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Monthly update December 2008
Welcome to BusinessHR's final update of 2008! There has been a
flurry of activity prior to Christmas, so apologies for a long
newsletter - we were anticipating a much shorter one this month,
but it was not to be!
Topics:
- Helpline hours in December
- Employment law update
- Revised new Acas Code on discipline and grievances
- The Employment Bill - now the Employment Act 2008
- Tips and the minimum wage
- Foreign workers - tiers 2 (skilled workers) and 5 (temporary
workers) now in operation and further details available re tier 4
- Education and Skills Bill also passed
- Agency workers update
- Update on revised works council directive
- BNP list - act cautiously!
- Increase in employment tribunal rates and awards
- And some more statistics, this time on equal pay
- Some interesting cases
- Discrimination: is a requirement to have a degree ageist?
- Discrimination: is a requirement not to wear a visible
crucifix religious discrimination?
- Discrimination: white employee claims different treatment is
race discrimination
- Tribunal bias
- Loss of earnings claims when on benefits
- Whistleblowing applies to third parties also
- Health and safety news
- The opt-out seems more likely to go....
- Keep an eye on extra hours worked!
- Reform of sick notes
- The demise of "fatal Friday"?
- New on the website
- And finally....
Helpline hours in December
Please note that our helpline will be open at the following times
over the Christmas period:
- up to 23rd December: normal hours (ie 9.00am - 6.00pm)
- 24th December: 9.00am - 1.00pm
- 25th December: bank holiday - closed
- 26th December: bank holiday - closed
- 29th December: normal hours (ie 9.00am - 6.00pm)
- 30th December: normal hours (ie 9.00am - 6.00pm)
- 31st December: 9.00am - 1.00pm
- 1st January: bank holiday - closed
- 2nd January: closed
- 5 January: normal service resumes!
Employment law update
Revised new Acas Code on discipline and grievances
The revised Acas Code of Practice has now been published. This is
scheduled to come into effect on 6 April 2009 when the statutory
dismissal and grievance procedures are abolished. An
unreasonable failure by either an employer or employee to follow
the Code will result in a tribunal being able to increase any
award by up to 25% (so less than the current 50%).
The Code is now slightly longer than the first draft (10 pages)
but significantly shorter than the previous code (48 pages). It
will be accompanied by 'fuller, freestanding, non-statutory
guidance' which will provide additional advice. The draft has
changed substantially since it was first published and is much
more even handed - ie obligations apply both to employers and to
employees to take action without unreasonable delay etc.
The main points to note are as follows:
- Unlike the statutory dismissal procedures, the code
specifically states that it does NOT apply to redundancies nor
to the termination of fixed-term contracts.
- Employers and employees are required to 'seek' to resolve
issues in the workplace. This wording has changed from the draft
code which stated that they should "do all that they can" to
resolve issues.
- The Code suggests that employers and employees should also
read the ACAS guidance to ensure they understand how
disciplinary and grievance issues should be handled.
- Introduction: definitions of disciplinary situations
(which include misconduct and/or poor performance) and grievances
("concerns, problems or complaints that employees raise with
their employers") are now included.
- Discipline - right to be accompanied: the previous
draft code suggested that although there is no statutory right
to be accompanied at an investigatory meeting, it is good
practice and failure to do so might lead to a compensation
adjustment or even to a conclusion that the dismissal is unfair.
Following the consultation, the revised code now simply states
that accompaniment in such circumstances "may be allowed under
an employer's own procedure."
- Discipline - evidence: the draft code contained no
requirement to give relevant evidence to the employee in advance
of a hearing; the revised Code now states that it "would normally
be appropriate to provide copies of any written evidence, which
may include any witness statements, with the notification."
- Discipline - stages: the recommended process is now
written warning, final written warning and dismissal (note: no
verbal warning as a first stage).
- Discipline - appeals: should all be confirmed in
writing (an additional requirement on top of the existing
procedures!)
- Discipline - attending meetings: an addition states:
"Where an employee is persistently unable or unwilling to attend
a disciplinary meeting without good cause the employer should
make a decision on the evidence available." "Persistently" is
not however defined so there will be some interesting cases
before we are clear on this - it might have been useful to have
had something more easily quantifiable eg "on more than two
occasions fails to turn up or attend".
