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			<title>D3 Employee Solutions August Briefing</title>
			<description>D3 Employee Solutions August Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 17th of August 2010 09:00:07 AM</pubdate>
			<subject>D3 Employee Solutions August Briefing</subject>
			<content><![CDATA[





 
 




 
 
 

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Please click here to forward to colleagues who may be interested in this briefing.
 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 12 - August 2010



 
 



 
 
 

The D3 Employee Solutions Briefing
 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights.   To read earlier Briefings see here.  End of Compulsory Retirement  The government has confirmed that, as from October 2011, the so-called default retirement age (DRA) will be scrapped and therefore in most cases it will become unlawful for employers to insist that an employee must retire. This comes on top of indications that they will speed up the timetable for increasing the age at which individuals can take the state pension from 65 to 68.  Only employers who can ‘objectively justify’, with evidence, a specific retirement age will be able to continue with the practice of compulsory retirement, but the objective justification test is, to quote the original DTi guidance, a ‘tough test’. The consultation document about the detail of the changes quotes the Equalities & Human Rights Commission: ‘It is not easy to prove objective justification, and employers have to provide valid evidence if they are challenged.’  Therefore, in most cases, the date at which an employee retires will be a largely a matter for them. To dismiss (retire) an older employee fairly, an employer will have to rely on one of the statutory potentially fair reasons (conduct, capability, redundancy, illegality or ‘some other substantial reason’) and in doing so would need to ensure that there was no age discrimination involved.    Employers need to consider:  Do they want to continue to use a compulsory retirement age, and, if so, could they ‘objectively justify’ it? How they can use the abandonment of the DRA as a positive force for business improvement e.g. improving management of individual performance and capability? How they can help employees plan for when they choose to retire i.e. what is the new retirement policy? How they can equip managers to manage in an environment where older workers will increasingly form a significant part of the workforce? How they will manage the transition through to October 2011 with those who are already over age 65 or who will be 65 before 1st October 2011? What is the impact on existing employee benefits and Terms & Conditions? Together with retirement specialists Laterlife, we can help employers address these questions. For a preliminary chat about how the new arrangements will affect you, give us a call. An initial one-hour consultation is free. We also run Planning for Retirement workshops, either in-house or open programmes. These are aimed at employees who definitely plan to retire within the next few years - call us for more detail or see http://www.retirement-courses.co.uk.  

 
 
Training
 


 
 
In partnership with the Dorset Chamber of Commerce, D3 and The Way Ahead are running two training days in September and October:  17th September - Leadership Skills 21st October - Team DevelopmentMore details from Gillian Bunting at Dorset Chamber of Commerce - Gillian.Bunting@dcci.co.uk  Our training partner, The
Way Ahead, has a few places left on its forthcoming one-day
programmes held at Basepoint Business Centre, Bournemouth.



 13/09  Managing Business Relationships (Overcoming Conflict)  15/09  Developing Assertive Behaviour 16/09  Solving Problems and Making Decisions 23/09  Motivating your People to Perform 27/09  Building a Successful Team 22/09  PowerPoint Essentials For more details go to The Way Ahead Web site (click on their logo above), or call them on 0845 803 7768.  D3 Briefings – the future  This could be the last of our monthly Briefings.  We would welcome any feedback as to whether you would like to see them continue and if so whether quarterly Briefings would be useful.  
 
 About us

 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here. 

 
 


 
 




 News Items


 
 National Minimum Wage (NMW)  - The age from which the adult rate of the NMW applies will drop from 22 to 21 with effect from 1st October 2010.  From this date the new hourly rates will be:  Under 18 & over school leaving age - £3.64 Age 18 to 20 - £4.92 Adult rate (from age 21) - £5.93  Pre-employment checks  - An employer is acting unlawfully if they employ a person who does not have the right to work in the UK. The financial penalties for doing so are punitive. The UK Border Agency has published its updated ‘GUIDANCE FOR EMPLOYERS ON PREVENTING ILLEGAL WORKING’ with specific reference to employing asylum seekers and refugees.  The Guide explains the right to work and illustrates the documentary checks employers need to make in order to ensure that they are not employing illegal workers.  Employers should also remember that from 1st October 2010 they can no longer use generic pre-employment medical questionnaires.  Contact us


 

Phone John Evans on  07834 895125

 

E-mail him at john@d3.org.uk
 

Or go to our website by clicking here.



 



 
 

 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.



 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists
















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			<title>D3 Employee Solutions July Briefing</title>
			<description>D3 Employee Solutions July Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 13th of July 2010 01:00:05 PM</pubdate>
			<subject>D3 Employee Solutions July Briefing</subject>
			<content><![CDATA[






 
 

 
 

 
 
 

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Please click here to forward to colleagues who may be interested in this briefing.
 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 11 - July 2010



 
 



 
 
 

The D3 Employee Solutions Briefing
 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights.   To read earlier Briefings see here.  Is the Recession over? A Short Guide to Redundancy  There are positive signs of growth in some sectors, but there is genuine concern that cut-backs in public expenditure could reverse a lot of that. After all, a lot of public money is spent with private sector businesses and public sector employees/pensioners spend their salaries/pensions. The overall drop in spending power could have a dramatic short-to-medium-term impact on prospects for some business sectors. For example, businesses relying on public sector building programmes are already feeling the pinch and are now starting to compete with those more focussed on private development. So far, many employers have been highly imaginative in devising ways to avoid redundancies, and some have even managed to grow. Hopefully this will continue.     But if it is not possible to avoid them here is a Baker’s Dozen set of tips: 

 
 
1. 
 
Ensure that you actually have a genuine redundancy situation. It’s carefully defined in law! 

 
 
2.
 
If the potential for redundancy arises from merger or takeover, you will need to take account of TUPE - both employers have obligations. 

 
 
3.
 
Take measures to avoid making redundancies 

 
 
4.
 
If the number of potential redundancies could be more than 20 over a 90-day period, you must consult with employee representatives from the outset. Tribunals will impose harsh penalties for failing to do so 

 
 
5.
 
Communicate with all employees, including those not at risk - it’s better that you control the flow of information than allow rumour and gossip to take charge 

 
 
6.       7. 
 
  
   Carefully define the ‘pool’ of employees at risk - at one extreme (closure), this might be all employees; at the other end, the ‘pool’ could be one person. 
     
      Have clear selection
        criteria where the pool is greater than one - criteria which can
      be objectively measured and evidenced and which are not discriminatory. 


 
 
8.
 
Make a provisional selection based on the criteria 

 
 
9.
 
Consider suitable alternative employment - you are obliged to offer this if it exists; equally you cannot force an employee to accept an unsuitable alternative 

 
 
10.
 
Consult with each person provisionally selected before finalising your plans. Don’t make this  a sham - listen to what they have to say and take it into account 

 
 
11.
 
Be clear on what compensation you will pay (there is a statutory minimum), honour contractual commitments (e.g. notice) and consider providing additional support to those leaving 

 
 
12.
 
Fully document the process  

 
 
13.
 
Last but not least, don’t forget about the ‘survivors’ - your future success depends on them!  



 The costs of getting it wrong are high – so get expert help! Contact us if you need assistance, or if you just want a fuller briefing on this topic. An initial one-hour consultation is free.  

 
 
Management Training 
  Our training partner, The 
Way Ahead, has a few places left on its forthcoming one-day 
programmes held at Basepoint Business Centre, Bournemouth.
 




 Solving Problems and Making Decisions                   26th July Managing Projects – Using MS Project                     30th July Managing Business Relationships                            29th July Achieving Objectives through Time Management      9th August Understanding Business Finance                             12th AugustFor more details go to The Way Ahead Web site (click on their logo above), or call them on 0845 803 7768.
 
 About us

 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here. 

 
 


 
 



 News Items


 
 Equality Act 2010 - This Act was passed at the back end of the last Parliament and most of its provisions come into effect in October. Many expected the new government to make changes to the Act and/or postpone its implementation.  However, it is going ahead as planned. In many respects the Act is a consolidation of existing legislation, but there are some important extensions and modifications. Click here to see a table ACAS has published showing the significant changes.   If you’d like to know more about this, contact us for a free one-hour briefing.  Employment Tribunal Claims - the number of tribunal claims has risen by 56% to record levels during the recession. No employers are immune, from the largest multi-nationals to the smallest business with one employee. The smallest we’ve seen is a married couple who employed a nanny - they didn’t even realise that they were employers! Freelance Workers who provide their work through their own limited company will be pleased that the Chancellor has initiated a review of the dreaded IR35 tax rules  Flexible Working – currently, parents of young or disabled children and some carers can request various forms of flexible working from their employer. Requests can only be rejected against a defined set of criteria and employers must beware of indirectly discriminating when considering such requests. The government (to the surprise of many) has indicated that it plans to extend this right to all employees, albeit that there will continue to be some eligibility criteria in relation to length service.  Contact us


 

Phone John Evans on  07834 895125

 

E-mail him at john@d3.org.uk
 

Or go to our website by clicking here.



