The Equality Act

The Equality Act 2010 came into force on the 1st October 2010 and repeals or revokes previous regulations or legislation governing anti discrimination law.  Its introduction is with a view to ‘harmonising’ the existing law rather than materially changing its provisions.

The new legislation introduces the concept of ‘protected characteristics’ which include age, disability, sex, sexual orientation, race, religion or belief, gender reassignment, marriage and civil partnership, pregnancy and maternity.

The legislation now focuses on the protected characteristic rather than the protected person with the result that what now matters is whether the less favourable treatment is because of a protected characteristic. It is not now a case of whether the recipient of this less favourable treatment is the one possessing the protected characteristic.

A particular point of interest to employers includes pre-employment health questionnaires. The common practice of asking job applicants to complete a health questionnaire as part of the job interview process may now be unwise. Whilst asking health related questions about the job applicant’s health is not unlawful discrimination, anything the employer does in reliance upon the information given might be. Asking health related questions may also lead to an investigation by the Equality and Human Rights Commission.

For further information contact De Marco Hunter Solicitors

Dismissal by post

In Gisda Cfy V Barrett, Ms Barrett was dismissed by a letter sent to her home address following disciplinary action.  The letter was dated the 29/11/06 and sent by recorded delivery.  The letter was delivered on the 30/11/06, however Ms Barrett did not open and read the letter until the 04/12/06.  A question arose as to whether her employment tribunal claim was presented within the 3 month statutory time limit and this fact hinged on when the effective date of termination was; namely the date she received the letter communicating the dismissal, or the date upon which she read the letter.

The Supreme Court has confirmed that where an employee is dismissed by a letter sent to their home address, rather than in person, providing the employee has not gone away to deliberately avoid receiving the letter or else avoided opening the letter, the effective date of termination is when the letter is read by the employee.  This case confirms that the date the letter is written by the employer is irrelevant, or indeed the date it is delivered to the employee is irrelevant.

For further information contact De Marco Hunter Solicitors

Social Media

I have been looking at social media and how it can assist in business. Obviously, as with any internet based tool it can have positives and negatives.

De Marco Hunter Solicitors recently delivered a seminar to local businesses on social media in the workplace.  Many employers are now monitoring employees’ useage of various social networking sites and often employees are totally unaware that their “posts” can be visible from a very simple google search.  Employers also use the internet as a tool during the recruitment process.  It is amazing what a Google search can show.

Think before you post an update.  It can often save considerable embarrassment later on.

On the positive side, social media can be a very powerful networking tool. Just think of the time you save by not having to travel all over the country to meet new contacts and clients. That’s not to say that I would like to do away with face to face networking and meetings as I believe that building relationships over a period of time is an excellent way to gain business and enhance client satisfaction.

I have seen some really good examples of networking.  Unfortunately, I can share many instances where I have seen bad networking practices.  However, if you follow some very simple rules networking can be extremely beneficial and assist in the growth of your business.

For further information about our Social Networking Seminar for Employers contact De Marco Hunter Solicitors