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Last Updated: Thursday, 4 March, 2004, 08:21 GMT
The employment rights minefield
By Will Smale
BBC News Online Business Reporter

Minefield
You have to watch your step with employment law
To say employment rights legislation has become something of a minefield over the last decade or so is probably a bit of an understatement.

Many people running small firms would no doubt add that the minefield was also covered in barbed wire, thick with mud, and they were being liberally fired upon by merciless bureaucrats, while having to walk uphill.

And if they wanted protection from all the new rules and regulations forever raining down, their lawyer would charge them a fortune to lend them a tin hat.

Yet, despite the moans and groans, few people would ultimately argue against the need for employment rights.

Perpetual

Without it, you might still have some workers doing an 80-hour day, mining asbestos with their bare hands, while forced to smoke, and being paid in tokens that only worked at the company shop.

Are you entitled to:
More money?
Longer holidays?
Better job security?

That is obviously a bit of an exaggeration, but advances in employment rights have no doubt improved working conditions in the UK.

The problem today - recognised by both employers, employees and even employment rights lawyers - is that the growing mountain of never-ending new rules and regulations has made things very complicated.

And with yet more new legislation to follow in the future, there will only ever be more not less.

The advice of employment rights professionals to both bosses and workers is simple: Talk.

It may just be common sense, but open and friendly communication is simply quicker, easier and a lot cheaper than litigation.

Disciplinary issues

And it works.

Of the 95,856 cases that went to employment relations service Acas last year, 77% were either settled or withdrawn after consultation.

Stressed out
Don't get stressed about workplace injustice - seek advice

This is also just the tip of the iceberg.

The agency's 100 advisers gave advice and guidance to 800,000 callers last year.

Of these calls, 43% came from employers, 35% from employees.

The rest came from other bodies such as Citizens Advice Bureaux and even general practice law firms, the later indicating just how complicated employment law can be even for those in the legal profession.

The main issues its advisers dealt with were discipline and dismissal.

"These are always the highest percentage of calls on a day to day basis," Jane Bird, head of advising services at Acas, said

Religion

Another bog issue is holiday entitlements, said Ms Bird.

It is very challenging for a small company to have to deal with all the new rules and legislation that keeps being distilled and cascaded down upon them
Employment rights lawyer Rachel Dineley

"With more and more people working atypical hours, there is growing confusion about what holiday times they are entitled too," she said.

"This - and the questions of maternity and paternity leave and flexible working hours - is quite a hot issue in light of the work/life balance initiative.

"The other growing area of concern is discrimination, both the old issues of sex, race and disability, and the new ones of sexuality and belief."

Rachel Dineley, partner and head of the employment department at the London office of law firm Beachcroft Wansbroughs, said ever-increasing complexity of employment rights legislation is a big problem for small firms.

Language

"There is just so much more for them to contend with, and it is very challenging for a small company to have to deal with all the new rules and legislation that keeps being distilled and cascaded down upon them," she said.

"They must take time to stop and read all the new developments when they'd rather be getting on with their daily work."

Ms Dineley points to recent legislation, banning discrimination on the grounds of religious belief, as being the latest potential problem area for an employer.

"You really do have to mind your 'P's and 'Q's more and more," she said.

"For example, you may take the Lord's name in vain, and suddenly you realise you have offended one of your employees.

Communication

"So it has got to the stage where employers are treading on egg shells all the time.

"My advice would be for bosses to be as open and communicative as possible with their staff so that problems hopefully do not arise," Ms Dineley says.

However, if talks to resolve any dispute at work do fail, you can apply for the case to be heard at an Employment Tribunal.

Independent government bodies, Employment Tribunals can hear applications (sometimes called complaints) about matters to do with employment.

These include unfair dismissal, redundancy payments, discrimination, and certain issues relating to wages and terms and conditions of employment.

Each local tribunal across the country generally has three members - a chairman, who is legally qualified and appointed by the Lord Chancellor, and two lay members who have experience of dealing with work related problems and are appointed by the Secretary of State for Trade and Industry.

The tribunals are however both independent of, and not influenced by the government.




SEE ALSO:
Know your employment rights?
26 Feb 04 |  Business


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