- Grievances - in writing: the draft was amended to
make it clear that a grievance should be raised in writing - so
similar to the current statutory provisions.
- Grievances - appeals: an employee should appeal if
he/she is not content with any decision made.
- Overlapping grievance and discipline: a new section
states that the disciplinary process may be temporarily
suspended to allow a grievance to be heard or, if the grievance
and discipline are related, the issues may be dealt with
concurrently.
- Collective grievances: an additional new section
states that the code does not apply to grievances raised on
behalf of two or more employees by a trade union or other
appropriate workplace representative.
The revised new Code can be downloaded from Acas's website:
www.acas.gov.uk/index.aspx?articleid=2114
This is still marked as a draft until it gains parliamentary
approval.
The Employment Bill - now the Employment Act 2008
The Employment Bill received Royal Assent on 13 November. The
Act repeals the statutory dispute resolution procedures and
related provisions, makes changes to the enforcement of the
national minimum wage, employment agencies and trade union
membership law.
Points to note:
Dismissal
- The statutory dismissal and grievance procedures are
repealed, this is planned to take effect from April 2008.
- The rules which made a dismissal automatically unfair if an
employer fails to comply with the statutory procedure now go.
Instead, we revert to the previous situation where an employer's
failure to comply with a fair procedure will make a dismissal
unfair (even if the failure would not have affected the
outcome), however any compensatory award may be reduced to
reflect the likelihood that the dismissal would have gone ahead
if the correct procedure had been followed (you may see this
referred to as the "Polkey" principle).
- Tribunals may adjust awards of compensation by up to 25 per
cent for an unreasonable failure to comply with any provision of
the new ACAS Code of Practice on Discipline and Grievance (see
above). So a reduction from the current 50%!
- A new fast-track procedure means that tribunal claims can be
determined without a hearing provided both parties agree.
- ACAS may prioritise cases where demand for conciliation
exceeds their available resources and the fixed conciliation
periods are removed - but ACAS will get an extra £37 million
in extra funding to assist them in offering an improved helpline
amongst other things.
- Tribunals may award compensation for financial loss (for
example bank charges incurred by the employee), following
certain types of monetary claim, such as unlawful deduction from
wages or non-payment of redundancy pay.
National minimum wage
- There will be new penalties for underpayment and a new,
fairer, method of calculating arrears. The current maximum fine
of £5000 will be removed and unlimited fines will be
introduced for the most serious cases of non-compliance, which
will be tried at Crown Court.
- The current enforcement and penalty notices will be replaced
with a single notice of underpayment.
- The position regarding voluntary workers is clarified.
Employment agency standards
- More severe penalties will apply to those who do not comply
with the employment agency standards and the inspectorate is
given greater powers to demand and secure copies of financial
information from an agency or from its bank/building society.
The number of inspectors will also be increased.
Trade union membership
- Trade unions may now exclude members of particular political
parties from membership of the union.
Most of the Act is due to come into force on 6 April 2009.
Tips and the minimum wage (NMW)
The government has now started consulting on its proposals to
disallow any tips paid to workers (mandatory or voluntary) from
counting towards the national minimum wage. (Currently tips paid
through the payroll may count towards the NMW, but tips paid
directly to the worker may not.) Official statistics suggest
that up to 44,800 workers may get tips that are used towards
their NMW pay. The Government estimates that changing the law to
stop restaurants, hotels and bars using tips in this way could
cost these businesses up to £73 million per year.
However, although tips will no longer count towards the minimum
wage, there is no requirement that the money left as tips should
be paid to workers. Employers may continue to keep a proportion
of the tips, but must make it clear to customers how their tips
are being used.
Consultation closes on 16 February 2009.
For further details see
www.berr.gov.uk/consultations/page48902.html There is
also a quick online survey where you can give your views.
Foreign workers - tiers 2 (skilled workers) and 5 (temporary workers) now in operation and further details available re tier 4
Tiers 2 and 5 of the new points-based system came into effect on
27 November. All employers wishing to recruit migrants from
outside the European Economic Area need to apply to the UKBA as
soon as possible to become a sponsor.
- Tier 1 which covers the highly skilled, has already
been implemented.
