Race equality

The Commission for Racial Equality has published its race equality scheme for 2005 to 2008, setting out the Commission's aims and the practical ways in which it plans to meet its duties under the Race Relations Act 1976.

Also new on its website is an employment case law database, containing summaries of significant cases that have shaped race discrimination law in employment. The database has been divided into seven categories, including direct and indirect discrimination, victimisation, remedies and procedure.

 

CBI loses confidence

According to a new report from the CBI, business is losing confidence in the employment tribunal system following the introduction of new dispute resolution rules last year.

The report claims that companies are very concerned about the complexity of the new procedures - even though the number of tribunal cases has fallen since last October.

The bosses' organisation does not give any statistical analysis to back up its claims. But perhaps that's not surprising, given that all the evidence points to the fact that the new procedures work against the best interests of workers and to the benefit of employers.

 

Hazards at work

Essential reading for safety representatives and anyone interested in health and safety, the TUC publication, Hazards at Work, is now available.

The book deals with all the major hazards that people are likely to face at work, and also shows reps how to make their workplace safer. A practical guide, it is filled with checklists and advice on where to go for help as well as providing lots of examples of good practice.

 

Consulting on equality

According to Meg Munn, deputy Minister for Women and Equality, the public sector must lead by example when it comes to gender equality.

So the Government has issued a consultation document Advancing Equality for Men and Women, setting out proposals to introduce a public sector duty to promote gender equality, otherwise known as the "gender duty".

These proposals will require public authorities to eliminate discrimination and promote equality of opportunity between men and women. Drawn up in consultation with Government departments, the wider public sector and external stakeholders, the proposals oblige public authorities to:

  • draw up and publish an equality scheme to identify gender equality goals and show the steps that the authority will take to implement them
  • develop and publish an equal pay policy statement, which must include measures to ensure fair promotion and development opportunities and tackle occupational segregation
  • assess the impact of new legislation, policies, employment and service delivery changes on men and women;these assessments must also be published.

The deadline for comments is 12 January 2006.

 

Trade union equality

In its second biennial equality audit, the TUC says that people employed in workplaces where there is a trade union are likely to have a better work/life balance, and face less discrimination, than people in non-unionised workplaces.

The equality audit 2005 shows union successes in negotiating agreements that give employees more flexibility in the number of hours they work, and improved maternity and paternity pay and leave. Unions are also working with employers to toughen up workplace procedures tackling racism, sexism, ageism and homophobia.

 

Compulsory forms

Under the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, the employment tribunal office stopped accepting claims that are submitted on anything other than the stipulated ET1 and ET3 forms from 1 October.

The reason, apparently, is because of a new case management system which will not recognise anything other than the prescribed forms.

 

Employment tribunal DVD

ACAS has helped launch a new DVD, in association with Channel Television and law firm Capital Law, to guide employers and individuals through the employment tribunal process.

The Essential Guide to Employment Tribunals offers viewers advice on whether they should be going to tribunal at all - and, if they do, provides comprehensive guidance on how to prepare and what to expect once they get there.

It also contains interviews with experts and a dramatised case study to show viewers what actually happens at a tribunal. It also tries to answer some of the most commonly asked questions.

The DVD costs £34.95 and can be ordered by calling 08702 42 90 90 or through the Acas website www.acas.org.uk.

 

European harassment

A new law that came into force at the beginning of October should make it easier for women to prevent inappropriate behaviour and remarks of a lewd and sexual nature at work, according to the TUC.

As a result of changes required by the Equal Treatment Directive, women who are sexually harassed at work do not need to show that a man would have been treated differently.

Now women only need to prove that they were treated in a way relating to their sex which violated their dignity, or was intimidating, hostile, degrading, humiliating or offensive.

 

A temporary Europe

The EU has decided, as a way of reducing some of its red tape, that the proposed EC Directive on working conditions for temporary workers is to be shelved.

The directive would have given temporary agency workers a right to the same general conditions as permanent, in-house staff from day one and the same salary after six weeks. However, some Governments (including the UK) wanted a one-year qualifying period.

This latest announcement means that the directive is even less likely to become law as it stands, and may well have to be rewritten before it is eventually reconsidered.

 

New legislation

The second instalment of employment legislation for this year came into effect on 1 October. This includes: • The remaining provisions of the Employment Relations Act 2004, which simplify the information that unions have to give employers before balloting for industrial action. They also make changes to the use of unfair practices in relation to recognition and derecognition ballots..

  • Employment Equality (Sex Discrimination) Regulations 2005. These amend the definition of indirect discrimination in the Sex Discrimination Act and introduce a new definition of harassment.
  • Public Interest Disclosures (Prescribed Person) (Amendment) Order 2005, which amends the categories of prescribed person to whom a protected disclosure may be made.
  • National Minimum Wage Regulations 1999 (Amendment) Regulations 2005. These introduce the annual increase in the level of the national minimum wage (see LELR 103).

 

Be civil to your partner

From 5 December 2005, same-sex couples can have their relationships legally recognised. From then on, anyone who registers a civil partnership will have the same rights as a married couple in relation to tax, social security, inheritance, pensions, workplace benefits and so forth.

The Women and Equality Unit has now produced a series of guidance booklets to help couples to register their partnership.

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