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.