- Tier 2 (skilled workers) replaces the previous work
permit scheme. Tier 2 migrants have to demonstrate that they
have:
- an acceptable standard of English. The UK Border Agency has
recently published details of approved English language tests for
Tier 2 on its website - see www.bia.homeoffice.gov.uk
- enough money to support themselves, and any dependants that
come with them, for the first month of their stay in the UK.
There are two ways to do this: either they must show that they
have personal savings of at least £800 (plus £533 for
each dependant) which they have had for three months, or they
need written confirmation from their A-rated sponsor that the
sponsor will maintain and accommodate the migrant (plus any
dependants if they are to enter the country) until the end of
the first month of their work in the UK.
- Tier 4 (students) - from March 2009 new rules will
apply to both colleges and universities that want to recruit
foreign students, and to students themselves. Every non-EEA
student must be sponsored by a UK Border Agency-licensed
education institution, supply biometric information and meet new
criteria. The colleges and universities will need a sponsor
licence and must apply to the UK Border Agency for this no later
than 2 February 2009 in order to ensure that a sponsor
application is processed in time for the March 2009 policy
implementation. Once a licence has been obtained the
college/university will need to comply with certain duties or
risk losing its licence. As from autumn 2009 a new 'sponsor
management system' will require colleges/universities to inform
the UK Border Agency when students fail to enrol on courses or
miss lessons.
- Tier 5 covers temporary workers entering the UK for
a short period.
For more information, please visit the BIA website:
www.bia.homeoffice.gov.uk or call the PBS Employer
Helpline on 0845 010 6677.
In addition to the above, foreign nationals living in the UK
began applying for identity cards on 25 November. The cards
include fingerprints and a photo. The new identity cards will be
mandatory for all foreign nationals and should provide a simple
secure means of validating their right to work. The first
identity cards will be issued to those who are applying to
remain in the UK as a student or getting married. All new
foreign nationals and those extending their stay will have a
card within three years. It is estimated that by the end of
2014/15 about 90% of all foreign nationals will have been issued
with one.
Manchester and London City airports will be amongst the first to
have identity cards for UK nationals. The ID cards will be issued
without charge and additional funds will be made available to
them to support improvements to the infrastructure and process
for pre-employment checking and issuing of airside passes.
The UK Border Agency has issued guidance showing how to validate
an identity card, see www.ukba.homeoffice.gov.uk.
And the HMRC has published a new guide for those who wish to
come to the UK to work. It provides useful information
including what documentation they will need and what taxes will
apply to them. See:
www.hmrc.gov.uk/migrantworkers/index.htm
Education and Skills Bill also passed
The Education and Skills Bill has also received Royal Assent.
This will raise the education and training age to 17 years by
2013 and to 18 years by 2015, but will not force pupils to stay
on at school as there will be a range of options for training
and learning alongside employment. The Act will require those
who leave education without achieving a certain level of
qualification to participate in accredited training. (Young
people aged 16 and 17 without basic qualifications already have
the right to take paid time off from full-time work for relevant
training, but they are not required to do this.) Employers will
be required to allow these employees the equivalent of one day a
week off to undertake training (which may be accredited training
provided by the employer) and cannot employ such individuals if
they have not made appropriate training arrangements. This new
requirement to train will not start to come into force until
2013. Responsibility for delivering the Connexions service
will pass to local authorities to ensure that it is integrated,
targeted and impartial.
The above rights should not be confused with the proposal to
give all employees in England the right to request time off for
skills training once they have worked for their employer for 26
weeks and for the employer to consider such requests seriously.
This is expected to come into force earlier, in 2010.
And whilst on the subject of education, the Department for
Children, Schools and Families has published a new guide to the
14-19 diploma, aimed at employers. Entitled "Improving
Business by Improving the Skills of Young People" it explains
the role of employers in designing the Diplomas, how they
prepare 14-19 years olds for their working lives, and the new
opportunities available to employers of all types, sizes and
sectors to get involved with schools and colleges. Copies can be
ordered by calling 0845 60 222 60 and quoting reference:
00733-2008BKT-EN.
Agency workers update
And another one! The Agency Workers Directive was also passed -
this time by the European Parliament. This will give temporary
workers in the UK the right to receive equal pay and conditions
to permanent staff after 12 weeks with an employer.
Research by the Recruitment and Employment Confederation
concluded that 48% of its 300 respondents thought it would
increase the cost of filling a temporary vacancy by 10%.