 



 
 

 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.



 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists
















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			<title>D3 Employee Solutions June Briefing</title>
			<description>D3 Employee Solutions June Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 15th of June 2010 09:01:52 AM</pubdate>
			<subject>D3 Employee Solutions June Briefing</subject>
			<content><![CDATA[






 
 



 
 
 

Can't read this? Click here to view in your browser





 
 





 

Please click here to forward to colleagues who may be interested in this briefing.


 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 10 - June 2010





 
 



 
 
 

The D3 Employee Solutions Briefing


 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights.   To read earlier Briefings see here.  Absence from Work – World Cup Sickies?  All the professional HR press and blogs have gone wild about what employers should be doing to prevent and/or deal with an expected increase in absenteeism over the month-long wall-to-wall TV and on-line coverage of the World Cup. Surveys galore contradict each other: read one and it seems like almost everyone will be having a absence-causing headache on the day of an England game (or possibly the morning after, because, of course, every self-respecting England fan will get blinding drunk on all the supermarkets’ cheap booze); read another, and you get a more positive image of the sense and commitment of the British (even the English) worker. Some ask: ‘what’s so special about the World Cup; what about Wimbledon, the Open, the Ashes tests ....?’ Other say: ‘it’s our national game and it only happens every 4 years, so get real’ Advice ranges from: ‘take a tough line, unauthorised absence is unauthorised absence’ to ‘embrace it, get big screens in and join the party’. Many see few problems arising, since the England games tend to be in the evening or at weekends, ignoring the facts that much of the modern world does not work 9 to 5, Monday to Friday and that workforces often contain more than just England supporters, not to mention that many are just not interested. Therein lies the problem, some will say: having a flexible attitude around the England games leaves you open to resentment from the disinterested and accusations of discrimination by supporter of other nations, including those who will adopt a nation simply because they are not England – during the last World Cup I was working in Glasgow and the office was full of Brazilians! Our advice? Think about it; talk to the staff; and come up with guidance/rules that suit your situation. We have organisations to run, customers to serve, deadlines to meet, but let’s not be killjoys. Treat this as a dry run for the 2012 Olympics, when we all become mad cycling fans!   While on this topic, and we have warned of this before, beware of fake ‘fit notes’ – here’s one example of where realistic ‘novelty’ certificates can be obtained - Buy 1, Get 1 Free at £9.99! www.doctorsnotestore.com.  Call us if you need help putting together an effective absence management programme.   Growing Your Organisation   Together with greenmessage, we are hosting a free seminar aimed at helping your organisation grow effectively and then manage and sustain that growth. Greenmessage will look at how e-marketing can facilitate your growth; we will consider the direction your growth should take and the employment implications of that growth.  Come along on the Tuesday 6th July to AFC Bournemouth: doors open at 9am for a 9.30 start, with refreshments provided.  For more information and to book your place, please click here.  Management Training   Our training partner, The Way Ahead, has a few places left on its forthcoming one-day programmes held at Basepoint Business Centre, Bournemouth.  Managing Conflict in the Workplace, 22nd June  Coaching & Mentoring your People, 28th June Solving Problems and Making decisions, 30th June Organising and Delegating, 2nd July PowerPoint essentials, half-day 5th July Motivating your people to perform, 9th July Introduction to Leadership, 12th July Dealing with Difficult People, 14th July Excel Intermediate, two half days 15th and 20th July Building a Successful Team, 16th July Managing Customer Service, 19th July For more details go to The Way Ahead Web site (click on their logo above), or call them on 0845 803 7768.  About us


 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.


 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here.  I undertake only to tweet or retweet interesting stuff!   Connect with me at LinkedIn    News Items


 

 Training - we have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.    We run these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required.   Click here for more details. National Employment Savings Trust (NEST)  - It’s really a pension scheme and is due to be phased in from 2012 (scary that that is not far away!). All employers will have to contribute a minimum of 3% of pay to an employee’s trust, or provide a pension scheme which provides approved benefits. Employees can opt out, but why would they opt out of something that their employer has to contribute to?   Small employers in particular should soon be talking to their financial advisers to ensure that they are prepared for NEST.  Contact us


 

Phone John Evans on  07834 895125


 

E-mail him at john@d3.org.uk


 

Or go to our website by clicking here.






 



 
 


 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.


 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.






 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists


















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				<item>
			<title>D3 Employee Solutions May Briefing</title>
			<description>D3 Employee Solutions May Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 18th of May 2010 09:00:03 AM</pubdate>
			<subject>D3 Employee Solutions May Briefing</subject>
			<content><![CDATA[






 
 



 
 
 

Can't read this? Click here to view in your browser





 
 





 

Please click here to forward to colleagues who may be interested in this briefing.


 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 9 - May 2010





 
 



 
 
 

The D3 Employee Solutions Briefing


 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights.   To read earlier Briefings see here.  Contracts of Employment  There is no legal requirement for a contract of employment to be in writing, let alone signed by either or both parties. The terms of the contract can inferred by what is said in job adverts, at interview and in offer letters, as well as from statutory provisions and the actions of employer and employee. However, even if you have very few employees, it is wise to write down the terms because:  The Employment Protection Act 1996 gives employees the statutory right to written particulars of a defined number of their employment terms  Employment Tribunals can award compensation to employees who do not have such written particulars They clarify what might otherwise need to be inferred  They set out the ’rules’ by which the employment relationship can be managed and thereby prevent misunderstanding and conflict If you do not have written terms, it is surprising inexpensive to get them done. We will review any existing contract documentation for free. We will tell you if there are any material gaps and/or elements which are out of date. Disciplinary & Grievance Procedures    A claim of unfair dismissal is likely to succeed if the ACAS Code of Practice has not been followed; worse still, an Employment Tribunal can increase the compensation awarded by up to 25% if the Code is not followed. Similarly a constructive dismissal claim can follow a grievance raised by an employee and the claim has a better chance of success if the employer has failed to consider/address that grievance adequately. The Code itself says:  ‘Fairness and transparency are promoted by developing and using rules and procedures for handling disciplinary and grievance situations. These should be set out in writing, be specific and clear ....’ So a failure to have written procedures is itself a breach of the Code. Details of disciplinary and grievance procedures are among the items that must be set out in the minimum particulars of employment (see above).  If you do not have written disciplinary and grievance procedures, we can develop them for you. We will review your existing procedures at no charge. It will be your choice whether to engage us to update them if required.  Management Training   Our training partner, The Way Ahead, has a few places left on its forthcoming one-day programmes held at Basepoint Business Centre, Bournemouth.  Microsoft Excel Intermediate Parts 1 & 2 (half or full day), 25th May. Aimed at those who have a basic knowledge of Excel and want to develop their skills.  Developing Assertive Behaviour, 26th May. Aimed at those who find it difficult to articulate themselves, lack confidence or who want to be able to develop more meaningful relationships when the going gets tough Managing Internal Projects, (2 days), 1st & 2nd June.  Aimed at project leaders and team members who want to follow a structure project management methodology. Solving Problems & Making Decisions, 3rd June. Aimed at those who want to be more effective at indentifying root causes to problems and at developing solutions and making decisions. Introduction to Leadership, 7th June. Aimed at managers, or those  aspiring to become one shortly, who want to develop their leadership skills and effectiveness Managing Conflict in the Workplace, 22nd June. Aimed at managers who need to improve harmony in the workplace and are responsible for resolving conflict or breakdown in relationships amongst individuals and teams Coaching & Mentoring your People, 28th June. Aimed at managers who need to develop their skills and knowledge, to become more effective in their role as coach and mentor to their teamFor more details go to The Way Ahead Web site (click on their logo above), or call them on 0845 803 7768.  About us


 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.


 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here.


