“Ditch the Bitch”

Brookman Divorce Solicitors in London created a low budget ad campaign putting posters carrying the above in men’s washrooms in the City of London and, presumably not to discriminate, an “All Men are Bastards” poster in ladies’ washrooms.

The campaign generated enormous publicity for the solicitors. There was one complaint to the Advertising Standards Authority. The Law Society decided that the advertising campaign did not bring solicitors into disrepute. How times are changing!

Updates to
Employment Law 2007

Work Life Balance – 1

The Working Families Act 2006 amends the Social Security Contributions and Benefits Act 1992 and Employment Rights Act 1996

• You will need to amend your policies for mothers who gave birth on or after 1 April 2007 to allow as follows:
  • Increased Statutory Maternity Pay (SMP) and Statutory Adoption Pay (SAP) and Maternity Allowance: from 26 weeks to 39 weeks.
  • Remove the Qualifying Period for Additional Maternity Leave (AML)
• Previously all pregnant employees could have 6 months Ordinary Maternity Leave (OML) but only employees with 26 weeks service at the end of the 14th week before the expected week of childbirth qualified for a further 6 months AML
• Now all employees giving birth after 1 April 2007 will qualify for 12 months maternity leave, regardless of their lengths of service.
  • A woman wishing to return early from her 12 month entitlement to maternity leave will have to give at least 8 weeks notice – ie 56 days up from 28 days.
  • Employees on maternity leave can agree to work up to 10 days during their statutory maternity leave without bringing relief to an end
• These are “keeping in touch” days.
• They can be taken at any time during maternity leave other than during the 2 weeks compulsory leave immediately following the birth
• “Reasonable contact” – it has now been made explicitly clear that an employer can have contact with the employee whilst she is on leave. I suggest the best practice is to institute a policy whereby the employer and the employee agree the level of contact that will be expressly included such as alerting her to opportunities at work, to discuss the return to work, to inform of important developments – but it is important that the contact is not excessive or intrusive.
• From 6 April 2007 the right to request flexible working extends to care for dependent adults
• What is a carer? An employee who expects to be caring for a person aged 18 or over who is either:
• Married to the employee
• Civil partner of the employee
• Relative of the employee
• Living at the same address of the employee
• Relative includes mother, father, adopter, guardian,parent-in-law, step-parent, son, stepson, daughter, stepdaughter, brother, stepbrother, brother-in-law, sister, stepsister, sister-in-law, uncle, aunt or grandparent

Work Life Balance – 2

• Age Discrimination – amend your Age Discrimination Policies:

As from 6 April 2007:

• An employee can initiate a grievance under statutory grievance procedures where they consider disciplinary action constitutes age discrimination;
• A dismissal is now unfair where the reason for the dismissal is an employee has exercised or tried to exercise their right to be accompanied (or to accompany someone) at a meeting to request working beyond the intended retirement date;
• Confirming that age discrimination claims are exempt from the requirement for the 13-week fixed conciliation period.
• The Advocate General has given a report to the European Court of Justice in a Spanish case that statutory provision allowing retirement at 65 and allowing employers to refuse work to those over 65 do not contradict the relevant European Directive

Equality

• Amend Policies to show that 30 April 2007 absence of a particular religion or belief is also protected.

• 8 Bank Holidays per year will be added so that the amount of leave is 28 days up from 20
• Note that there will be no statutory right to take leave on a Bank Holiday
• The present proposals are the entitlement would be increased in two stages rising to 4.8 weeks (24 days) on 1 October 2007 and 5.6 weeks (28 days on 1 October 2008)

The Smoking Ban (1 July 2007) – 1

• Applies to smoke-free premises
• Premises are smoke-free if:
  • used as a place of work by more than one person (even intermittently)
  Or
  • where customers may have access
  • "Premises" includes all enclosed and “substantially enclosed” public places and workplaces – for instance, a marquee at the race course will be smoke-free premises
• Applies to all smoke-free vehicles which are used:
  • to transport members of the public
  • in the course of paid work by more than one person – does not matter whether or not people are in the vehicle at the same time
• Vehicles primarily used for private purposes are not required to be smoke-free
• Signage
  • Required in all smoke-free premises and vehicles
  • For smoke-free premises signs must be a minimum A5 displaying the international no smoking symbol with the words “No Smoking. It is against the Law to smoke in these premises” and must be at every public entrance to the building.
  • The smaller sign can be used at entrances where only staff have access
  • Smoke-free vehicles must show the international no smoking symbol of at least 70mm in diameter in each compartment
  • You can change the sign so that it reads “This gym …”
• Smoking Shelter
  • No obligation to provide
  • Outside smoking shelters must not be enclosed or substantially enclosed
  • Employers should consult with the local authority on their designs and obtain Planning Permission and Building Control where necessary
• Fines
  • Smoking in smoke-free premises – £50 Fixed Penalty or a fine of up to £200
  • Failure to display no smoking sign – Fixed Penalty Notice of £200 or fine not exceeding £1,000
  • Failure to prevent smoking – fine not exceeding £2,500