Weekly issue 115 - October 2006

In the News

Employers have become more aware of the importance of a good work-life balance, according to the 2004 DTI Workplace Employment Relations Survey.

Whistle blowing

Section 47(B)(1) of the 1996 Employment Rights Act (ERA) states that “a worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure”

The Court of Appeal has decided in Woodward v Abbey National plc (2006, IRLR 677) that that protection applies to former employees, as well as existing ones.

Duties of ACAS officers

Under section 18 of the Employment Tribunals Act (ETA), ACAS officers have a duty “to endeavour to promote a settlement”

In Clarke and ors v Redcar and Cleveland Borough Council; Wilson and ors v Stockton on Tees Borough Council (2006, IRLR 324; IDS 811), the Employment Appeal Tribunal (EAT) has said that that duty does not require officers to give advice as to the merits of a claim.

Redundancy consultation

Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 states that employers have to consult with unions (and stipulates the time scale in which it must happen) before going ahead with any redundancies.

Reasonably Adjusted

The Disability Discrimination Act (DDA) says that employers have to make “reasonable adjustments” in certain circumstances if a disabled person is placed at a substantial disadvantage in comparison with a non disabled person.

Religion and belief

In discrimination cases, the law says that workers have to identify facts from which a tribunal could conclude that there has been unlawful discrimination before the burden of proof passes to the employer.

Disability discrimination

Section 3A of the Disability Discrimination Act (DDA) sets out three ways in which employers can discriminate against disabled people, one of which is a failure to make reasonable adjustments.

Age regulations

Richard Arthur, a solicitor from Thompsons Employment Rights Unit in London, looks at two specific aspects of the regulations –transitional provisions and retirement dismissals.