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Employment update
Bullying and harassment
According to a recent Government survey, 3.8% of employees have
personally experienced bullying or harassment at work. Women are
more likely to have been bullied than men with higher rates being
found for overseas-born employees (5%) compared to those born in
the UK (3.6%). Yet higher rates were recorded for employees with a
disability or long-term illness (10.6%). The highest rate is in
respect of two forms of discrimination, specifically disabled women
(14.4%).
Comments or behaviour which you may regard as 'just a joke' or
'banter', may cause offence because of their content; or (which is
just as bad), individuals may claim to have been offended and you
will be unable to prove otherwise. Complaints can leave you facing
a costly and disruptive unfair dismissal/discrimination claim, lead
to you and/or individually named employees being ordered to pay
significant amounts of compensation to a successful employee,
damage your brand and impact negatively on staff morale.
Official Employment Tribunal statistics for 2006/2007 show that
the average awards made in successful sex, race and disability
claims were: sex - £10,052; race – £14,049 and disability –
£15,059.
Key advice
- Provide all staff with regular diversity training to minimise
risk and to take advantage of the statutory defence
- Make sure staff understand that what they consider to be
'banter' or 'horseplay' can lead to claims against the employer and
against the individuals responsible
- Show managers how to challenge a member of the public whose
harassment or discriminatory behaviour of an employee could leave
you being ordered to compensate the employee for their conduct
- Be certain that your equal opportunities policy takes account
of the seven forms of discrimination and the current legal
definition of harassment
- Where a grievance of harassment or discrimination is raised
make sure it is investigated without delay, is dealt with in
confidence and can reasonably be perceived as being taken
seriously
- Consider setting up a confidential helpline and an employee
assistance programme to give employees a route to speak out and
confidential support
- Keep full written records
Changes to paid annual leave entitlement
The Government's two-stage increase of the statutory minimum
paid annual leave entitlement came into force on 1 October
2007.
A worker is now entitled to 4.8 weeks paid annual leave (24 days
if the worker works a five-day week). The entitlement will be
increased to 5.6 (28 days if you work a five-day week) from 1 April
2009. Workers who work less than a five-day week are entitled to a
pro-rata increase.
Frequently asked questions
Q. What does 4.8 weeks mean?
A. 4.8 weeks is 4.8 times the worker's usual
working week. So, if an employee works 5 days a week, then 4.8
weeks is 24 working days (4.8 x 5). If an employee works 4 days a
week, then 4.8 weeks is 19.2 days (4.8 x 4).
Q. Does the increased annual leave entitlement
include bank holidays?
A. Yes. There is no obligation on an employer
to allow their workers to take annual leave on a bank holiday.
Q. How do you calculate annual leave entitlement if
an employee is contracted to carry out work 1,800 hours per
year?
A. You need to calculate how many hours the
employee works in a week. There are 48 working weeks in a year, so
the employee would work 37½ hours a week (1,800/48). The employee's
holiday entitlement is 180 hours for the year (4.8 x 37½ hours a
week).
Q. What happens if an employee's holiday year begins
before 1 October 2007?
A. This is a complicated area, as the
implementation date may not coincide with your holiday year. The
annual leave entitlement of the worker should be calculated by
multiplying the proportion of the holiday year left to run by the
additional entitlement due from 1 October 2007.
Q. Can an employer specify when holiday is to be
taken and require an employee to work on a bank
holiday?
A. Yes. Workers can be required to take their
annual leave on bank holidays, and there is no right, unless their
contract provides otherwise, for workers to have pay enhanced if
they work on a bank holiday. The position should be made clear in
the contract of employment.
Q. Can leave be carried over to another leave
year?
A. A worker must take four weeks of their
annual leave within the normal leave year. However, provided both
employer and employee agree, some or all of the additional leave
entitlement (the amount of leave granted above the current minimum
four weeks) can be carried over to the next leave year.
Forthcoming seminars
The employment team are presenting a seminar on restrictive
covenants and confidentiality, covering drafting and enforcing
contracts to protect your business. The seminars will be held on
the following dates:
- Birmingham – 29 November 2007
- Nottingham – 4 December 2007
- London – 29 January 2008
To find out more about the topics to be covered and book your
place online, please click here.
Our services
To find out more about the employment services provided by the
team at Browne Jacobson, please click here.
For more information or advice, please contact Ray, Dawn or Helen