It would seem that the directive is causing much concern amongst
recruitment agencies:
- 57% said the average assignment went beyond 12 weeks - so
more than expected
- 35% said their clients would struggle to identify a
comparable worker
- two-thirds said the legislation would expose them to a
greater risk of being taken to an employment tribunal
- four in 10 thought extra costs would be incurred by
consultants being diverted from making placements to chase up
equal pay information.
Update on revised works council directive
The European Parliament’s Employment and Social Affairs Committee
has adopted, with amendments, the revised directive on European
works councils. This applies to organisations that employ at
least 1000 people in the EEA, 150 or more of whom work in each
of at least two EEA Member States.
The changes to the directive seek to improve the effectiveness
of information and consultation of employees and to increase the
number of European Works Councils. Currently whilst there are
around 820 European Works Councils, only 36% of organisations to
which the directive applies have them.
The full European Parliament will vote on the directive shortly.
BNP membership list - act cautiously!
The recent publication of a list containing the names, addresses
and in some cases, occupations of 13,500 BNP members has caused
some controversy!
The Scouts hit the charity news when they suspended a trustee
who was on the list. A spokesman for the Scout Association said
the charity has had a written policy on membership of particular
political parties since the mid-1990s, and forbids membership of
four political parties: the National Front, the BNP, the Nation
of Islam and Hezbollah Tehiyah. The spokesman said the trustee
had been informed of his suspension in writing this week. "He
will have to make a choice: if he wants to be a member of the
BNP, he cannot be a member of the scout movement."
But can you fairly dismiss an employee for being a member of a
political party? Whilst action may be possible (and necessary)
in some circumstances, caution is advised in order to avoid the
risk of claims of unfair dismissal or unlawful discrimination
(on grounds of race or religion/belief). As ever, the question
of the impact on the person's ability to do his/her job properly
is crucial. There is a big difference between political activism
and mere membership of a political party. If an employee's
political activities have an impact on, for example, colleagues,
customers and/or the local community, or prevent the person from
doing his/her job properly, or adversely affect the
organisation's reputation, then action may be reasonable. The
specific circumstances of the nature of the role and the
organisation are crucial: if membership of certain organisations
is incompatible with the individual's job and there is a clear
policy spelling this out, or if the organisation has strong
ideological views on social or political issues there may be
stronger grounds for action.
Also note that information about an individual's political
beliefs can be classed as sensitive personal data under the Data
Protection Act, so such cases need to be dealt with sensitively.
Increase in employment tribunal rates and awards
For dismissals occurring on or after 1st February 2009, the
following increased maximum rates will apply:
- compensatory award: increases from £63,000
to £66,200
- a 'week's pay': increases from £330 to £350
- the maximum redundancy payment: increases from £9,900 to
£10,500
- a day's guarantee pay: increases from £20.40 to
£21.50
A Freedom of Information Act request by the Sunday Telegraph
found the total amount awarded by employment tribunals was
£32m in 2006-07 (£7m higher than 2004-05). Unfair
dismissal awards made up the majority of payouts, increasing
from £19.8m in 2004-05 to £26.6m in 2006-07.
The number of claims lodged has continued to increase, up to
238,000 in 2006, and sex discrimination claims nearly doubled,
from 14,250 to 28,153 in 2006-07, although sex, race and
disability discrimination payouts remained generally the same
over the same period.
However, the Citizens Advice Bureau has published a report
('Justice Denied') which says that one in ten successful
employment tribunal claimants do not receive their award from
their employer. Unpaid awards can only be enforced by claimants
taking legal action in the civil courts: however, the report
claims that many employees never try to enforce this. The
Tribunals, Courts and Enforcement Act 2007 will remove the
requirement to register claims for a fee of £35, however the
Bureau had hoped that the Employment Bill would include something
to increase the powers of tribunals to enforce awards.
Recent research by the Confederation of British Industry has
found that firms with fewer than 50 staff settle most claims,
despite receiving legal advice that they would probably win
almost half of the cases.
And some more statistics, this time on equal pay
The 2008 Annual Survey of Hours and Earnings (ASHE) published by
the Office for National Statistics show that women have slipped
further behind men in the pay stakes.
