Business Secretary, Vince Cable, announces proposed changes to Employment Legislation

Yesterday, the Business Secretary, Vince Cable announced important changes to Employment Legislation.  As had been widely predicted, The Government confirmed that from April 2012 the qualification period for unfair dismissal will be increased from one year to two.

The announcement also confirmed changes to the Employment Tribunal system.  It is expected that anyone wanting to bring a claim via an Employment Tribunal will have to lodge a fee when registering their claim, then pay a second fee to take the claim to hearing.  Also under the proposed changes, all employment disputes would be required to go to Acas for mediation before proceeding to a tribunal.  These proposals are expected to ensure claimants "consider seriously the validity of their claim" before proceeding.

Significant changes are also proposed regarding the dismissal process in micro-businesses (those organisations with less than 10 employees).  Cable said "Many employers still feel that employment law is a barrier to growing their business.  We're knocking down that barrier today - getting the state out of the way, making it easier for businesses to take on staff and improving the process for when staff have to be let go"

However, Cable also stressed the following by saying "Let me be clear: we are not rebalancing employment law simply in the direction of employers.  Our proposals strike an appropriate balance and we are keeping the necessary protections already in place to protect employees.  Our proposals are not - emphatically not - an attempt to give businesses an easy ride at the expense of their staff."  Cable went on to say "We know that disputes at work cost time and money, reduce productivity and can distract employers from the day-to-day running of their business.  Tribunals should be a last resort for workplace problems, which is why we want disputes to be solved in other ways".  Amen to that last paragraph! 

With apologies to Employment Lawyers everywhere but I have seen the impact Employment Tribunals have on individuals and businesses alike and I agree wholeheartedly that disputes should be resolved without recourse to a Tribunal.  Having in place effective and positive HR processes is the first step to making sure this happens.

The Festive Season is fast approaching - are you ready!?

Are you having a Staff Christmas Party this year? -  If so, this is the time of year when HR are traditionally bombarded with questions about it. Many companies find this a minefield and worry about breaching numerous employment laws around this time. It's true, the staff Christmas party can be fraught with difficulties but, as always, my advice is to apply a little common sense.

• Christmas is a religious festival (although in these days of commercialism this is sometimes forgotten!). However, the staff Christmas party is generally seen as a way of thanking staff for their hard work and commitment rather than as a religious celebration. If you make this clear in communications about your party you should not offend non-Christian employees.
• Be mindful of staff who do not drink alcohol, either by choice or religion, and select the venue/theme for your party carefully in accordance with your workforce. Make sure non-alcoholic drinks are available.
• There is no doubt that alcohol can play a part in unwanted behaviour which could be deemed as harassment or discrimination. Ask someone responsible not to drink alcohol at the party so they can monitor, and deal with, inappropriate behaviour if necessary.
• Make sure that different dietary requirements are catered for, whether on the grounds of preference or religion.
• Think about the timing of your party - does it discriminate against particular groups, eg Orthodox Jews who have to be home an hour before dusk on a Friday for the start of their Sabbath.
• Your chosen venue should have adequate health & safety procedures in place but it is wise to check this yourself ahead of the event.
• Make sure physical assistance or adjustments are in place for disabled staff.
• Finally, remind your staff that they will be representing the company when at the party and therefore your policies still apply with regard to appropriate behaviour and what will, and won't, be tolerated.

You need to get these messages across to staff in a positive way so everyone has an enjoyable event but you ensure you are complying with employment legislation and your Company is covered in the event of things getting out of hand!

Happy party season everyone.