August - HR Review

Changes to the Equality Bill
Changes to the Equality Bill are set to have a major impact on society and businesses after it was announced that new protection would be given to pregnant women and victims of dual discrimination.
Until recently pregnant women and victims of dual discrimination where somewhat hard done by, by the provisions of the Equality Bill. However two recent amendments are set to correct this.
The first provision, which makes treating pregnant women and new mothers in an unfavourable manner unlawful, will see increased protection for women during and post pregnancy in both work and in public and will make it an illegal act to discriminate against a women because of pregnancy or maternity.
In addition to the new protections for Pregnant Women, the Equality Bill also provides clarification for victims of dual discrimination, those who have been discriminated against on the grounds of both race and sex. The new amendments will allow for single claims to be made on the grounds of race and sex discrimination as opposed to forcing an individual to decide between the two, which has previously been the case.


Contractors inside IR35 may be entitled to employment rights
An Employment Tribunal has found in favour of a contractor working through his own limited company who claimed unfair dismissal against his client after he was given 1 weeks? notice to terminate his contract -despite having been with the client for a considerable period.
The contractor had worked for his client since August 2004 in a management capacity until his contract was terminated. During his time the contractor had no breaks in his contract and was dismissed without explanation and with just one weeks? notice in November 2006.
The contractor used his own Limited Company to bill his client and it is this which has made this particular case as interesting to the freelance market - It has generally been believed that contractors were not entitled to the same employment rights as permanent employees.
The Employment Tribunal was satisfied that the contractor had an ?implied employment contract? in existence.
The verdict appears to take away the biggest advantage that contractors have and that is that companies find it easier to use them as it is easy to get rid of them. Client Companies are less likely to hire contractors if they have the same rights as employees. Why would companies pay double for contractors, in the future, if they have to give them the same benefits and security of employment as employees?


Agency Workers Directive needs more clarity

Clarity about the definition of ?equal treatment? is vital in order for businesses to comply with regulations, according to the Chartered Institute of Personnel and Development (CIPD).
The directive outlines that after 12 weeks, agency workers will be entitled to ?equal treatment? in the workplace. However, the directive does not go on to define the phrase.

CIPD comments: ?The Government must ensure that agencies, employers and workers know exactly where they stand. This will be the single most critical issue for employers in determining their response to the regulations, and their impact on the UK's flexible labour market. Implementing the directive presents the Department for Business Industry and Skills with an excellent opportunity to rebut the charge of gold-plating.?


And Finally
Most British bosses would decide whether or not to hire a candidate over their dress, according to a survey by management careers site TheLadders.co.uk.
The research shows that 76% of British bosses would decide against a job candidate because of poor attire.
The survey also shows that 37% said that they had recently decided against hiring a candidate because of the way they dressed, while 67% of bosses surveyed say that a good interview outfit should cost in excess of ?300 and 94% said they were unlikely to hire a candidate in an obviously cheap suit.