FRIDAY FEBRUARY 13, 2004

A disabled man has won £20,000 compensation for a joke played on him by his employers at Legoland.

Rob Jenkins, 33, who has a withered arm, was stunned when employers at a staff presentation gave him a Lego model of himself that showed his disabled arm in a sling. Mr Jenkins complained at an employment tribunal that he has been discriminated against because of his disability and was awarded the cash settlement - £6,000 more than he had sought.

The presentation of the model took place at the Legoland theme park in Windsor, Berkshire, when employees were given awards for service. After receiving the model, Mr Jenkins suffered from depression and regular flashbacks to the motorcycle accident in which he lost part of his arm.

He had received the 8inch Lego model figure to mark three years of work as attractions team leader. “It was a horrible thing to do and the colleagues who know me were as shocked as me," he said. “I do not know what they could have been thinking of. What should have been a ‘Congratulations for your service to the firm' evening turned into my worse nightmare,” he added.

HOW HR2all CAN HELP...

Discrimination can come in many forms. Beprostaff@HR2all offers advice to avoid discrimination.

METRO - THURSDAY FEBRUARY 12, 2004

LANDMARK RULING MORE BULLIED WORKERS

Thousands of workers dismissed unfairly could get better compensation after a landmark ruling in a bullying case.

The court of appeal overturned an interpretation of the law which limited compensation to financial losses and ignored mental effects. Christopher Dunnachie, 36, appealed after an Employment Appeal Tribunal stripped him of a £10,000 award for psychiatric harm. The former Hull City Council workers' case will now go to the House of Lords.

The court agreed the 30-year-old Industrial Relations Act could be interpreted to mean compensation could be awarded for any type of loss. Unison called the ruling ‘a momentous victory.

HOW HR2all CAN HELP...

Having a comprehensive grievance procedure in place can help prevent such circumstances. Beprostaff@HR2all provides the documentation and support you need.

METRO - MONDAY FEBRUARY 9, 2004

£80,000 FOR STRESSED LECTURER

A lecturer has won £80,000 in compensation over the stress she suffered in her 70-hour a week job.

The English lecturer, who has not been named, was asked by Henley College in Coventry to take on more duties on top of her teaching load, her union NATFHE said. She suffered a nervous breakdown in 1998 and has been off work ever since. She claimed the college endangered her health through overwork and breached its duty of care to staff.

‘Unfortunately, overwork has become an epidemic in further education colleges,' said Barry Lovejoy of NATFHE. ‘There is now a national agreement with the employers intended to tackle stress in the workplace.'

HOW HR2all CAN HELP...

Annual staff appraisals are an invaluable method of communication within an organisation. Understanding the needs of your staff, how they feel and areas which may concern them, not only improves staff relations, but can also improve efficiency and avoid such incidents. The managing staff section of Beprostaff@HR2all gives practical advice on appraisals. Our Coaches@HR2all can also help you relieving stress in your organisation and improve your productivity.

HR ZONE - THURSDAY FEBRUARY 26, 2004

NEW STRATEGY FOR TACKLING ILL HEALTH ARISING FROM WORK

A new Health & Safety Commission (HSC) strategy to improve future standards of workplace health and safety has been launched, with an emphasis on tackling ill health arising from work.

Minister for Work, Des Browne said: "Great strides have already been made on safety improvements and I want to see similar progress on occupational health. The record in reducing accidents is impressive. Now we need to achieve a similarly impressive reduction in ill health arising from work. As well as untold suffering, poor management of risks costs the economy dearly."

Forty million working days were lost to occupational injury and ill health in 2001/02: 33 million days were attributed to ill health.

The strategy sets out a new direction for the health and safety system and the roles of the HSC, the Health & Safety Executive (HSE) and Local Authorities (LAs) and focuses on managing risks and not eliminating them.

Key features of the HSC strategy include:

Bill Callaghan, Chair of the Health & Safety Commission, said: "The development of this strategy was driven by the recognition that the world of work is changing, and with it, the hazards. More legislation will not be our first response to new issues."

HOW HR2all CAN HELP...

