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HR2all - February 2004
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DON'T WAIT FOR AGE DISCRIMINATION - ACT NOW!

One in five people have been discouraged from applying for a job because it contained an age restriction, according to a new report from the CIPD, The Challenge of the Age, to be published later this month.

Although age prejudice is much worse for people over 40, one in 12 under-35s have been told they were too young to be considered. Twice this number believes they have been rejected for being too young, but have no evidence.

The Government is expected to publish draft regulations on age discrimination in Spring 2004 and by December 2006, UK employers will be acting illegally if they let age prejudice influence their recruitment decisions.

Start taking steps now to prepare for the age legislation by asking the following 10 questions.

  1. Can you justify the use of specified periods of experience (e.g. 2 years experience required) in your job adverts?
  2. Have you removed age as a selection criteria for redundancy?
  3. Do you have evidence that all age groups can access flexible working opportunities?
  4. Can you provide evidence that salaries and benefits are not age related?
  5. Are you able to monitor by age the drop-out rate from different stages of your selection process?
  6. Are you able to collate and analyse information from exit interviews by age?
  7. Is the same contractual retirement age applied to everyone in the organisation?
  8. Are you aware of different sickness absence rates amongst different age groups?
  9. Do you assess the intake of your graduate, fast track or management development programmes for potential age bias?
  10. Can you monitor poor performance and age-profile those individuals?

Dianah Worman, CIPD Diversity adviser said: “Age discrimination is costly to business given that older workers achieve the same levels of performance as younger workers. In fact, the business case for employing older workers seems more compelling as they are more likely to stay in their jobs for longer - the cost of replacing staff is more than £3500 on average.”

The Pensions Green Paper, put forward by the Government and expected to come into force soon after the law on age discrimination, contains a raft of tax and pension changes to encourage people to work for longer.

HOW HR2all CAN HELP...

Beprostaff@HR2all gives you guidance on finding the right person for the job - without prejudice. Use the employing staff section to create job descriptions, interview questions and offer letters.

 

Metro - Monday January 5, 2004

EU 'WILL LET WORKERS CHOOSE TEA BAGS'

Employers will be forced to consult staff on what brand of tea bags to use in offices under new European rules the Tories claimed.

Other trivial matters which would need to be discussed include the colour of carpets. The requirements are part of the EU's Information and Consultation Directive, due to become British Law under the Employment Relations Bill being discussed by MPs this week. Constant consultation would increase costs and undermine competitiveness claimed Shadow Industry Secretary Stephen O'Brien. ‘Its absurd to think that companies could be forced by bureaucrats in Brussels to consult on the smallest of issues,' he added.

HOW HR2all CAN HELP...

Beprostaff@HR2all can't guide you on what tea bags to buy but - can help you increase communication by creating appraisal systems and comprehensive employee handbooks.

 

CybHR - Wednesday January 7, 2004

CHANGES TO THE WORKING TIME REGULATIONS

Significant changes to the Working Time Regulations may be on the horizon following the publication this week of a report and consultation document by the European Commission.

The European Commission is seeking responses on the following main issues:

  • The conditions for the application of the 48-hour maximum working week opt-out. The Working Time Directive limits the average working week to 48 hours but it currently allows workers to 'opt-out' and work hours in excess of this by individual agreement with their employer.
  • The length of reference periods over which working time is averaged, currently four months (17 weeks in the UK) with certain provisions allowing for six months or a year.
  • The definition of working time following the recent European Court rulings concerning time spent on-call. Recent ECJ rulings have confirmed that on-call duties must be classed as working time where the worker is required to be physically present at the workplace, even if he or she is permitted to sleep.

The consultation period closes on 31 March 2004. Following the consultation process, it is likely that the Working Time Directive will be amended, although any necessary changes to the UK Working Time Regulations will be implemented over a longer period.

HOW HR2all CAN HELP...

By using Beprstaff@HR2all you can keep up to date with employment law as legislation changes.

 

HR Zone - Tuesday January 27, 2004

NEW EMPLOYMENT TRIBUNAL COMPENSATION LEVELS

Under the Employment Rights (Increase of Limits) Order 2003, from 1 February 2004 there will be increased levels of compensation available in the employment tribunal.

The most notable increases are:

  • Maximum amount of "a week's pay" for the purpose of calculating a basic or additional award of compensation for unfair dismissal or redundancy payments will rise from £260 to £270.
  • Limit on amount of guarantee payment payable to an employee will rise from £17.30 to £17.80.
  • Limit on amount of compensatory award for unfair dismissal will rise from £53,500 to £55,000.

HOW HR2all CAN HELP...

Relieve the burden of red tape and costly tribunal actions – Beprostaff@HR2all guides you through the maze of employment legislation every business must comply with.

 

HR Zone - Thursday January 15, 2004

SYNCHRONISED EMPLOYMENT LAW COMMENCEMENT DATES

The DTI has published details of the employment law regulations that are due to take effect in 2004.

From 2004, domestic changes will only be implemented on two days each year - 6 April, the start of the tax year, and 1 October, when the national minimum wage is reviewed.

6 April

  • Conduct of Employment Agencies and Employment Businesses Regulations
  • Extension of Acas Arbitration Scheme to Scotland
  • Maternity leave and paternity, and adoption leave and pay regulations
  • Regulations to amend the National Minimum Wage to introduce new fair piece rate regime

1 October

  • Annual revision of National Minimum Wage
  • Discipline and Grievance Code of Practice
  • Dispute Resolution Regulations
  • Employment Appeal Tribunal Rules
  • Employment Tribunal (Constitution and Rules of Procedure) Regulations
  • Employment Tribunals: New application forms
  • Equal Pay Act, Rules of Procedure in equal value claims
  • Equal Pay Act, “No reasonable grounds” provision
  • TUPE Regulations

Employment Relations Minister Gerry Sutcliffe said: "The annual statement and harmonisation of commencement dates for changes in employment law and practice are a direct response by the DTI to meet concerns of employers and workers as identified by the Better Regulation Taskforce."

HOW HR2all CAN HELP...

Review your contracts annually to ensure you are fully compliant with current legislation. A good idea is to discuss these changes with staff during their annual appraisal – Beprostaff@Hr2all gives guidance on creating an employment contract and handbook and advice on setting up an appraisal system.

 

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