 

News Items


 

 Training - we have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.    We run these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required.   Click here for more details. Equality Act 2010 - The Act received Royal assent in April and is a general harmonisation and an extension of anti-discrimination law. Of significance, is the extension of so-called ‘associative’ and ‘perceptive’ discrimination – this means that it will be unlawful to discriminate against someone because they are associated with another person who is in one of the ‘protected categories’ (e.g. the carer of a disabled or elderly person); or against someone who is thought to be in a ‘protected category’, although they are in fact not (e.g. someone you believe to be a gay when they are in fact straight). In practice, the Act will have greater impact on the public sector and most of its provisions do not come into effect until October 2010 or later. The Conservative Party had indicated that they would reverse some of these if elected, but it is possible that the new coalition government will allow the Act to survive intact.  Retirement Age  - Both partners in the new government have indicated their intention to scrap the default retirement age of 65; so we can expect that employers will soon no longer be able to compulsorily ‘retire’ staff.  Contact us


 

Phone John Evans on  07834 895125


 

E-mail him at john@d3.org.uk


 

Or go to our website by clicking here.






 



 
 


 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.


 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.






 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists


















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			<title>D3 Employee Solutions April Briefing</title>
			<description>D3 Employee Solutions April Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 13th of April 2010 09:00:13 AM</pubdate>
			<subject>D3 Employee Solutions April Briefing</subject>
			<content><![CDATA[






 
 



 
 
 

Can't read this? Click here to view in your browser





 
 





 

Please click here to forward to colleagues who may be interested in this briefing.


 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 8 - April 2010





 
 



 
 
 

The D3 Employee Solutions Briefing


 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights.   To read earlier Briefings see here.  The New ‘Fit Note’  Last month’s Briefing was about the introduction of the ‘Fit Note’ to replace the ‘Sick Note’. A recent survey suggests that 22% of employers think it will make no difference and 38% thought it would create more problems than it solves.   However, it has the potential to make a real difference to how sickness absence is viewed, provided employers:  Communicate the new arrangements to their staff Use it as a reason to discuss return to work with an absent member of staff Are open to the idea of making adjustments to facilitate an early return to work Duties are not defined too narrowly so that employees (within reason) can expect to do things which might not be their ‘normal’ job If you need help in integrating the new note into your absence management processes (or want to define such a process for the first time) then give us a call on 07834 895125 or drop us an e-mail. An initial consultation (including a review of any existing written policy) is free, so you have nothing to lose.Paternity Leave   The law has been passed to significantly extend the availability of Paternity Leave to partners of new mothers or to one or a couple who are adopting.   Currently those eligible can take either one or two weeks’ leave and are entitled to Statutory Paternity Pay (£124.88 in 2010/11). For babies born (or adoptions notified) on or after 03/04/2011 (which means pregnancies starting in July 2010) those partners will have the option of adding up to a further 26 week’s leave, but taking any unused Additional Maternity Leave if the mother (or one of the adopter) returns to work. They may also be entitled to Paternity Pay for part of this extra leave. This entitlement applies even though the two partners may work for two different employers  If you want to understand the new rules and/or review your maternity, paternity and adoption leave policies then we can help. We will review your existing written policies/procedures at no charge. It will be your choice whether to engage us to update them if required. For more details please contact us.  Using Temporary Staff   Do you use temporary staff from employment agencies? You may have heard that new regulations have been introduced which mean that you will have to give parity of pay to ‘temps’ who are with you for 12 weeks or more, relative to comparable ‘permanent’ staff.   It was expected that these requirements would be in place during 2010. However their introduction has been delayed until 1st October 2011. Despite this delay, those who use ‘temps’ may want to begin to review their approach and take account of the new rules earlier so they don’t get caught out next year.  Discuss it with us with no obligation by calling us on 07834 895125 or e-mailing john@d3.org.uk.  Management Training   Our training partner, The Way Ahead, has a few places left on its forthcoming one-day programmes held at Basepoint Business Centre, Bournemouth.  Managing Conflict in the Workplace 21st April - Aimed at Managers who need to improve workplace harmony and are responsible for resolving conflict or breakdown in relationships  Motivating Your Team to Perform 29th April - For the practising or aspiring manager who needs to identify what makes people `tick’, and then to be able to pick appropriate method(s) to motivate them to perform effectively Directing your Business To Financial Success 5th May - For the ‘non-specialist’ in the to be able to better manage the financial side of the organisation Influencing Others Productively at Work 10th May – For managers who need to understand the value of networking and how best to influence and negotiate with others to achieve their objectives Introduction to Leadership 13th May – For front line managers, or those aspiring to become one shortly, this workshop will help you to develop your management skills and knowledge, to become effective in your roleFor more details go to The Way Ahead Web site (click on their logo above), or call them on 0845 803 7768. 
 
 

About us


 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.


 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here.


 

News Items


 

 Training - we have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.    We run these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required.   Click here for more details. Keeping Out of Employment Tribunal - Like accidents, employment tribunal claims happen to other businesses. However one major law firm is predicting that the number of cases could rise by 46% over the next three years. See the Daily Telegraph report. But, like accidents, the best way to avoid being the recipient of one of the extra claims is prevention.   Talk to us about how to avoid getting claims (or at least claims with little merit). High Court Enforcement Officers - The Ministry of Justice has introduced arrangements whereby successful Tribunal claimants can more easily enforce payment of the compensation awarded to them, following an increase in the number of employers failing to pay. Religious Discrimination at work    - This has reared its head again with a further claim against the NHS by a Christian nurse who is barred from wearing a cross outside her uniform; and with seven CofE Bishops publishing an open letter claiming Christian beliefs are being disrespected and sidelined by employers, while other faiths are treated more sensitively. In contrast, the well-publicised claim by a BA employee (again for being prevented from wearing a visible cross) has been lost on appeal. Contact us


 

Phone John Evans on  07834 895125


 

E-mail him at john@d3.org.uk


 

Or go to our website by clicking here.






 



 
 


 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.


 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.






 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists


















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			<title>D3 Employee Solutions March Briefing</title>
			<description>D3 Employee Solutions March Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 16th of March 2010 10:30:02 AM</pubdate>
			<subject>D3 Employee Solutions March Briefing</subject>
			<content><![CDATA[




 
 



 
 
 

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Please click here to forward to colleagues who may be interested in this briefing.


 

Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
 
Issue 7 - March 2010





 
 



 
 
 

The D3 Employee Solutions Briefing


 
Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights. In our first 6 Briefings (see here) we considered Those who work for you – are they employees, workers, self-employed or what?  Contracts of Employment An employee’s right not to be unfairly dismissed Retirement rights Discrimination in Employment Managing Staff Absence & Time-off Prospects for 2010 Pre-employment references and checks In this issue we revisit the managing absence topic with a particular focus on the new ‘Fit Notes’  Important Changes to Medical Certificates   The current system It is a common belief that it is for doctors to decide whether someone is fit for work. If a GP provides a medical certificate saying that a person is unfit for work for, say, three weeks, most employers (and most employees) feel that they cannot challenge that. However, some employees will want to continue to work, even though declared ‘sick’, if only because they cannot afford a drop in pay; while employers will often feel that a signed-off employee is actually fit to do some work, if not their normal job.   The DirectGov website has this to say about entitlement to Statutory Sick Pay (SSP): ‘It is up to your employer to decide whether you are incapable of work. A medical certificate from your doctor is strong evidence that you are sick and would normally be accepted, unless there is evidence to prove otherwise’ (our emphasis).   The current system is that an employer cannot normally ask an employee to provide evidence that they are sick for the first seven calendar days of illness, but can ask for such evidence from the eight day.  This element of the certification system is not changing. As the GirectGov quote implies, it remains open to an employer to challenge that evidence when there is good reason to do so.    So, what is new? The ‘evidence’ that employers usually receive is a ‘medical certificate’ issued by GPs, although it could be in other forms e.g. a letter from a doctor, hospital consultant or dentist.  From 6th April 2010 the  medical certificate is being replaced by a ‘Statement of Fitness to Work’, already dubbed a ‘Fit Note’ - see a sample of the new note here.  The new evidence will distinguish between a declaration that, in the doctor’s opinion: A person is unfit for any work A person may be fit for workIn the latter case, the doctor may give more details about what the person can or cannot do and may indicate that one or more of the following may assist:  A phased return to work Amended duties Altered hours Workplace adaptations Will this help? Time will tell, but the new approach has come in for some criticism by doctors, managers and HR professionals. These include: Doctors only base their advice on what the patient tells them. Currently this relates to their symptoms. In future it will also relate to what the patient says about their workplace and nature of their duties. Generally, GP’s are not experts on occupational health and may feel reluctant to suggest suitable adjustments to duties, hours etc. Traditionally GP’s have been their patients’ advocate and have a strong commitment to patient confidentiality – they may resent the new approach which asks them to make judgements which should be made by employers. Equally managers and business owners are not occupational health experts, and, in particular most small business do not know where to go for advice of this nature and/or will be unwilling to pay for it The new system will help when all three parties (doctor, employee and employer) believe that a return to work with appropriate adjustments is in the best interests of employer and employee and that such adjustments are workable and affordable.  After all, an employer is obliged by law to make ‘reasonable adjustments’ of this kind to enable a disabled employee to carry on working. Why not apply this logic to all employees?  However, it is likely to cause workplace conflict when: Employee and employer want an early return to work, but the doctor declares a person to be unfit – employers may be reluctant to go against this advice, often for health and safety grounds Doctor and employer feel that the employee is capable of doing some work, but the employee is unwilling to adopt the adjustments suggested e.g. different duties. Doctor and employee feel that the employee is capable of doing some work, but the employer disagrees and/or is unable/unwilling to make the adjustments required What help is available? Despite the criticisms, the new system is upon us and all will need to work with it and face these potential conflicts.  Until March 2011, limited occupational health advice will be available to owners, managers and employees of organisations with up to 249 employees – in England, a Health For Work Adviceline will be available on  0800 0 77 88 44 (http://www.health4work.nhs.uk)  Most  Primary Care Trusts have an Occupational Health unit and there are also a number of private Occupational Health practices.   The DWP and TUC have both produced guides which are worth reviewing: http://www.tuc.org.uk/extras/fitnote.pdf  and http://www.dwp.gov.uk/docs/fitnote-employer-guide.pdf   Policy We would recommend that all employers: Review their absence management policy, in particular their rules about notifying and certificating absence Consider what adjustments they might be willing to make to enable ‘sick’ employees to return to work Consider the impact on their sick pay arrangements e.g. if someone returns part-time as part of a phased return and or to what would normally be a lower paid job Amending staff contracts to oblige staff to take on revised or alternative duties when fit to do so and when affordable and practicable adjustments can be made Remember that sometimes simple adjustments can get someone back to work sooner than they otherwise would e.g. simply organising transport for someone unfit to drive  D3 Employee Solutions can, of course, help you: to put the right policies in place - contact us at evans@d3.org.uk or phone 07834 895125 
 
