CONTENTS
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1) DRC hails new legal
protection
2) Man sacked after being caught smoking
at home
3) Anger as world health body bans
recruitment of smokers
4) Idle thoughts
5) Waste whistleblowers to go to tribunal
6) Health and education void in migrating nations
7) New pensions settlement needs employers to play their
part
8) Working Time Directive does not apply to
remuneration
9) New Responsibilities for Employers
under the Civil Partnership Act 2004
10) Data
Protection Act: Top 10 Tips for Employers
DRC hails new legal protection
At least a quarter of a million people with serious health conditions have new legal rights not to be treated unfairly from Monday 5 December. People diagnosed with cancer, HIV and multiple sclerosis, but not yet showing signs of their illness, will be protected for the first time under the Disability Discrimination Act (DDA) 2005. This means that employers will not be able to discriminate against people - for example, by sacking them from their jobs - just because they've found out they have HIV, cancer or MS. The changes also mean improved access to justice for people with mental health conditions. Under the current legislation, people have to prove that the impairment is 'clinically well recognised' before they can bring a case under disability discrimination legislation. Those with a physical impairment do not have to prove this. The new law means this requirement is now dropped.
Disability Rights Commission News Release
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Man sacked after being caught smoking at home
A German company has sacked one of its employees for smoking at home after hiring a detective to catch him in the act. The company runs a rigorous health and fitness programme for its Staff and claimed that the worker had "defrauded" it by lying about his smoking habits. It claimed that he had signed an agreement, renewable every month, in which he stated that he did not smoke. In return he received a monthly bonus of £68.Tip-offs from his fellow workers led the employer to believe the worker was not sticking to the rules, so they sent a detective to follow him to find out the truth.
The Telegraph
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Anger as world health body bans recruitment of smokers
The World Health Organisation (WHO) has provoked a furious row by announcing that people who smoke will automatically be banned from employment with the organisation. Even job applicants who admit to using tobacco only occasionally will not be recruited. Existing staff who smoke will be encouraged to kick their habit but will not lose their jobs if they do not give up. The WHO said the move, which comes into force immediately, was based on its position as the head of the global campaign to reduce smoking rates across the world.
The Independent
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Idle thoughts
According to a recent study that analysed information given by over 250,000 workers, anxiety, burnout and depression as a result of problems at work are on the rise. The report from Lancaster University says that for the first time mental problems have overtaken physical ailments as the prime cause of taking time off work. The report says that outsourcing and new technology have raised anxiety levels in employees and criticises long hours and a lack of autonomy. The recommended answer to jobs being stressful is to encourage big companies to change their employment practices and to make their jobs more satisfying. But this idea would reverse 250 years of workplace culture, which has seen the bosses use technology in a conscious effort to make the jobs as easy, i.e. unsatisfying, as possible in order to reduce the wage bill.
The Guardian
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Waste whistleblowers to go to tribunal
Two ousted board members of the organisation that decides how to store the UK's nuclear waste are taking the Government to an employment tribunal. One was sacked from the government-appointed organisation after accusing it of being incompetent and after claiming some board members had conflicts of interest. The other resigned in protest. Dr Keith Baverstock, the former head of the radiation protection division at the World Health Organisation, was sacked earlier this year after complaining to the Government that the organisation's methods were unscientific. He is claiming around £30,000 in lost earnings and another £20,000 in compensation for unfair dismissal. Professor David Ball, who resigned in protest at Dr Baverstock's sacking, wants a similar sum for his constructive dismissal claim.
The Independent
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Health and education void in migrating nations
Public Services International (PSI) and UNISON are using the upcoming International Human Rights Day and International Migrants Day to launch a week of campaigning around the issues of ethical recruitment of health care workers and the negative impact of migration on the health services in sending countries. When workers migrate from southern Africa, south-east Asia and eastern Europe to the UK and the rest of Europe, it can destroy family units, health and education services and an ability to deal with AIDS in the home countries. Most migrants in the UK work in health care, and the bulk of them come from developing countries in sub-Saharan Africa and south-east Asia. PSI has developed a pack of information materials, including a model letter to the Minister of Health, a model resolution that public sector trade unions can use in running the campaign, and a leaflet about the importance of ethical recruitment.
Unison Press Release
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New pensions settlement needs employers to play their part
According to the TUC, ministers must not duck the need for compulsion to make employers pay up for the future. A spokesman said, "Turner's recognition of the role of employer, worker and state in pensions provision should form the basis of a future settlement to provide for the security of generations of pensioners and workers. Employers must acknowledge that they are part of the solution to the pensions problem. If they are allowed to evade their responsibilities then all of society will pay the price. Ministers must not duck the need for compulsion to make employers pay up for the future."
TGWU Press Release
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Working Time Directive does not apply to remuneration
The European Court of justice (EJC) has issued its decision in a case involving night duty by employees. This is the latest in a line of rulings on this issue by the ECJ which have led to on-call time being classified as working time if the worker was required to be on stand-by at their employers' premises The decision in this case is important because it makes clear that ECJ decisions about the classification of on-call time as working time are due to the weak drafting of the EU Working Time Directive, which does not include an intermediate category between work and non-work. The court found that the Directive was not applicable to the remuneration of workers. Hence, there is no obligation under EU law to compensate an individual for being on-call.
Federation of European Employees
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New Responsibilities for Employers under the Civil Partnership Act 2004
Civil Partnership is a new legal relationship which can be formed by two people of the same sex, with effect from 21st December 2005. This gives same sex couples the ability to obtain legal recognition for their relationship. Couples who form a civil partnership will have a new legal status - that of "civil partner". Access to employment and vocational training and related benefits will be affected in that employers will be required to provide, as far as is possible, equality of treatment between spouses and civil partners. This article provides a detailed summary of the main changes and how they affect employers.
MacRoberts Solicitors
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Data Protection Act: Top 10 Tips for Employers
There is no easy way for any employer to comply with the requirements of the Data Protection Act. What should the smaller business do to comply? Most important is to make sure that employees are told what is being done, how it is being done and why. Consultation with employees and their representatives is essential. Proportionality is also crucial when dealing with data protection. Employers need to strike a balance between business needs and the employee's rights to respect for his/her private life. Employers will find it helpful to read the top 10 tips in this article.
Forum of Private Business
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