Beprostaff@HR2all includes a Health & Safety module and a 24-hour free legal helpline to answer all of your concerns.

EVENING STANDARD - WEDNESDAY FEBRUARY 25, 2004

RESTAURANT BOSS WINS RITZ CASE

A Turkish restaurant manager whose tribunal case exposed how the Ritz resold unused wine has won his claim for unfair dismissal and £6,265 compensation
But Edip Adanir, 49, lost a claim for racial discrimination against the five star Piccadilly hotel. An employment tribunal ruled that the hotel had not followed “best practice” when it hired him. Mr Adanir has vowed to fight on over the race claim.

HOW HR2all CAN HELP...

You must have a transparent race discrimination policy within your organisation. Beprostaff@HR2all gives clear advise on how to recruit staff without prejudice. HR2all cannot however advise on the resale of fine wines!

METRO - THURSDAY FEBRUARY 26, 2004

SACKED FOR BEING PREGNANT

At least 1,000 women take legal action every year claiming they were sacked for being pregnant, research shows. The figure is only the ‘tip of the iceberg', the Equal Opportunities Commission said.

One woman who went to a tribunal, told the commission: ‘I work for an organisation that seems to believe having a day off for a hangover is pretty macho but having a day off for morning sickness is a pain in the neck. I call the place Jurassic Park.' Another woman said her boss told her she was ‘not career minded' after she became pregnant. The commission, which studied trends between 1996 and 2002, found pregnant woman who were treated fairly were more likely to go back to work after having children.

HOW HR2all CAN HELP...

Having the correct procedures in place regarding sick leave, maternity leave or flexible working hours is vital to retain staff and avoid discrimination. Create all the policies and procedures you need with Beprostaff@HR2all.

HR ZONE - FRIDAY FEBRUARY 6, 2004

Employers should be aware of:

• Minding their Ps and Qs: city broker, Steven Horkulak, was awarded £1 million in damages last August after he successfully claimed he had been subjected to foul language and abusive behaviour by his boss.
• Their duty: there is an implied duty of trust and confidence between employer and employee. If an employer is abusive, they may be breaking that implied duty. This may provide the employee - assuming they have accrued sufficient service - with the right to leave and claim constructive dismissal.
• New joiners: an employer may still be liable even if an employee with less than one year's service leaves and claims unfair dismissal (if that employee can demonstrate that they walked out for a health and safety related reason).
• Safety in the workplace: section 2 of the Health and Safety at Work Act 1974 obliges employers to operate safe systems and places of work, so far as is reasonably practicable.
  A failure to do so can carry both civil and criminal penalties. Allegations of breaches of the 1974 Act have been used in claims for damages for stress. This is relevant to employers for two reasons; either in claims for stress made by victims of workplace violence, or where stress is the cause of an incident of workplace rage.
• Cost implications: if an employee is being threatened or bullied, or subjected to violence at work, this may lead to absence for ill health, with all the cost and difficulties that it implies for the employer.
• Employee-on-employee violence: recent case law has widened the definitions of 'vicarious liability', making it clear that the employer will be liable for this type of incident. A recent Pertemps survey suggested that half of the UK's office workers have nearly punched a colleague.
• Discrimination: violence that is motivated by racial hostility, religious intolerance or prejudice towards people because of their sexual orientation could leave an employer exposed to potentially high levels of damages in discrimination claims, regardless of how long the victims have been employed.

Practical steps to help eliminate work rage:

• Operate 'zero tolerance' policies, both in relation to violence by service-users against employees and between employees themselves.
• Clearly state in disciplinary and grievance policies that violent behaviour of any kind will not be tolerated, and will be considered to be gross misconduct.
• Ensure that whistle-blowing and anti-harassment/bullying policies are up to date, practical and properly disseminated.
• Offer training (where appropriate) in dealing with aggressive individuals. This is particularly relevant for public facing organisations such as health workers.
• Address the root cause of the problem to help minimise further problems. What factors have led to the incident? What could reduce the employee's stress? What steps could provide early warnings of problems in the future?
• Offer confidential counselling or medical assistance to help fend off any stress claims.

HOW HR2all CAN HELP...