Monthly Archives

November 2016

The Importance of Precedents and Taking Action Immediately

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Mr Law was dismissed from Yorkshire Dyeware Chemical Company for “smoking at work”.  The company said he was in the habit of “going to the street door” to smoke once in the morning and once in the afternoon and also argued he had returned late from lunch.  However, Leeds Tribunal found in Mr Law’s favour, as his habit had gone unchallenged for at least six months!  They ruled that he should be reinstated.

This case highlights the need to ensure that you deal with misconduct as soon as is practical, and in the first instance.  By allowing misconduct to continue unchecked, you lessen your chances on relying on this in court as a fair reason for dismissal.

Please ensure that use your disciplinary procedure, and call us for advice

Upper age limit of 35 years for applicants to a police force was lawful (ECJ)

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In Gorka Salaberria Sorondo v Academia Vasca de Policía y Emergencias the ECJ held that Article 4(1) of the Equal Treatment Framework Directive (2000/78/EC) does not preclude the imposition under Spanish law of an upper age limit of 35 years for applicants to the Basque Police and Emergency Services Academy. The possession of particular physical capabilities is a characteristic relating to age. The nature of the specific duties involved requires a particular level of physical capability, which is a genuine and determining occupational requirement. The objective of preserving the operational capacity and proper functioning of the police service is legitimate. Imposing an upper age limit on applicants of 35 years does not go beyond what is necessary to achieve that objective. (Gorka Salaberria Sorondo v Academia Vasca de Polícia y Emergencias C-258/15.)

Two-thirds of older workers feel discriminated against by employers

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A survey undertaken by 4,000 job seekers has suggested that older workers feel their age has a negative impact on their chances of success when applying for employment or promotions at work. According to the survey, sixty-three per cent of workers between the ages of 55 and 64, feel that they have been discriminated against at work, while 82 per cent see it as a disadvantage when applying for new opportunities

Official Statistics: Employment statistics for workers aged 50 and over since 1984

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Employment of workers over the age of 50 has grown significantly over the past decades.

The employment rate for people aged 50 to 64 has grown from 55.4 to 69.6 percent over the past 30 years, an increase of 14.2 percentage points.

The employment rate for people aged 65 and over has doubled over the past 30years, from 4.9 to 10.2 per cent, an increase of 5.3 percentage points.

The largest increases in employment rates over the last 30 years were for two groups: for women aged 60-64 the rate grew from 17.7 to 40.7 per cent; and for women aged 55-59 it grew from 48.6 to 68.9 per cent.

The employment rate gap between men aged 50-64 and women of the same age dropped from close to 28 percentage points 30 years ago to 10.9 percentage points in 2015.

The proportion of people aged 70-74 in employment almost doubled over the past10 years (from 5.5 to 9.9 per cent), and numbers in employment more than doubled from 124,000 to 258,000.

Part of the increase in the numbers of workers over 50 can be explained by demographic changes, but growth in employment rates shows that the number of people over 50 in employment has risen faster than the population over 50.

Employers fail to grasp recruitment laws

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The results of a survey undertaken by the Equality and Human Rights Commission (EHRC), suggests employers are ill-informed of the current law on recruitment. According to the report, only 39% of businesses are aware that it is illegal to advertise a vacancy solely in a foreign language, where the foreign language is not required to perform the duty. In addition, less than half of employers checked employees had the right to work in the UK prior to hiring them, while 9% of employers believed that foreign workers were not entitled to the same wage as British ones.

Line managers fail to handle absence at work

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The CIPD has published its annual Absence Management Survey report, which examines trends in workplace absence. The survey was undertaken with 1,000 employers and suggests that many line managers have been left ill-equipped for the task of managing absence. For example, according to the survey, less than half of employers train their managers to handle absence at work (a drop on last year’s figures).

WHY NOT USE ELCONS TRAINING – COMPLIMENTARY TO CLIENTS. However, if you aren’t a client but are considering our services, do contact us as we would be happy to see you at one of our training sessions to give you a taste of how we can help you.

Voluntary living wage rate increases by 2.4%

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The UK voluntary living wage rate is to rise by 20p to £8.65 an hour. The voluntary living wage is promoted by the Living Wage Foundation and is distinct from the statutory National Living Wage. The Mayor of London, Sadiq Khan, has announced that the rate will rise by 35p to £9.75 an hour for London residents.