However, the CIPD is cautioning against simply attributing the
gap to poor employer practice: they say '... it is simplistic
to conclude that the gender pay gap is the result of overt pay
discrimination by employers. The gap mainly reflects variations
in the type of jobs done by men and women, different working
patterns and, in particular, the impact of child and elder care
on women's career choices and hours of work.'
The ASHE tables contain UK data on earnings for employees by sex
and full-time/part-time workers. Further breakdowns include by
region, occupation, industry, region by occupation and
age-groups.
For further information see:
www.statistics.gov.uk/StatBase/Product.asp?vlnk=15187
Some interesting cases
Discrimination: is a requirement to have a degree ageist?
Not necessarily so! In (1) Chief Constable of West Yorkshire
Police (2) West Yorkshire Police Authority and others v
Homer, whilst the original tribunal had found indirect age
discrimination, the Employment Appeals Tribunal (EAT) decided
that a requirement to have a law degree to be entitled to be
graded at a higher pay scale did not put a 61-year old employee
at a particular disadvantage on the grounds of his age, even
though he could not have obtained a degree (studying part-time)
before he retired.
The degree was not required only of those over a certain age,
nor did the EAT feel that it was in principle more difficult for
an older person to obtain the qualification than a younger
person. Whilst Mr Homer could not materially benefit from any
law degree he might obtain, that was because his working life
was limited by his age. The EAT described such a disadvantage as
"the inevitable consequence of age; it is not a consequence of
age discrimination".
The EAT upheld the appeal and substituted a finding that there
had been no age discrimination.
Discrimination: is a requirement not to wear a visible
crucifix religious discrimination?
You may recall the case of the British Airways (BA) check-in
clerk who claimed religious discrimination. Nadia Eweida was
suspended in September 2006 after she refused to conceal a small
crucifix on a necklace. BA's policy at the time required that
jewellery be worn only if it could be hidden from view. She
claimed it was her human right to express her faith by having
the crucifix on display. She returned to work in February 2007
after BA revised its uniform policy but then claimed
discrimination on the grounds of her religion and sought
£20,000 in back pay and compensation from the airline.
She claimed that she refused £8,500 from BA to settle out of
court - a bad decision, since the case went to appeal, and she
lost! The Employment Appeal Tribunal upheld the employment
tribunal's ruling that she was not indirectly discriminated
against and said that it was not a requirement of her religion
that she should have to show the cross.
Discrimination: white employee claims different treatment is
race discrimination
Mr Mahoney claimed that his complaints were not followed up
because he was white, and that he received different treatment
to that which a black employee would have received. In
Mahoney v London Underground, Mr Mahoney's allegations of
bullying were not investigated, and the worker Mr Mahoney claimed
was bullying him was neither questioned nor suspended.
Mr Mahoney won his claim of racial discrimination and was
awarded £6,000 for injury to feelings plus an apology from
London Underground.
Tribunal bias
It's rare that claims of bias are made against tribunals, but in
City & County of Swansea v Honey the EAT agreed to a bias
appeal.
The case was an unfair dismissal case involving a senior legal
executive with Swansea Council - who was awarded the statutory
maximum compensation.
Whilst the parties involved in the tribunal were unknown to the
tribunal members, the union wing member was a District Secretary
of the RMT which was involved in a campaign against the local
authority and held a "thoroughly negative" view of the local
authority.
The authority argued apparent bias and the EAT agreed. It
recommends that if a tribunal lay member has had any contentious
dealings with an employer or has articulated criticism of an
employer, this must be declared and will probably be considered
as apparent bias - even if the individuals involved in the
employment tribunal claim were unknown to the member.
Loss of earnings claims when on benefits
Mr Fox suffered from a debilitating skin disorder and then
contracted Bells Palsy. He was dismissed by Sheffield Forge
Masters.
The employment tribunal held that the employer had discriminated
against Mr Fox on grounds of his disability, and failed to make
reasonable adjustments for him. They had failed to follow their
own absence procedure, including their policy on
disability-related absences, during the dismissal proceedings.
The tribunal awarded compensation based on loss of earnings, and
the employer appealed, as Mr Fox was claiming incapacity benefit.
They argued that he should not receive compensation for loss of
earnings which he would not have had anyway.
The Employment Appeal Tribunal judged that the original
employment tribunal was correct, and that Mr Fox could receive
loss of earnings despite being on incapacity benefits. He was
awarded more than £40,000.