 

About us


 

D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice. You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.


 

For more detail about retaining D3 Employee Solutions please go to our website by clicking here.


 

News Items


 


 

Training - We have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.


 


 

We run these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required:



 

Click here for more details


 

Blacklisting - It is now unlawful for trade union members to be denied employment through blacklists, under new regulations that came into effect on 2nd March. The regulations:  Make it unlawful to refuse employment or dismiss someone because they appear on a blacklist; Make it unlawful for employment agencies to refuse to provide a service because they appear on a blacklist; and Enable individuals or trade unions to seek compensation, or have action taken, against those who compile, distribute or use blacklists  National Insurance - The government plans to increase the employers’ NI rate by 1% point from 1/04/2011. A group of business organisations have started a petition against this increase, arguing that an increase to what amounts to a  ‘payroll tax’, will harm jobs, create more benefit claimants and inhibit economic recovery - see http://www.no-nics-rise.co.uk   Right to request training time - From 6th April 2010 employees in organistaions with 250 or more employees will be able to request time off for training. Such requests must be considered and if an employer is inclined to refuse they must hold a meeting with the employee and confirm any decision in writing. Refusal can only be for specified business reasons. This right will be extended to all employees from April 2011.    Contact us


 

Phone John Evans on 07834 895125


 

E-mail him at john@d3.org.uk


 

Or go to our website by clicking here.






 



 
 


 
 

greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.


 

For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details.






 



 
 

If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
Powered by greenmessage - the environmental communication specialists


















]]></content>
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			<title>D3 Employee Solutions February Briefing</title>
			<description>D3 Employee Solutions February Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 16th of February 2010 10:00:02 AM</pubdate>
			<subject>D3 Employee Solutions February Briefing</subject>
			<content><![CDATA[
    
       
 
            
 
                 
                   
 
                        
 
                             
                                 
                                    
                                        Can't read this? Click here to view in your browser
                                    
                                
                               
 
                                    
 
                                         
                                            
                                        
                                    
                                

                                 
                                    
                                        Please click here to forward to colleagues who may be interested in this briefing.
                                    
                                
                                 
                                    
                                        Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
                                         
                                        Issue 6 - February 2010
                                    
                                
                               
 
                                    
 
                                         
                                           
 
                                                
 
                                                     
                                                         
                                                            
                                                                The D3 Employee Solutions Briefing
                                                            
                                                        
                                                         
                                                            
                                                                Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights. In our first 5 Briefings (see here) we considered:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Those who work for you – are they employees, workers, self-employed or what? 
                                                                
                                                            
                                                             
                                                                
                                                                    Contracts of Employment 
                                                                
                                                            
                                                             
                                                                
                                                                    An employee’s right not to be unfairly dismissed 
                                                                
                                                            
                                                             
                                                                
                                                                    Retirement rights Discrimination in Employment Managing Staff Absence & Time-off Prospects for 2010 
                                                        
                                                        
                                                        
                                                         In this issue, we consider the topic of taking pre-employment references. Pre-employment references and checks   In January’s issue, we included the following ‘cautionary tale’: Do you (or your recruitment agents) fully check claims made by job applicants e.g. about their qualifications?  Following a reorganisation of Devon Primary Care Trusts, many staff had to reapply for new posts.  One, a senior HR Manager, was subsequently investigated and prosecuted. In December, she was found guilty of claiming professional qualification that she did not in fact have and was sentenced to a 6-month suspended sentence, 150 hours’ Community Service and to pay £9,600 in compensation.  As importantly (for her), her career is effectively ruined.  So, this is a reminder for employers that not everyone is truthful when they apply for jobs and for applicants that the consequences for lying can be dire! But we will often hear the refrain from employers – ‘references are not worth the paper they are written on’.  Many employers, frightened by the potential for legal action against them should they ‘get it wrong’ have adopted a policy of not giving references or at least limiting them to basic factual information such as confirmation of previous employment with them. References are, however, are just one form of pre-employment check which include: Health questionnaires and medicals – the scope of which may be restricted by the new Equality Bill Checks on qualifications and membership of professional bodies Legally required checks on ‘eligibility to work in the UK’ Legally required criminal records checks for staff working with children and vulnerable adults (and for some jobs a person registration) Statutory references for people engaged in the provision of financial advice and  to establish that a person is ‘fit and proper’ in the Financial Service sector Employment References from previous employers Credit checks and identity/address/electoral roll checks Personal references Information gained from various ‘public’ sources e.g. news media, Google, Social and Business Networking sites – a bit of a legal nightmare in itself.  So what should employers do?  Seeking References  Firstly, abide by the law! This means: That you must seek confirmation of a person’s eligibility to work in the UK and keep a record of that confirmation. The penalties for employing an ineligible person are severe! If your employees come into regular contact with  children  and/or vulnerable adults, then undertake the appropriate checks, including criminal records, qualifications and/or registration with professional bodies (if appropriate), inclusion on ‘barred lists’  If you are in the financial services sector, carry out the checks required by the Financial Services and Markets Act 2000 Beyond this, the view of the Chartered Institute of Personnel & Development (CIPD) is that: ‘employers should always take up references to check facts such as qualifications gained and previous jobs held, etc. However, we do not recommend that employers base their hiring decision on subjective opinion about an individual’s competence or performance’.  At D3 Employee Solutions we take the view that employers should note that the legal provisions are concerned with managing risks of varying kinds and should adopt a similar approach: assess the risks to your organisation, your employees, your clients/customers and the general public and base the extent and thoroughness of your checks on that assessment. Just as a hospital should not employ a doctor without checking their qualifications (although we read that this is not unknown!), would you employ a driver without checking that that actually have the appropriate license? If an employee handles money, should you not check honesty – if their CV/application is grossly inaccurate, would this not give rise to concern about honesty in general? At the very minimum, check that which it is relatively easy to check e.g.:  Ask to see certificates, licenses and proof of membership of professional bodies Ask previous employers for confirmation of  employment and dates of employment Be more than a little wary of basing hiring decisions of what is ‘revealed’ in social/business networking sites – it is all too easy to get the wrong impression (positive & negative) and there is, of course, the danger of discriminating on the basis of what you learn from such site. If you discover something untoward from ‘public’ sources, always check them further and allow the individual to give an explanation/comment before making judgements.  You can engage suppliers of employee vetting services – they will check identity, undertake credit checks, qualification checks, CRB checks  etc.  Giving references Employers engaged in the provision of financial services governed by Financial Services and Markets Act 2000 are required by law to supply references to other employers regulated by the same Act. Other than that there is no statutory requirement to provide a reference. So, employers could refuse to provide references. However, beware that if that refusal is an act of discrimination (e.g. because the person has made a complaint of discrimination), then the refusal itself can be complained about even though it is post employment. And certainly judges have made comment that employers are under a moral, if not legal, duty to provide a reference, particularly where the failure to do so would adversely affect the person concerned. However, other employers have no comeback on you for refusing to provide a reference  If you do give a reference, you are under a duty to ensure that reasonable care is taken to ensure that it is accurate and gives a fair and reasonable and not misleading picture. As such it should be factual and capable of verification - avoid subjective opinions even over the phone! The tricky thing is: should you leave out something which could cause a misleading reference e.g. you confirm dates of employments, but omit that the employee was dismissed for gross misconduct?  Our advice would be not to leave out such important factual information and certainly do not ‘massage’ the truth by saying, for example, that someone was made redundant when in fact they were dismissed for misconduct.    Your policy on giving references should perhaps be based on the principle of ‘do under to others what you expect from others’ – if you expect to receive accurate and meaningful references as part of your selection process, then expect to provide the same.  Policy Be clear on your policy about giving and seeking references and be consistent in its application - discuss it with your recruitment agents and suppliers of agency staff/contractors. Make sure that they comply with their obligations, particularly when supplying ‘regulated’ personnel.  D3 Employee Solutions can, of course, help you: to put the right policies in place - contact us at evans@d3.org.uk or phone 07834 895125 
                                                     
