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Legal
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Employment Rights
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Health & Safety
Mesothelioma Action
The Scottish Parliament has voted for legislation
to overturn a recent House of Lords ruling which cut compensation
payments to mesothelioma sufferers and their families. The
House of Commons is expected to follow suit soon. Unions
welcomed the news but are calling for the changes to be
retrospective.
The May ruling on the Compensation Bill meant
that thousands of victims of the asbestos-related cancer
would not receive a full pay-out. The Scottish Executive
has also pledged another Bill to ensure families don't lose
out if a settlement is reached before the claimant's death.
Des McNulty MSP welcomed the move and withdrew his proposed
legislation.
Work Ill Health Higher than Official Stats
Three surveys suggest that work-related ill-health
is far higher than the levels on which the Health and Safety
Executive bases occupational health strategies and measurement
of their impact. The HSE uses the Labour force survey as
a benchmark. It says that 1 in 20 adults (5%) has a work-related
health problem. But its own Workplace Health and Safety
Survey said work-related ill-health could be more than double
that. Meanwhile the British Social Attitudes Survey found
15% of those who worked in the previous 12 months had a
work-related health problem. And in the European Working
Conditions Survey 60% said work affects their health.
Safety Inspections Plummet
Hazards magazine reported on previously unpublished
figures from the Health & Safety Executive showing that
visits to firms by safety inspectors fell by over a quarter
between 2002-03. Unions warned that negligent employers
can risk their workers' health and safety, knowing they
will be unlikely to have an HSE visit more than once in
13 years.
Workplace Violence
Training health staff to deal with violence
at work needs to be based on day-to-day situations to be
effective, according to University of Nottingham research,
funded by the HSE. It said poorly thought out training could
have a negative effect on staff. Training should be: broader
than focusing on individual competence; closely allied to
perceived need; and must clearly demonstrate a proactive
organisational response to workplace violence. www.hse.gov.uk/research/rrpdf/rr440.pdf
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Bargaining
issues
A TUC report on Black Women and Employment
urges unions to establish collective bargaining on race
equality to overcome discrimination against women from black
and minority ethnic (BME) communities. BME women are more
likely to be unemployed or economically inactive than any
other labour market group. ILO unemployment rates for black
and Asian women are 5.4% and 4.8% respectively, compared
with 2.9% for white women. In work BME women are concentrated
in low-paid, low-status jobs and more likely than white
women to be in temporary posts.
The report says collective bargaining is key
to tackling the double discrimination faced by black women.
It also calls for public procurement to be used to boost
the employment of BME women, equality of access to workplace
training, childcare and free ESOL courses. It is at: www.tuc.org.uk/extras/bwae.pdf
Union Members' 17.6% Pay Differential
A Department of Trade and Industry report
on trade union membership shows that hourly earnings for
members in autumn 2005 were 17.6% more than for non-union
employees, at an average £11.98, compared to £10.19. This
is up from a 17.1% difference in 2004.
Women's union membership rose by 0.9% to 29.9%
while for men it fell by 0.3% to 28.2% of employees. The
gender difference is now statistically significant.
Northern Ireland has the highest union density
at 40.4%. Scotland is at 33.7%, up from 33.2%. Union density
in Wales is 34.3% and 27.9% in England. Overall union density
increased to 29% for employees, but the total number of
trade union members fell by 1.9% to 6.39 million. In the
public sector collective agreements covered 71% of workers,
more than three times the private sector rate.
Disciplinary & Grievance Cases Tripled
Employers say that the number of disciplinary
and grievance cases they have dealt with has nearly tripled
in a year. IRS Employment Review surveyed 155 employers
who reported an average 66 disciplinary cases and 19 grievance
cases each in the last two years. It follows the new statutory
disputes procedure introduced in October 2004. A small majority
(58%) said the new procedures had made it easier for them
to settle disputes effectively. The number of employment
tribunal applications against the employers has risen slightly.
The report said it may be that individual workplace disputes
are being managed more effectively, with more grievances
raised formally and more disciplinary issues being dealt
with rather than avoided.
Pay Settlements at 3%
Pay awards for January to May 2006 stand at 3%. Headline
inflation, based on the RPI, was 3% in May, up from 2.6%
in April. Underlying inflation, excluding mortgage interest
payments, rose from 2.4% in April to 2.9% in May. The Consumer
Prices Index, the government-preferred inflation measure,
also rose from 2% in April to 2.2% for January to May.
National Minimum Wage Up in October
The National Minimum Wage for adults rises from £5.05 to
£5.35 on 1st October. The rate for 18-21 yr-olds goes up
from £4.25 to £4.45 and for 16-17 yr-olds the new figure
is £3.30, up from £3 per hour.
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Workplace Issues
EQUALITY AT WORK
Work and Families Act 2006
The government says thousands of working parents will
benefit from the new Act's provisions which extend maternity
pay and paternity leave and give flexible rights for people
caring for elderly or sick relatives. Details at: www.unison.org.uk/worklifebalance/news_view.asp?did=2324
Age Discrimination Banned from October
New age discrimination legislation comes into effect
in October. ACAS has produced new guidance for employers:
Age and the Workplace - Putting the Employment Equality
(Age) Regulations 2006 into Practice. Go to: www.acas.org.uk/media/pdf/s/3/Age_and_the_Workplace.pdf
Redundancy Scheme May Be Unlawful
Questions have been raised about whether civil servants'
redundancy arrangements comply with the new regulations
on age discrimination. If not, many other employers who
have based their enhanced redundancy schemes on the civil
service one could face discrimination claims. The Cabinet
Office is to review the government's redundancy scheme.
The PCS union warned against watering down terms and
conditions. The new regulations amend the system for entitlement
to statutory redundancy payments. Schemes which offer
enhanced versions, using different age bands and multipliers
to calculate payments, have to be objectively justified.
Employers Recruit Older Workers
In a survey by the Chartered Institute of Personnel
and Development 70% of employers said they are actively
recruiting workers aged between 55 and pension age. They
are looking for key skills and to comply with the new
legislation.
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AND FINALLY
New balls for Murray please…Time for Equal Pay at
Wimbledon.
Martina Navratilova told Jonathan Ross she would strike
for equal pay at Wimbledon. The new head of the Lawn
Tennis Association backs it, as do John McEnroe, Tony
Blair and Jack McConnell. The men's champion wins £655,000
while the women's champion receives £625,000. Scots
hope Andy Murray justifies this, saying men play five
sets not three, but that hasn't been a barrier for the
US and Australian Opens and the French introduced parity
for the top prizes this year. You cannot be serious
Andy.
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