Whistleblowing applies to third parties also
In Hibbins v Hesters Way Neighbourhood Project, Ms
Hibbins was a language teacher seconded to the neighbourhood
project by her main employer, the Gloucestershire Neighbourhood
Project Network. After reading something in the press, she
realised that a prospective student she had just interviewed was
a suspect in a rape case and passed his contact details to the
police.
She informed Hesters Way of her actions and alleged that she
then received criticism for this, and lodged a grievance with
her main employer. She eventually resigned and brought a
tribunal claim against Hesters Way. She lost on the basis that
her whistleblowing did not relate to any wrongdoing or failure
by her employer and her disclosure was therefore not a protected
disclosure.
On appeal to the EAT, her appeal was upheld. The EAT said that
the original tribunal had been wrong to conclude that the
whistle blowing provisions do not apply where the "wrongdoing"
or "failure" was by a body which was not the employer of the
person who made the disclosure.
The Employment Rights Act states that a "qualifying disclosure"
is one which in the "reasonable belief of the worker making the
disclosure tends to show that a person has failed ... with any
legal obligation to which he is subject." The EAT held that the
meaning of "a person" goes beyond the employee's employer so
protected disclosures can relate to failings by someone other
than the employer.
Health and safety update
The opt-out seems more likely to go....
Last month we updated you on this, and it would now seem that the
future of the UK's opt-out from the 48 hour week is even less
certain. The agreement reached in June 2008, which would have
allowed member states to continue using the opt-out, must be
endorsed by the European Parliament. On 5 November 2008 the
Employment and Social Affairs Committee voted by 35 votes to 13
to remove the opt-out in three years time.
The full European Parliament will debate this before voting in
mid-December. Whilst Peter Mandelson vowed to protect the
opt-out and gain enough support from UK MEPs to vote to keep it,
and whilst Conservative MEPS are likely to vote in favour, Labour
MEPs have consistently voted against it: and even if MEPs from
all UK political parties voted to keep the opt-out there would
still be too few votes to sway the decision.
Senior HR figures are warning that employers will face increased
pay bills if people are banned from working more than 48 hours
per week and according to government figures more than one in 10
employees work more than 48 hours per week.
The UK currently has the longest hours working in Europe - we
work an average of 43.5 hours a week compared to 38.2 hours in
France and 39.9 in Germany.
Keep an eye on extra hours worked!
Research by Friends Provident reveals that one in four adults
plan to work longer hours over the next six months, while one in
eight intend to take on a second job in order to cope with the
credit crunch. Almost two-thirds (61%) of their respondents
said they felt more stressed, run down and prone to illness than
they did three years ago, and more than one in 10 blamed the
majority of stress on work, specifically from their bosses and
colleagues.
Do keep an eye on your staff, and ensure that you have
well-known rules which require employees to declare any extra
work, so that you comply with the Working Time Regulations and
your health and safety responsibilities. In particular, if you
work in a sector where things are particularly busy prior to the
Christmas break, do ensure that the minimum breaks and time off
are observed.
Reform of sick notes
The Government plans to replace GP's sick notes with 'fit notes'
during the second part of 2009. These will focus on what people
can do rather than what they cannot. It is planned that these
will be produced electronically, rather than on paper.
At the same time, a national training programme is being
designed to help GPs deal with health and work issues and to
enable them to adapt the advice they give to help people stay in
or return to work.
The demise of 'fatal Friday'?
According to the Health and Safety Executive, the number of
accidents and injuries at work fell during 2007/08. Reported
significant injuries at work (resulting in absence of 3 days or
more) fell by 10% and major injuries declined by 5%. See:
www.hse.gov.uk/statistics/hssoct08.htm
And whilst past statistics have shown that more accidents happen
on a Friday, particularly between the hours of 4pm and 6pm, than
at any other time, the Annual Road Casualties report for 2007
shows a drop in deaths and serious injuries at peak times on a
Friday. AA road safety experts found that last year there were
fewer people killed or seriously injured on Fridays from 8am -
9am and from 5pm - 6pm compared to the average rates for the
same hours between Monday and Thursday.
The AA and Work Wise UK believe that this may be due to a change
in working patterns over the last eight years, in particular the
increase in flexible working. The AA analysed peak period
figures for accidents over the last eight years and found that
the 'Fatal Friday' phenomenon is on the decline. In the past the
higher accident rates were believed to be due to more traffic,
tired drivers at the end of the week and the 'Thank God its
Friday' effect leading to lack of concentration.