                                                         
                                                            
                                                                About us
                                                            
                                                        
                                                         
                                                            
                                                                D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice.  You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
                                                            
                                                        
                                                         
                                                            
                                                                For more detail about retaining D3 Employee Solutions please go to our website by clicking here.
                                                            
                                                        
                                                         
                                                            
                                                                News Items
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                Training - We have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                We will be running these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Managing Discipline, Grievance & Dismissal – 15th March 2010
                                                            
                                                             
                                                                
                                                                    Managing Absence and Time Off work – 25th March 2010 
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Click here for more details 
                                                            
                                                        
                                                         
                                                            
                                                                Serial Litigants  - The issue of individuals making a ‘career’ of making Employment Tribunal claims and/or financial settlements of those claims has been recently highlighted in the professional media.   Although criticised for it in Parliament, one legal firm has produced a list of so-called ‘serial litigants’ who seem to be making a good living out of such claims/settlements.  Often, these arise from making applications in response to job adverts, which, following a rejection (or no response), it is then claimed are indirectly discriminatory e.g. they ask for a ’recent graduate’.  Many employers have been settling such claims rather than get bogged down in court. Lessons? Make sure you avoid discriminatory advertising and, if faced with such a claim, don’t rush to settle!  Age Discrimination - We think it is fair to say that age discrimination claims have not proved to be as prevalent as expected. However claims from others can affected by high-profile cases which hit the press.   One such example is Miriam O’Reilly, an award-winning journalist, and 3 colleagues who are claiming age discrimination against the BBC after being ‘dropped’ as presenters on the rural affairs programme Country file.   The BBC is defending the claim. Read more at TimesOnline  Smoking ban - It has been reported that as one part of a strategy to halve the number of smokers by 2020, the government is considering extending the workplace smoking ban to workplace entrances.    Enforcement becomes the issue here – how many people do we see still smoking in vans and lorries?    Contact us
                                                            
                                                        
                                                         
                                                            
                                                                Phone John Evans on 07834 895125
                                                            
                                                        
                                                         
                                                            
                                                                E-mail him at john@d3.org.uk
                                                            
                                                        
                                                         
                                                            
                                                                Or go to our website by clicking here.
                                                            
                                                        
                                                    
                                                
                                            

                                             
                                           
 
                                                
 
                                                     
                                                        
                                                    
                                                     
                                                         
                                                            
                                                                greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
                                                            
                                                        
                                                         
                                                            
                                                                For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details. 
                                                            
                                                        
                                                    
                                                
                                            

                                             
                                           
 
                                                
 
                                                     
                                                        
                                                            If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
                                                            D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
                                                            Powered by greenmessage - the environmental communication specialists
                                                        
                                                    
                                                
                                            

                                        
                                    
                                

                            
                        
                    

                
            
        

   
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		</item>
				<item>
			<title>D3 Employee Solutions January Briefing</title>
			<description>D3 Employee Solutions January Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 12th of January 2010 10:00:05 AM</pubdate>
			<subject>D3 Employee Solutions January Briefing</subject>
			<content><![CDATA[
    
        
             
                 
                    
                         
                             
                                 
                                    
                                        Can't read this? Click here to view in your browser
                                    
                                
                                
                                     
                                         
                                            
                                        
                                    
                                
                                 
                                    
                                        Please click here to forward to colleagues who may be interested in this briefing.
                                    
                                
                                 
                                    
                                        Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
                                         
                                        To see previous issues of this briefing, please click here.
                                         
                                        Issue 5 - January 2010
                                    
                                
                                
                                     
                                         
                                            
                                                 
                                                     
                                                         
                                                            
                                                                The D3 Employee Solutions Briefing
                                                            
                                                        
                                                         
                                                            
                                                                Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights. In our first 4 Briefings (see here) we considered:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Those who work for you – are they employees, workers, self-employed or what? 
                                                                
                                                            
                                                             
                                                                
                                                                    Contracts of Employment 
                                                                
                                                            
                                                             
                                                                
                                                                    An employee’s right not to be unfairly dismissed 
                                                                
                                                            
                                                             
                                                                
                                                                    Retirement rights Discrimination in Employment Managing Staff Absence & Time-off 
                                                        
                                                        
                                                         
                                                            
                                                                New in 2010 
                                                            
                                                        
                                                         In this issue, we look forward to changes in employment rights which will or are likely to happen in 2010. Time off for training  As present, employees can request time off for various public and trade union duties; and parents can request parental leave or (as well as carers) various forms of flexible working. From 6 April 2010, employees who have at least 26 weeks’ service in organisations employing more than 250 staff will also have the right to request time off for training. Employers will be able to turn down the request but it is expected that reasons for refusal will be similar to those permitted for refusing flexible working requests  Fit Notes to replace Sick Notes  The current sick note procedure where doctors ‘sign off’ someone as unfit to work will be replaced in Spring 2010 by so-called ‘Fit Notes’.  In these notes GPs will be expected to specify whether an employee is:  Fit for work Not fit for any work,  or Fit for some work. They may also give recommendations on adjustments needed to help the employee return to work, such as altered hours or duties. Employers should remember, however, that GPs rightly act in what they see as their patient’s best interests and they only know the nature of an employee’s duties based either on what their patient tells them and/or their general knowledge; so employers should always bear in mind the option of getting specialist Occupational Health assistance.  See news item opposite for details of ‘fake’ sick notes  Equality Bill  The Equality Bill has passed most of its Parliamentary stages and may receive Royal assent before the forthcoming general election.   Assuming that it is not lost to (or postponed by) that election, the terms of the Bill are likely to start being implemented in October 2010. The new legislation will pull all the current law on discrimination into a single act, consolidating and supposedly simplifying the myriad of Acts and Statutory Instruments we currently have.   Disability discrimination claims should be easier for claimants to prove and there will be the  ability to claim on the basis of perceived and associated disability, not just on the actual disability of the claimant. So-called ‘gagging clauses’ which  prevents employees discussing their pay & benefits will become unenforceable if the employee believes their pay is not equal to their colleagues. Public bodies will be subject to enhanced duties to promote equality and will need to consider socio-economic inequality in the development of their policies.   Default Retirement Age  Following the high profile ‘Heyday’ court case, the Government has brought forward its planned review of the default retirement age (currently 65) to 2010.  This review is likely to have one of two outcomes – either the default age will be increased (which will not remove the basic age-discriminatory impact raised by Heyday); or it will be removed altogether.  If it is the latter, the concept of ‘retirement’ will change forever and it will be left entirely for employees to decide for themselves when to stop working.   We are likely to see more dismissal on grounds of capability as some employees ‘slow down’ with age; and that will create more unfair dismissal and age discrimination claims from older employees.  The review is not expected to be affected by the election (although the actual outcome might change because of it) since the courts declined to award in favour of Heyday on the basis that there will be a review of the retirement age.  Statutory rates  The standard rates of statutory maternity, paternity and adoption pay will increase on 1/4/2010 from £123.06 to £124.08 a week  The standard rate of statutory sick pay will, however,  remain the same at £79.15 a week The maximum weekly pay rate applied to the calculation of statutory redundancy pay and various Employment Tribunal awards is usually increased on 1st February each year.  However, in 21010 it will remain at £380 per week, having been increased ‘early’ in October 2009. Paternity Leave and Pay  Although not strictly a 2010 change, this one will affect employees who become pregnant after around the beginning of July 2010. A mother of a baby born on or after 3 April 2011 will have the option to transfer any unused part of their Additional Maternity Leave (i.e. the second period of six months of their 12-month entitlement) to the person eligible for Paternity Leave in respect of that child.   Since Statutory Maternity Pay is paid for a total of 39 weeks, this means that some of the transferred leave may include a period where the person taking the extra Paternity Leave will become eligible for payment. Organisations will need to update their policies and practice in 2010.   D3 Employee Solutions can, of course, help you: to put the right policies in place - contact us at evans@d3.org.uk or phone 07834 895125 
                                                     
