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Employment Law Bulletin REMINDER - IMPORTANT
DATE - 1 OCTOBER 2004 Disciplinary and grievance procedures On
1 October 2004 mandatory disciplinary and grievance procedures will exist which
if not followed will have important consequences for both employers and employees. ·
If employers do not follow the minimum statutory disciplinary procedures when
dismissing employees they will be subject to claims for automatically unfair dismissal
from employees subject to a 1 year qualifying period. · Mandatory
grievance procedures mean that an employee will not be able to bring the majority
of claims in the Employment Tribunals unless they have lodged a written grievance
with the employer and waited 28 days before bringing a claim. Disability
Discrimination Act 1995 ("DDA") There are to be a number of changes
from 1 October 2004 but the main ones are: · Employers with less
than 15 employees will have to comply with the DDA. · The justification
defence is abolished for failure to make reasonable adjustments. ·
A new definition of direct discrimination and a formal definition of harassment. National
Minimum Wage Increases from 1 October 2004 · Adult rate for workers
over 22 years old increases to £4.85 per hour. · Development
rate for workers aged 18 to 21 years old inclusive increases to £4.10 per
hour. · New rate for 16 and 17 year olds of £3.00 per hour
although there is an exemption for 16 and 17 year old apprentices.
For further information on the above or any other employment law
issue, please contact Carl
moran on 0161 819 4915
Employment Law Healthcheck No
business can afford to ignore developments in the area of employment law. This
rapidly evolving area of law impacts on everybody; you need to make sure you have
the necessary documentation and procedures in place to avoid falling foul of existing
laws and regulations, or changes in the law. We are therefore offering a free
Employment Law Healthcheck to all our clients and contacts between now and 30
March 2004. At no cost to you, you can arrange: · an on-site discussion
with an experienced employment lawyer · an appraisal of your existing
employment documentation · an appraisal of your procedures ·
an opportunity for us to identify and for you to raise queries on any potential
problem areas.
The service is free of charge and without obligation. To learn
more, please contact Carl
moran on 0161 819 4915 to arrange a mutually convenient
time for a visit by our team.
New legislation affecting employers From December
2003 three important new sets of Regulations came into effect: 1. prohibiting
discrimination in the workplace on the grounds of sexual orientation; 2.
prohibiting discrimination in the workplace on the grounds of religion or belief; 3.
banning hand held mobile phones in cars. Employers' potential liability
is therefore extended, and it is important that businesses have systems in place
to ensure compliance, preferably by way of a company handbook. All staff,
particularly those involved with recruitment or management, need to be aware that
discriminating or harassing a person on the basis of their sexual orientation
or religion or belief could expose both them and the company to liability. In
addition, companies can now become liable for fines for employees using hand held
phones in their cars during the course of employment.
For further information on this or any other employment law issue,
please contact Carl
moran on 0161 819 4915.

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