October 2011 Employment Law Update

October 2011 Employment Law Update

If you would like to discuss any employment issues please contact Julie Taylor on 01635 508181

1.  Excitement for Agency Workers!

So, the Agency Workers Regulations 2010 finally came into force on 1 October 2011. This means that, with effect from 1 October, all agency workers will be entitled to access any collective facilities available to other comparable workers and employees, and also any information on internal job vacancies.

Additionally, agency workers who complete a 12 week qualifying period will be able to benefit from the same basic employment and working conditions as if they had been recruited directly by the employer.

2. Standard October event: Increases to the National Minimum Wage

The new NMW rates, effective from 1 October 2011, are as follows:

• the rate for workers aged 21 and over increases to £6.08
• the rate for those aged between 18-20 years increases to £4.98
• the 16-17 rate for workers above school leaving age but under 18 increases to £3.68
• last but not least, the apprentice rate, for apprentices under 19 or 19 or over and in the first year of their apprentice increases to £2.60

3. Be prepared: Social media in the workplace

For those of you who move with the times, you will be pleased to know that ACAS has published useful guidance on social media use in the workplace.

The guidance includes tips for managing the impact of social networking in the context of managing performance, recruitment, discipline and grievances, bullying, defamation, data protection and privacy. There is also a useful section about developing a social network policy. We can do this for you or you can access the guidance from the ACAS website.

4. Proceed with caution: References

he Court of Appeal has held that, even though the recording and recordkeeping issues of an employee had not been investigated, it was not unfair to refer to these issues in the reference as the reference itself made it clear that the issues had not been investigated and therefore, it was it was balanced overall.

What does this mean?

When an employer highlights concerns or allegations regarding an employee in a reference it will not always mean that the reference is unfair. HOWEVER, employers should ensure that any references provided about their employees are true, accurate and fair. If negative comments are included about matters which have not been investigated, there is a real risk of further action and legal advice should be obtained. It is also important to take steps to ensure that the ex-employee has the right of reply, or has opportunity to discuss the reference in the first instance and seek agreement before it is issued.

5. MIND THE GAP: gender pay equality

Currently only public sector employers are required to publish certain gender equality data, but the Government is now asking other sectors to carry out gender equality analysis and report on a voluntary basis. Once again ACAS has published helpful guidance for those organisations who wish to participate:  

6. Whistle-blowing at a meeting?

The Employment Appeals Tribunal has clarified that a complaint made by an employee, during the course of a meeting, about pressure from his manager to produce allegedly misleading financial models amounted to a disclosure of information for the purposes of the ‘whistle-blowing’ legislation.

What does this mean?

Employees who ‘blow the whistle’ on wrongdoing, are protected from being victimised and a connected dismissal can be automatically unfair, even where the complaint is in an informal setting as summarised above.

Employers should always take advice before taking action to dismiss employees and should ensure they have clear Whistle blowing policies in place.

Please note that these comments are  intended to summarise the employment issues of the moment, not to provide detailed legal advice, so if you need assistance with any employment issues you may have please contact Julie Taylor.