                                                         
                                                            
                                                                About us
                                                            
                                                        
                                                         
                                                            
                                                                D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice.  You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
                                                            
                                                        
                                                         
                                                            
                                                                For more detail about retaining D3 Employee Solutions please go to our website by clicking here.
                                                            
                                                        
                                                         
                                                            
                                                                News Items
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                Training - We have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                We will be running these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Managing Discipline, Grievance & Dismissal – 15th March 2010
                                                            
                                                             
                                                                
                                                                    Managing Absence and Time Off work – 20th March 2010 
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Click here for more details 
                                                            
                                                        
                                                         
                                                            
                                                                A Cautionary Tale – fraud by job applicants - Do you (or your recruitment agents) fully check claims made by applicants e.g. about their qualifications?   Following a reorganisation of Devon Primary Care Trusts, many staff had to reapply for new posts. One, a senior HR Manager, was subsequently investigated and prosecuted. In December, she was found guilty of claiming professional qualification that she did not in fact have and was sentenced to a 6-month suspended sentence, 150 hours Community Service and to pay £9,600 in compensation. As importantly (for her), her career is effectively ruined.  So, this is a reminder for employers that not everyone is truthful when they apply for jobs and for applicants that the consequences of lying can be dire!  Another Cautionary Tale – are sick notes genuine? When researching the item on ‘fit notes’, we came across: www.fakesicknote.com. We have not tried it out, so have no idea if it’s genuine or a complete scam, but under the guise of providing a ‘novelty’ item and with all sorts of legal disclaimers, they claim to provide genuine looking forms to:  “Get extra holidays from your employer much more easily than by making a visit to your doctors.  So let us help you, Have a Day Off, Have A Week Off, Have A Duvet Day, Get More Holidays, Pull a Sickie or Get an extension on a deadline (though we would not advise that you do any of these things!)”  Employers – you have been warned! But for lighter relief see also this. Contact us
                                                            
                                                        
                                                         
                                                            
                                                                Phone John Evans on 07834 895125
                                                            
                                                        
                                                         
                                                            
                                                                E-mail him at john@d3.org.uk
                                                            
                                                        
                                                         
                                                            
                                                                Or go to our website by clicking here.
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                    
                                                     
                                                         
                                                            
                                                                greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
                                                            
                                                        
                                                         
                                                            
                                                                For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details. 
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                            If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
                                                            D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
                                                            Powered by greenmessage - the environmental communication specialists
                                                        
                                                    
                                                
                                            
                                        
                                    
                                
                            
                        
                    
                
            
        
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				<item>
			<title>D3 Employee Solutions December Briefing</title>
			<description>D3 Employee Solutions December Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Tuesday 08th of December 2009 10:00:06 AM</pubdate>
			<subject>D3 Employee Solutions December Briefing</subject>
			<content><![CDATA[
    
        
             
                 
                    
                         
                             
                                 
                                    
                                        Can't read this? Click here to view in your browser
                                    
                                
                                
                                     
                                         
                                            
                                        
                                    
                                
                                 
                                    
                                        Please click here to forward to colleagues who may be interested in this briefing.
                                    
                                
                                 
                                    
                                        Welcome to our monthly Briefing, keeping you and your business up-to date  with the latest developments in employment law & practice.
                                         
                                        To see previous issues of this briefing, please click here.
                                         
                                        Issue 4 - December 2009
                                    
                                
                                
                                     
                                         
                                            
                                                 
                                                     
                                                         
                                                            
                                                                The D3 Employee Solutions Briefing
                                                            
                                                        
                                                         
                                                            
                                                                Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights. In our first 3 Briefings (see here) we considered:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Those who work for you – are they employees, workers, self-employed or what? 
                                                                
                                                            
                                                             
                                                                
                                                                    Contracts of Employment 
                                                                
                                                            
                                                             
                                                                
                                                                    An employee’s right not to be unfairly dismissed 
                                                                
                                                            
                                                             
                                                                
                                                                    Retirement rights Discrimination in Employment 
                                                        
                                                        
                                                         
                                                            
                                                                Managing Staff Absence & Time-off 
                                                            
                                                        
                                                         The three keys to the effective management of staff attendance are:  1.    To understand:  The circumstances in which you must give time off because employees have the statutory right to that time off Those areas where you have made the right to time off a contractual one  Those areas where you retain discretion over whether to grant time off 2.    To have clear contractual terms and policies  3.    To have management practices and procedures to implement those terms and policies  Statutory Rights to time off  Employers need to know: the extent of the time off that must be granted; the circumstances in which they can refuse, postpone or limit the time off and whether the right is to paid or unpaid time off. They must also decide whether to top-up the minimum time off provisions (either contractually or with management discretion) and whether to make payments when the right is to unpaid time off.  In deciding these things it is important to know the precise terms of the statutory right and the exceptions. Is the employee being paid by someone else e.g. some public duties are purely voluntary while others attract a fee. It is also important to know what is not provided for by statute e.g. there are no statutory rights to time off for dealing with a domestic emergency (unless it directly involves a dependant), nor to time off to attend the funeral of someone other than a dependant.  It is better to have a policy which deals with all these things than to respond on an ad hoc basis.  Such policies should make the ‘rules’ clear e.g. not only should it state how much holiday is due, but when it may/may not be taken, how it should be requested and cover such things as carry over from one year to the next.  There are 3 main categories of statutory right to time away from work:   Under the Working Time Regulations Relating to Maternity, Parenthood and Caring Public and representative duties     ‘Rest’ between 2 working days ‘Rest’ between 2 working weeks ‘Rest’ during the working day Paid Holidays  Ante-natal care Maternity leave Paternity Leave Adoption Leave Parental Leave Suspension on maternity or medical grounds ‘Emergencies’ involving a ‘dependant’  Jury service Public duties (e.g. magistrate, local councillor) Trade union duties and activities Safety representative duties Employee representative duties Failure to honour these rights or imposing a detriment on employees for seeking to exercise them can lead to claims at an Employment Tribunal and in some cases to prosecution (e.g. it is a contempt of court not to release someone for jury service)  There are some ‘public’ duties which do not attract an automatic right to time off but which employers often support. Members of the TA and Reserve Forces are often given additional paid leave to undertake training; but there is no statutory obligation on employers to provide this. However employers must release those called up on active service and keep their position open for them, although employees and employers can request postponement or suspension of a call-up.   Contractual and Discretionary Rights to time off Often the statutory rights will also be enshrined in contract and may be enhanced by contractual or discretionary terms.  The prime example is holidays where employers grant more leave than the minimum, either to all employees or where holidays increase with service.    However, contracts and policies also provide rights which are additional to statutory rights. The prime one here is to sick leave. There is no statutory right to time off due to sickness and certainly nothing to say that employers must pay people their normal wages. Indeed, one of the potentially fair reasons for dismissal is incapability due to sickness, although employers should only rely on this after repeated and/or long term absence, must beware of discriminating against disabled employees and must of course pay Statutory Sick Pay when due.  Again, clear contractual terms and policies which cover the entitlement, the restrictions an the procedure are vital  Management Practice and Procedure Experience shows that taking a proactive approach to managing absence pays dividends.  This is best illustrated in relation to sickness absence.  Clearly employers do not want a person who is genuinely ill to be at work.  However, many period of ‘sickness absence’ are either not really justified or are longer than they need be.  Employers can significantly reduce the level of absence by:  Implementing clear rules for the notification and certification of sick leave Keeping in touch with those ‘off sick’ Having positive back-to-work processes e.g. interviews with managers Involving occupational health practitioners to speed up a return to work Finding alternative work that absent employees could do  Making adjustments that would allow someone to attend work – e.g. if someone can't drive to work; why not make arrangement to pick them up? Keeping good records and using these to understand the most significant causes of absence, to spot unlikely patterns and for instituting trigger points for formal reviews Adopting reasonable, but no over-generous sick pay entitlements, with discretion in deserving cases Adopting preventative and health-promotion approaches e.g. having effective manual handling training to prevent injury; giving paid time off for health screening etc.  D3 Employee Solutions can, of course, help you: to put the right policies in place - contact us at evans@d3.org.uk or phone 07834 895125 
                                                     
