Age Positive, the website run by the Department for Work and Pensions, has compiled 20 key facts that businesses need to know about age legislation.

They remind employers that the age regulations are due to come into force on 1 October 2006, covering employment and vocational training as well as trade unions and professional organisations. Under these regulations, the upper age limits for unfair dismissal and redundancy will be removed. And a national default retirement age of 65 will be introduced making compulsory retirement below that age unlawful (unless objectively justified).

 

Apprentice Deal

A new guide from the TUC aims to help apprentices get a better deal at work. Your Rights As An Apprentice provides information about terms and conditions, rights at work and pay.

The TUC is concerned that young people seem to be moving into "gender-specific" sectors, as the survey also reveals that women apprentices are already earning £40 a week less than the men.

Many apprentices leave to find better-paid jobs before finishing their course. The TUC has evidence of some apprentices being paid well below the required £80 a week. The guide gives young people access to union support and the information they need to ensure that they are not exploited by a small minority of unscrupulous employers.

Go to the TUC website to download the new leaflet as a PDF file, or order it on 0870 600 4882. divider rule

 

Sexual orientation guide

ACAS has produced a new guide about sexual orientation and the workplace.

The booklet provides an overview of the 2003 Employment Equality (Sexual Orientation) Regulations and provides guidance on good employment practice. It also takes account of the Civil Partnership Act (in force from 5 December 2005) and the necessary amendments to the 2003 regulations.

Go to the ACAS website for a copy (PDF file). divider rule

 

Pay chequer

According to a recent survey, one in four women is unhappy with their pay compared to one in five men. Nearly 4,000 people responded to the survey run by PayWizard, an online salary checker.

But although women were more likely to be fed up with their pay, they were less likely than men to have raised the issue with their boss. Just under two-fifths of the female survey respondents had discussed pay with their manager in the past year, compared to just under half the men questioned.

PayWizard was launched by the TUC and Incomes Data Services at the beginning of the year. It only takes a minute to check your salary against that of people doing similar jobs in different parts of the UK. 

Key Statistics

  • 48% of employees were not satisfied with their pay
  • 28% of female employees, compared to 20% of male workers, stated that they were highly dissatisfied with their pay
  • 39% of women workers said that they had discussed their pay with their manager in the last year compared to 44% of men
  • 35% of women asked for a pay rise compared to 40% of men.

 

Equal pay, for free

With funding from the Department of Trade and Industry, the TUC has set up a panel of experts to give free expert advice to UK organisations on how to conduct equal pay reviews, in partnership with unions.

Evidence shows that when employers reward their employees fairly, they recruit and retain high calibre staff.

The TUC Equal Pay Panel of experts is made up of renowned and respected practitioners. The experts provide a free tailormade three-hour session for unions and employers to explore issues such as assessing the readiness of the organisation to carry out an equal pay review.

 

Ainsworth goes to Lords

Under the Working Time Regulations 1998, workers are entitled to four weeks' paid annual leave. But what happens when someone has been off work on sick leave for any period of time - are they still entitled to holiday pay?

This is the question that Thompsons, acting on behalf of PCS, put to the Court of Appeal a few months ago in Commissioners of Inland Revenue v Ainsworth and ors (LELR 101). Unfortunately, it said that workers cannot claim holiday pay when their entitlement to sick leave has run out.

Thompsons has now won the right to appeal against this decision to the highest court in the land - the House of Lords. The case will be heard some time next year and will have significant implications for all workers and their trade unions.

 

More family friendly laws

In an effort to create more flexibility at work, the Government has announced new measures which it says will help all working families balance busy home and work lives.

According to the Trade and Industry Secretary, Alan Johnson, the Work and Families Bill will create a modern framework of employment rights and responsibilities for employers and employees.

New measures include:

  • extending statutory maternity pay to nine months from April 2007, and then to a year by the end of the Parliament
  • a power to introduce new paternity leave for fathers, so that they can get leave and statutory pay if the mother returns to work after six months, but before the end of her maternity leave period
  • extending the right to request flexible working to carers from April 2007
  • introducing "keeping in touch" days so that women on maternity leave can go into work for a few days, without losing their right to maternity leave or statutory pay
  • extending the period of notice for return from maternity leave to two months
  • making clear in the regulations that employers can make reasonable contact with their employees on maternity leave.

 

Rolled up holiday pay

Following the referral of three UK cases about rolled-up holiday pay to the European Court of Justice, the Advocate General has now given his opinion.

Although not binding on the court, it is nearly always accepted by the Judges.

His view is that these arrangements can be lawful, as long as there is some other system in place that ensures that workers take the minimum amount of annual leave to which they are entitled.

The claimants in the three cases - Caulfield and ors v Marshalls Clay Products Ltd; Clarke v Frank Staddon Ltd; Robinson Steele v Retail Services Ltd - argued that the legislation requires payment to be made during the time the worker is actually on holiday.

Otherwise it constitutes a payment in lieu, which is contrary to the directive. They also argued that the rolled up system discouraged workers from taking their leave.

Since workers earn more when they work every week, this is a real incentive for low paid workers in particular not to take any leave.

The employers said, however, that there was nothing in the directive to say that payment for annual leave should be made in a particular way or at a particular time.

 

DDA Orders

A number of changes to the Disability Discrimination Act came into force on 5 December, as a result of an order made by the Government in October.

One of the most significant changes has been the amendment of the definition of "disability" under the Act. This brings HIV, MS and certain forms of cancer within the scope of the Act.

In addition, the requirement that mental illnesses be "clinically well-recognised" has been removed, making it easier for people with mental impairments to bring claims.

And finally, the amendments introduced a positive duty on public authorities to have due regard to the need to eliminate harassment of, and unlawful discrimination against, the disabled.