Reports

The Holmes & Hills Employment Law Seminar 19th June 2008
Presented by Mr David Dixie.

Guest Speakers were Miss Sarah Stanzell and Mr Melvyn Harris, Barristers of 7 New Square Cambers, London,

The Seminar took place in the conference facility at Holmes & Hills Halstead on Thursday the 19th June last.

This Seminar is one of an ongoing programme of such presentations designed to ensure that the Clients of Holmes & Hills are kept fully updated on important areas of law that relate to their business and the legal framework in which we all operate.

The first area covered was that involving the documents relate to employment, specifically the Contract of Employment, documents relating to policies such as equality and discrimination and the employees handbook.

This Contract formalises the relationship between employer and employee. If such a contract is not provided then the Law will imply certain contractual conditions and the Common Law may be available for the employee to use to resolve issued that the employer has failed to clarify.

Terms of the Contract cannot be unilaterally varied by the employer unless specified in the contract. Even if they are specified, they may be challenged if they are 'unreasonable' in their nature.

An example of the pitfalls of not ensuring a properly drafted contract is where no mobility clause exists (one that permits the employer to change the locations of the employees workplace) an employee may be able to bring a claim of redundancy.

Periods of notice and PILON (Pay In Lieu Of Notice) as well as holiday pay were also examined.

Sarah Stanzel then addressed the issue of Dispute Resolution, although she did refer the audience to the ongoing process running up to April 2009 when new regulations are likely to come into force. As part of this process the ATCU have been consulted by Government and will be offering our thoughts and suggestions.

Sarah took the seminar through the points of the Employment Act 2002, the Dispute Resolution Regulations 2004 and the Dispute Resolution Regulation (Statutory Instrument 752) that have particular importance to us all as employees. This was all very interesting, particularly the fact that employers who fail to follow the Law make their position not only diffult to defend, but also leave themselves open to more hefty compensation awards.

An examination of schedule 3 of the 2002 Act followed dealing with discrimination. This far reaching area of Law is one that employers should fear and Trade Unions should focus on!

The general requirements of the 2002 Act are that no unreasonable delay should take place. That meetings should take place at reasonable time. That debate should be free and fair with the right to be accompanied respected.

The 2009 Act will abolish the concept of automatically unfair dismissals and a failure to follow the code will bring a 25 0ncrease in compensation.

Melvyn Harris then brought the issue of Age Discrimination into sharp focus by highlighting the minefield that the Employment Equality (Age) Regulations 2006 represent to the employer.

It is normally thought that these regulations are in place to protect our older colleagues.. this is simply not the case as they apply equally to all age groups. It is just as illegal to discriminate against teens, 20's, 30's etc as it is against older workers.

The implications and opportunities for the employer to trip up are many and varied and could be argued to include dates of school attendance (as they reveal age!).

The discrimination legislation all the way up to 6 months before the retirement age of 65 (or lower if accepted within your industry).

Few defences exist and none appear to affect our industry. One example given was that of an actor wishing to play Gandalf from Lord of the Rings, where it would be possible to discriminate against a 19year (although even this might have a weakness at law).

Both direct and indirect discrimination were covered and examples giver that could give rise to action to protect colleagues in the workplace. Employers would indeed be wise to pay for some Diversity Awareness training for those who interview!

The two hours spent attending this event were a sound investment of time and of considerable value in gaining expertise, knowledge and contacts in the legal world. ATCU Members will be pleased to note that our Solicitors provide this service to its clients at no charge.


Steve Trumm
Eastern Region and Underground