                                                         
                                                            
                                                                About us
                                                            
                                                        
                                                         
                                                            
                                                                D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice.  You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
                                                            
                                                        
                                                         
                                                            
                                                                For more detail about retaining D3 Employee Solutions please go to our website by clicking here.
                                                            
                                                        
                                                         
                                                            
                                                                News Items
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                Training - We have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                We will be running these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Managing Discipline, Grievance & Dismissal – 15th March 2010
                                                            
                                                             
                                                                
                                                                    Managing Absence and Time Off work – 20th March 2010 
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Click here for more details 
                                                            
                                                        
                                                         
                                                            
                                                                Sickness Absence Rates  - Do you know how much time do your employees have off sick each year?  Various studies show that the ‘average’ is around 8 days per person which represents 3.5% of a standard working year.    Because this is an average some employers will be ‘suffering’ to a far greater extent and could achieve significant productivity gains by taking action even to move towards the average, let alone matching the results of the most successful employers.  The traditional ‘sick note’ is likely to be replaced in the Spring of 2010 with the so-called ‘fit note’.  It remains to be seen how employers can use this as part of a strategy to reduce absence rates  Disability Discrimination  – The Disability Discrimination Act, as originally drafted , prohibits discrimination in all its forms on the grounds of a person’s disability i.e. only a disabled person can make a claim.   This is in contrast to other discrimination law which allows for so-called ‘associative discrimination’. The seminal case here is where a white British woman successfully claimed racial discrimination after she was dismissed by her white British employers for refusing to implement practices which explicitly discriminated against black and Asian applicants.   However, after a long running case the Employment Appeal Tribunal has effectively amended the law such that a person can make a claim for direct discrimination or harassment on the grounds of another person’s disability. So a carer will be protected.    Contact us
                                                            
                                                        
                                                         
                                                            
                                                                Phone John Evans on 07834 895125
                                                            
                                                        
                                                         
                                                            
                                                                E-mail him at john@d3.org.uk
                                                            
                                                        
                                                         
                                                            
                                                                Or go to our website by clicking here.
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                    
                                                     
                                                         
                                                            
                                                                greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
                                                            
                                                        
                                                         
                                                            
                                                                For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details. 
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                            If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
                                                            D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
                                                            Powered by greenmessage - the environmental communication specialists
                                                        
                                                    
                                                
                                            
                                        
                                    
                                
                            
                        
                    
                
            
        
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		</item>
				<item>
			<title>D3 Employee Solutions November Briefing</title>
			<description>D3 Employee Solutions November Briefing</description>
			<author>gmessage-admin</author>
			<pubdate>Thursday 12th of November 2009 10:00:04 AM</pubdate>
			<subject>D3 Employee Solutions November Briefing</subject>
			<content><![CDATA[
    
        
             
                 
                    
                         
                             
                                 
                                    
                                        Can't read this? Click here to view in your browser
                                    
                                
                                
                                     
                                         
                                            
                                        
                                    
                                
                                 
                                    
                                        Please click here to forward to colleagues who may be interested in this briefing.
                                    
                                
                                 
                                    
                                        Welcome to our monthly Briefing, keeping you and your business up-to date with the latest developments in employment law & practice.
                                         
                                        To see previous issues of this briefing, please click here.
                                         
                                        Issue 3 - November 2009
                                    
                                
                                
                                     
                                         
                                            
                                                 
                                                     
                                                         
                                                            
                                                                The D3 Employee Solutions Briefing
                                                            
                                                        
                                                         
                                                            
                                                                Our monthly Briefings aim to build employers’ awareness and understanding of the myriad of employee rights. In our first 2 Briefings (see here) we considered:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Those who work for you – are they employees, workers, self-employed or what? 
                                                                
                                                            
                                                             
                                                                
                                                                    Contracts of Employment 
                                                                
                                                            
                                                             
                                                                
                                                                    An employee’s right not to be unfairly dismissed 
                                                                
                                                            
                                                             
                                                                
                                                                    Retirement rights
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                This month we look at the issues of Discrimination in employment
                                                            
                                                        
                                                         
                                                            
                                                                Discrimination in Employment
                                                            
                                                        
                                                         
                                                            
                                                            
                                                                This is a huge topic and we can only cover the bare bones here. But it is vital that employers have an understanding of how the laws affect them, if only because compensation awards in Employment Tribunals are unlimited.
                                                            
                                                        
                                                         
                                                            
                                                                There are some minor differences of definition (to be largely removed by the new Equality Bill), but essentially there are five types of discrimination covering six ‘protected categories’ 
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Protected Categories
                                                                
                                                            
                                                             
                                                                 
                                                                    Race
                                                                
                                                                 
                                                                    Includes race, nationality, racial origin, national origin, ethnic origin 
                                                                
                                                            
                                                             
                                                                 
                                                                    Sex
                                                                
                                                                 
                                                                    Includes gender, marital/civil-partnership status. Transsexuals & those undergoing gender reassignment also protected 
                                                                
                                                            
                                                             
                                                                 
                                                                    Disability
                                                                
                                                                 
                                                                    Covers workers who have a physical or mental impairment that has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities – even if correction/treatment means that they can function ‘normally’ e.g. a person who has a hearing impairment is still ‘disabled’ even if their hearing is fully corrected by hearing aids 
                                                                
                                                            
                                                             
                                                                 
                                                                    Age
                                                                
                                                                 
                                                                    Includes actual age, age group and apparent age
                                                                
                                                            
                                                             
                                                                 
                                                                    Sexual Orientation
                                                                
                                                                 
                                                                    Covers orientation towards persons of the same sex, opposite sex or both genders – NOT to sexual practices 
                                                                
                                                            
                                                             
                                                                 
                                                                    Religion or belief
                                                                
                                                                 
                                                                    Includes ‘religion, religious belief or similar philosophical belief’. What counts as the latter is open to debate, but you may have noticed in the press that the Employment Appeal Tribunal (EAT) has said that belief in so-called ‘green’ issues can count. 
                                                                
                                                            
                                                             
                                                                
                                                                    Types of discrimination
                                                                
                                                            
                                                             
                                                                 
                                                                    Direct
                                                                
                                                                 
                                                                     
                                                                        
                                                                            Treating someone less favourably on the grounds of one of the protected categories. Therefore, you cannot directly discriminate against someone because of, for example, their own race or because of their association with someone of a particular race.
                                                                        
                                                                    
                                                                     
                                                                        
                                                                        
                                                                            It is the employer’s treatment that is relevant, not their intention i.e. (s)he may not intend to discriminate, but this is no defence. Indeed once established, there is no defence to direct discrimination! If a claimant can show a Tribunal a prima facie case, then the only defence is for the employer to prove that the less favourable treatment was on other grounds e.g. the employee’s conduct or capability, not his/her race etc.
                                                                        
                                                                    
                                                                     
                                                                        
                                                                            There is an exception in that direct age discrimination can be ‘objectively justified’ although this will be rare. In addition (but also quite rare), there are some jobs which can be reserved for members of a particular protected group.
                                                                        
                                                                    
                                                                
                                                            
                                                             
                                                                 
                                                                    Indirect
                                                                
                                                                 
                                                                     
                                                                        
                                                                            Applying a ‘provision, criteria or practice’ to everyone, but it is one which puts someone in one of the protected categories at a  particular disadvantage. For example a recruitment criterion that someone must be at least 1.7m tall would exclude a larger proportion of women than men. A woman under 1.7m tall could claim indirect discrimination if excluded from consideration on the basis of her height. 
                                                                        
                                                                    
                                                                     
                                                                        
                                                                            Unlike direct discrimination, it is open to an employer to justify indirect discrimination by showing that the ‘provision, criteria or practice’ is a legitimate and proportionate one. There is an exception in that direct age discrimination can be ‘objectively justified’ although this will be rare. In addition (but also quite rare), there are some jobs which can be reserved for members of a particular protected group.
                                                                        
