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Archive for the ‘Equal Pay’ Category

Sexism in the City

By Sarah - Friday, June 27th, 2008

Equality minister Harriet Harman has set out her plans for the equality bill.  You can watch her speech here.

In summary, the plans are designed to stamp out the pay divide and will be brought about in three ways:

1. In the use of the proposed Equality Bill.

2. By using secondary legislation.

3. By action in by the newly formed Equality and Human Rights Commission.

It would take another 80 years, Harman says, to equalise pay so they are going to make it compulsory for companies to report on equality issues by gender pay for their employees to see in the same way that hospitals and schools publish league tables on waiting lists and exam results.

The plan is to bring equality in five ways.  Firstly be using the public procurement process.  Presumably this will mean it will be harder for companies to secure public sector contracts unless they are seen to be good role models. 

Secondly, they will outlaw clauses in the employment contracts which prohibit employees from talking to one another about their pay.  Some employers use these clauses not to allow a gender divide but to stop those in similar positions finding out each others salary to get into a bidding war.

The third measure is to give the Employment Tribunal extended powers to make recommendations not just in relation to the successful complainant but to all affected employees.  Whether this will extend their powers in the same way as protective awards remains to be seen.

Next the Equalities and Human Rights Commission is to use its statutory powers of investigation.  Harman says that they will start with the financial sector in a bid to outlaw sexism in the city.  This is something this firm has seen first hand for one of its employees against a large UK plc (and won I hasten to add!)

The final measure relates to the reporting provisions I have set out above.  It therefore appears that we have some important changes to employment legislation on the horizon so watch this space for further updates.  We will also be launching our Employment law training programme in early July which will enable you to keep up to date. 

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NHS in the news

By Sarah - Wednesday, January 16th, 2008

The NHS have been in the news twice this week in the employment field.  The first employment issue was that NHS staff could be disciplined for failing to wash their hands or failing to take infection control seriously.  The Government has lauched a new strategy called “Clean, safe care” which will see employers and unions working together to determine how HR processes can be used to cut infections.

Secondly, you may or may not have heard of Agenda for Change.  I certainly have as this was relevant for one of my recent cases of Unfair Dismissal (successfully won) against an NHS Trust.  In typical public sector style it is a complex mechanism and is still largely strouded in secrecy.  Our Practice Manager herself went through Agenda for Change before she left the NHS to join us and has such fond memories! 

Well the NHS is facing a landmark test case, which could pave the way for hundreds of thousands of equal pay claims.  The test case will attempt to prove that Agenda for Change was flawed when it was introduced in 2004.  It was supposed to be an equal pay deal reflecting skills and knowledge.  The allegation is that it was instead based on salaries before Agenda for Change, which were discriminatory. 

The first case is set to be heard before the Newcastle Employment Tribunal towards the end of 2008.  The test case will argue on behalf of the claimants that the policy is based on discriminatory principles and will try to force the NHS to re-examine Agenda for Change.  The NHS argues that the Agenda for Change principle was agreed between the unions, the Department of Health and the NHS.  If successful, the challenge could open the floodgates for equal pay claims in the NHS.  As always watch this space.

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