Ask an Ealing Expert - Louise Taft of JR Jones Solicitors

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A verdict on some Employment cases hitting the headlines

This month our resident expert, Employment lawyer Louise Taft, gives her verdict on some recent Employment law cases that have hit the headlines...

More than 90 per cent of UK businesses not complying with the Disability Discrimination Act

More than 90 per cent of UK employers may be putting themselves at risk under disability discrimination laws, according to figures released by Employers' Forum on Disability. The Employers' Forum Disability Standard 2007 survey of UK businesses found that only 8 per cent have an effective reasonable adjustment policy in place.

The Disability Discrimination Act requires employers to consider whether reasonable adjustments can help disabled employees or job applicants by removing or reducing obstacles caused by the disability. This could be as simple as ensuring a wheelchair user works from a ground floor office or allowing reduced hours to ease a return from long term sick leave.

All employers should have an equal opportunities policy in place, which should deal with reasonable adjustments. Adjustments don’t have to cost anything, and when they do help is often available from Access to Work, a scheme run by Jobcentreplus.

Huge damages expected for pregnant employee

A woman is claiming £200,000 after an Employment Tribunal found that her boss had discriminated against her after she became pregnant. The boss had asked her if she had any intention of starting a family at her interview. When she became pregnant but told him she intended returning to work after maternity leave, the boss replied: "I can't do without a sales director for 18 months - and you'll never be the same again." He even wrote on an appraisal form that her pregnancy, “has quite naturally had an adverse effect on her ability."

This is a lesson on how not to handle pregnant employees! Pregnant women and those on maternity leave have the right not to be treated any differently than they would be otherwise. They also have other rights, such as to a risk assessment and to time off to attend ante natal appointments. Remember also that employees on maternity leave should still be considered for pay rises and that they continue to accrue holiday during their absence.

Minimum Wage Crackdown

The Government has announced a range of new powers to enforce the minimum wage, including potentially unlimited penalties for the most serious offenders and stronger powers for inspectors to investigate evidence of wrong-doing.

You might also have seen the multi-lingual advertising campaign aimed at low paid workers, informing them of their rights.

Employers must be careful to keep up to date with the minimum wage rates, which increase every October or face increasingly serious penalties.

The minimum wage is currently £5.52 for those 22 and over, £4.60 for workers aged 18-21 and £3.40 for 16 and 17 year olds.

Tougher Penalties for Illegal Employment

There is a further crackdown on employers hiring illegal labour.

Under the new system of civil penalties, employers found to have inadvertently hired immigrants who do not have the legal right to work in the UK could face a fine of £10,000 for each illegal worker.

Those employers found to have knowingly hired illegal workers face even stiffer penalties: they could incur an unlimited fine and be sent to prison.

 

February 28, 2008