to point out that "it is not every course of victimisation or bullying by fellow employees which would give rise to a cause of action against the employer, and an employee may have to accept some degree of unpleasantness from fellow workers. Moreover the employer will not be liable unless he knows or ought to know that the harassment is taking place and fails to take reasonable steps to prevent it". ACAS (see ACAS ) publish two advisory leaflets titled "Bullying and harassment at work", one being "Guidance for employees" and the other "A guide for managers and employers". For FREE monthly newsletters advising you of Case Law and change in employment legislation OR for an ongoing legal update, tap into www.hrdiversity.co.uk or email admin@hrdiversity.co.uk |
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