New on the website
We've added the following this month:
And finally.....
Some more statistics...
We're all working later.....
A new survey from the Age and Employment Network reports that
nearly two-thirds (63%) of job seekers aged 50+ believe they are
seen as too old by employers and just 13% thought the age
legislation had helped older people find work. However, in
apparent contradiction to this, the Office for National
Statistics (ONS) suggest that job hunting might actually get
easier when people reach retirement age. In the quarter to
August 2008, there were decreases in employment for all age
groups apart from those above retirement age (60/65+) who showed
an increase of 12,000. Employment rates for those above
retirement age reached a new high of 11.7%.
The ONS reports that the average age at which men who were
economically active at 50 withdrew from the labour market
reached 64.6 in Q2 2008, the highest level since this data first
became available in 1984. The equivalent figure for women was
61.9. Similar data compiled by the Organisation for Economic
Cooperation and Development (OECD) and the Pensions Commission
suggests that whilst average retirement ages had been on a
downward trend between the 1950s and mid-1990s, people have now
started retiring later.
Apart from those who may be hit by more
redundancies-------
The CIPD/KPMG Labour Market Outlook 'Redundancy Special' reveals
that more than a quarter of employers (26%) have contingency
plans to make new or further redundancies in the next twelve
months in addition to those already planned. Organisations who
have already made or planned to make redundancies in the next
three months are more likely to be considering further job cuts
in the next twelve months. We will all be aware from the daily
news headlines that redundancy activity has increased sharply in
recent months.
The majority of redundancies in both the private and
voluntary/not for profit sectors are compulsory (81%) in
contrast to the public sector where 62% are voluntary.
Half (50%) of the organisations surveyed offer redundancy pay
above the statutory minimum. The average cost of making an
employee redundant varies greatly across sectors: the average
payment in the public sector is £17,926, compared with
£8,981 and £7,629 in the private and voluntary sectors
respectively. The average payment across all sectors is
£10,575.
If you are facing redundancies, please note that in addition to
our usual advice and services, we have been running one day
career transition workshops for clients to help employees work
through the issues of redundancy or job loss. We cover all
aspects of the changed job market, including flexible smarter
working, where to look for new work/direction including
recruitment agencies, search, adverts, networking, how to apply,
preparing CVs, interviewing techniques etc. We also take a look
at self-development, personal coaching and finding new
directions in life. For further details please contact us.
Unemployment on the up....
The European Commission’s latest economic forecast predicts that
UK unemployment is expected to rise by about 1.5% in 2009, half a
percentage point more than the predicted EU average. The supply
of labour is also projected to increase at a slower pace,
reflecting reduced immigration.
UK unemployment is now at an 11 year high and is expected to
rise to at least above 2.25 million by next spring at the
latest. The CIPD expects the jobless total to eventually peak
just below the near 3 million mark reached in the 1990s
recession.
Average advertised salaries are down
Jobs search engine AllTheTopBananas.com has analysed 875,560
jobs published between May and October 2008 and found that the
average advertised salary offered has fallen by nearly
£9,500. The average advertised UK salary (including London)
is now £31,969, down from £41,397 pounds. The current UK
average advertised salary excluding London figures is
£27,969, down £3,371
But inflation will go down
However, inflation in the EU is expected to fall rapidly below
2.5 per cent in 2009 and 2.25 per cent in 2010.
Savings on benefits and expenses
A survey by the Institute of Directors found that around
one-quarter of employers are making cuts in staff entertainment,
including Christmas parties. In addition, it has been reported
that some employers are tightening up on their policies and
checking for misuse of their expenses policy, in particular taxi
use and mileage distances. Since research by GlobalExpense found
20% of staff admit to having exaggerated expense claims, while
one in 10 said it was likely they would do it again due to
economic difficulties during the festive season, this may be a
prudent move! The average amount added to an expense claim was
around £14.
But more spend on maternity pay
However, given that many seem opposed to the recent and proposed
increases to maternity pay and leave, we were surprised to read
that research by Incomes Data Services found that three-quarters
of the 115 companies they surveyed provided more than the
statutory maternity pay.
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