OUR TOP TEN FOR 2004 - COBBETTS EMPLOYMENT LAW YEAR REVIEW

It was a busy 2004 for employment law so here is our rundown of the top ten developments likely to impact on readers of Employment Matters. In line with the Government’s attempts to make changes more predictable, even if in timing only, many took place on the “red tape” days, 6 April and 1 October, and these will again be the main dates to watch in 2005. It is vital that employers are aware of these changes so they can plan, review and update their procedures to ensure compliance. In this, our first Matters of 2005, our checklist should ensure there is nothing you have missed.

The New Statutory Dispute Resolution Procedures

Every employer, even those with less than 15 employees, will now have to comply with these Procedures. A new minimum standard has to be met in certain disciplinary or dismissal situations and employees required to lodge a grievance before making some employment tribunal claims. The Government’s aim is to encourage employers and employees to resolve their differences without recourse to employment tribunals. Employers who do not play ball could face automatic unfair dismissal findings and increased compensation payouts of between 10% and 50%. Equally, employees who do not use the new procedures may have employment tribunal claims blocked or compensation reduced. Do not forget that the rules affect individual redundancies and compulsory retirement – not only performance or conduct issues.

Changes to the Disability Discrimination Act 1995

The final part of the Act came into force on 1 October 2004, so that providers of goods and services to the public will now have to consider adapting their premises to facilitate access to all. In addition to these well-publicised changes, the employment provisions of the DDA have also been altered. There are new definitions for discrimination and harassment, the removal of the exemption for businesses with fewer than 15 employees and the justification defence for direct discrimination and failure to make reasonable adjustments.

Also in the pipeline is a new Disability Discrimination Bill, which came before the House of Lords on 29 November 2004, and will extend the definition of disability. HIV, multiple sclerosis and some types of cancer will be disabilities, regardless of whether or not there are, subject to certain exceptions, any symptoms. Further, a mental impairment need not be “clinically well recognised” to be a disability. It is anticipated that these provisions will give 175,000 people protection under the DDA.

This is without doubt an area to watch in 2005.

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