                                                                    
                                                                
                                                            
                                                             
                                                                 
                                                                    Harassment
                                                                
                                                                 
                                                                     
                                                                        
                                                                            This is subjecting someone, on the grounds of one of the protected categories, to an intimidating, hostile, degrading, humiliating or offensive environment, or violating their dignity.  This is not bullying per se, since the treatment must be, for example, on the grounds of sexual orientation.
                                                                        
                                                                    
                                                                     
                                                                        
                                                                            As with direct discrimination, it is the impact on the individual that is relevant, not the intention of the ‘harasser’. 
                                                                        
                                                                    
                                                                
                                                            
                                                             
                                                                 
                                                                    Victimisation
                                                                
                                                                 
                                                                     
                                                                        
                                                                            Subjecting someone to less favourable treatment because they have exercised (or propose to exercise) their rights under the various anti-discrimination legislation; or because they have supported another person in so doing. This would, for example, include raising a grievance that they have been harassed or submitted a Tribunal claim. It would also include not appointing someone to a job because they have taken their previous employer to Tribunal
                                                                        
                                                                    
                                                                
                                                            
                                                             
                                                                 
                                                                    Failure to make reasonable adjustments
                                                                
                                                                 
                                                                     
                                                                        
                                                                        
                                                                            Applies to disability discrimination only. An employer is under a duty to make adjustments to help a disabled person overcome the adverse impact of their disability where those adjustments are reasonable (e.g. in relation to cost-benefit) and where the adjustment could reasonably be expected to make a difference.
                                                                        
                                                                    
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Who is protected?
                                                            
                                                        
                                                         
                                                            
                                                                In an employment context, the following have protection from all forms of discrimination:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Job applicants – i.e. job advertisements, application forms & selection methods must not directly or (unjustifiably )indirectly discriminate
                                                                
                                                            
                                                             
                                                                
                                                                    Employees & apprentices – in relation to terms & conditions of employment, access to training, promotion, dismissal (including selection for redundancy) and treatment 
                                                                
                                                            
                                                             
                                                                
                                                                    Other workers – in relation to selection & treatment 
                                                                
                                                            
                                                             
                                                                
                                                                    Trainees – in relation to selection and access to training and in treatment 
                                                                
                                                            
                                                             
                                                                
                                                                    Crown employees, police and  members of the forces – as per employees 
                                                                
                                                            
                                                             
                                                                
                                                                    Partners/prospective partners  – in relation to selection, terms, treatment and expulsion Job applicants – i.e. job advertisements, application forms & selection methods must not directly or (unjustifiably )indirectly discriminate
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Complaints
                                                            
                                                        
                                                         
                                                            
                                                                Complaints of discrimination must be presented to an Employment Tribunal within three months of the act complained, although Tribunals can extend this time limit where it just and equitable to do so.  However, employers must beware of the concept of a ‘continuing act’ e.g. an employee may complain  following what might be, in itself, a relatively minor discriminatory act, but can include in their complaint other discriminatory acts from the past where, taken together they represent sustained discrimination.
                                                            
                                                        
                                                         
                                                            
                                                                Complaints can be against named individuals as well as against an organisation, but employers are normally held to be vicariously liable for the acts of their employees.  This means therefore that, for example, an individual may claim harassment by immediate colleagues and not necessarily their manager/employer, yet the employer will still be liable if they have unreasonably failed to protect the individual from that harassment.
                                                            
                                                        
                                                         
                                                            
                                                                Other forms of ‘discrimination’
                                                            
                                                        
                                                         
                                                            
                                                                The two other main areas where employers must not ‘discriminate’ are:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    They must ensure equal pay between men and women – for work which is the substantially the  same; for work which is rated as equivalent in a non-discriminatory job evaluation scheme; or for work which is of equal value (i.e. would be equivalent if it were evaluated)
                                                                
                                                            
                                                             
                                                                
                                                                    They must not discriminate against part-time workers in relation to terms and conditions of employment; and it would be automatically unfair to dismiss (or select for redundancy) a part-time worker because they have sought to exercise their rights to equal treatment in this regard.Employees & apprentices – in relation to terms & conditions of employment, access to training, promotion, dismissal (including selection for redundancy) and treatment 
                                                                
                                                            
                                                        
                                                          
                                                            
                                                                Next Briefing
                                                            
                                                        
                                                         
                                                            
                                                                In next month’s Briefing, we will look at Managing Absence & Time Off.
                                                            
                                                        
                                                    
                                                     
                                                         
                                                            
                                                                About us
                                                            
                                                        
                                                         
                                                            
                                                                D3 Employee Solutions provides specialist employment relations advice to employers, particularly small and medium-sized organisations who don’t have in-house HR advice.  You can retain our service for a small monthly fee and use us as often as you need or contact us on an ad hoc basis.
                                                            
                                                        
                                                         
                                                            
                                                                For more detail about retaining D3 Employee Solutions please go to our website by clicking here.
                                                            
                                                        
                                                         
                                                            
                                                                News Items
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                Training - We have joined forces with The Way Ahead training organisation to offer two courses aimed at managers/owners and HR Officers.
                                                            
                                                        
                                                         
                                                            
                                                        
                                                         
                                                            
                                                                We will be running these at Basepoint Business Centre, Bournemouth, but can also organise an in-house version if required:
                                                            
                                                        
                                                        
                                                             
                                                                
                                                                    Managing Discipline, Grievance & Dismissal – 4th December 2009 
                                                                
                                                            
                                                             
                                                                
                                                                    Managing Absence and Time Off work – 9th December 2009 
                                                                
                                                            
                                                        
                                                         
                                                            
                                                                Click here for more details 
                                                            
                                                        
                                                         
                                                            
                                                                Paternity Leave - Draft regulations have been issued (likely to come into effect in April 2011) to increase Paternity Leave entitlement from 2 weeks to up to 26 weeks.  
                                                            
                                                        
                                                         
                                                            
                                                                This entitlement will be taken from the balance of the mother’s 52 weeks’ maternity leave entitlement not actually taken i.e. mother and partner cannot BOTH take the leave in respect of the same child.
                                                            
                                                        
                                                         
                                                            
                                                                The acquired Paternity Leave will be paid at the standard rate of maternity pay but only for the balance of the 39 weeks’  maternity pay not taken by the mother who has returned to work.  This entitlement will be taken from the balance of the mother’s 52 weeks’ maternity leave entitlement not actually taken i.e. mother and partner cannot BOTH take the leave in respect of the same child.
                                                            
                                                        
                                                         
                                                            
                                                                There will clearly be administrative headaches for employers, particularly when mother and partner work for different employers. 
                                                            
                                                        
                                                         
                                                            
                                                                Use of agency staff – between now and 2011 employers will be reviewing the extent to which they will continue to use agency ‘temps’.There will clearly be administrative headaches for employers, particularly when mother and partner work for different employers. 
                                                            
                                                        
                                                         
                                                            
                                                                The government has just published final consultation about implementation of the EC Agency Workers Directive which aims to provide that an agency worker is entitled to the same ‘basic working and employment conditions’ as if (s)he had been recruited by the hirer directly.
                                                            
                                                        
                                                         
                                                            
                                                                The entitlements will be restricted in some regards, but the new regulations could have a significant impact on the practice of using agency ‘temps’.
                                                            
                                                        
                                                         
                                                            
                                                                Contact us
                                                            
                                                        
                                                         
                                                            
                                                                Phone John Evans on 07834 895125
                                                            
                                                        
                                                         
                                                            
                                                                E-mail him at john@d3.org.uk
                                                            
                                                        
                                                         
                                                            
                                                                Or go to our website by clicking here.
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                    
                                                     
                                                         
                                                            
                                                                greenmessage provide professionally designed and fully managed e-newsletters at competitive rates. Your company may also be eligible for a grant of up to £1,000 from the government backed initiative "Train to Gain", towards your marketing programme.
                                                            
                                                        
                                                         
                                                            
                                                                For more information on greenmessage, go to www.greenmessage.co.uk or click here for contact details. 
                                                            
                                                        
                                                    
                                                
                                            
                                             
                                            
                                                 
                                                     
                                                        
                                                            If you do not wish to receive further briefings from D3 Employee Solutions, please click here to unsubscribe. 
                                                            D3 Employee Solutions | www.d3employeesolutions.co.uk | john@d3.org.uk | 07834 895125 
                                                            Powered by greenmessage - the environmental communication specialists
                                                        
                                                    
                                                
                                            
                                        
                                    
                                
                            
                        
                    
                
            
        
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