Surviving the credit crunch with equality and diversity – prepare for recovery!
In a declaration that it is “here for everyone – here for business”, the Equality and Human Rights Commission have just published a punchy guide headed “managing the downturn and preparing for recovery.” With a strong and positive emphasis on the benefits of flexible working, the guide threads equality law and diversity issues into the hard headed and difficult decisions having to be made in the current economic climate.
The guide takes readers through:-
• Making compulsory redundancies- definitions and process
• Exploring options to redundancies - three key alternatives
• Doing it right – criteria, consultation, support and appeals
• Difficult questions – with straightforward answers!
• A Redundancy Pay Calculator - for two and over two years service
• The benefits of a flexible approach - five proven models
The guide rounds off by signposting sources of further business or legal support. All packed into 29 pages.
Contact the Commission on one of their help lines – 0845 046 610 – or via their website: - www.equalityhumanrights.com
The ISBN reference for the guide is ISBN 978 1 84206 091 9 – “Managing the downturn and preparing for recovery”.
But RBS suffer £206,000 landmark equality ruling in Sheffield
Notwithstanding their current arguments with government, the Royal Bank of Scotland’s Sheffield branch has just lost an important disability discrimination claim from one of their customers. It is a landmark ruling with wide implications.
David Allen, a teenager with muscular dystrophy, launched legal action after the bank failed to implement wheelchair access at their Church Street branch in the city. An injunction was granted to force the bank to make adjustments to its premises. The case is an important reminder of the sanctions which can be imposed for non compliance with the Disability Discrimination Act. The adaptations will cost the bank £200,000. Additionally, Mr Allen was awarded £6,500 for the embarrassment caused by his treatment. That too is a landmark- it is the highest ever compensation award for this type of case.
The bank had argued that the alternative methods of service offered to Mr Allen were a justifiable defence against having to make a reasonable adjustment to their property. These alternatives included internet banking, using a different branch or discussing his finances in a venue outside his local bank. It is notable that the RBS did not seek to justify its actions by arguing that the costs of £200,000 would be disproportionate. Usually that would be a plausible argument but the decision making processes used by RBS were simply not sufficient in this case to be used as evidence. This case highlights the critical importance of keeping clear and comprehensive records when access issues arise. This will help to prove that “careful consideration” has been given. If no physical alterations are to be made, the records will show how the decision has been reached. In the absence of documented records, courts are much more likely to order that physical alterations should be made as well as ordering compensation.
800 buses with “No God” adverts spark protest from Christian driver
An evangelical Christian bus driver from Southampton refused last month to drive any vehicle bearing an advert from a UK wide campaign aimed at persuading more people to “come out” as atheists.
There are estimated to be approximately 800 buses carrying the advert which reads:-
“There’s probably no God – now stop worrying and enjoy your life”
Mr Ronald Heather, the driver, said he was “aghast” when he realised that on one of his shifts he would have to drive one of the buses carrying the slogan. He walked out in protest. Describing the advert as an “attack on people’s faiths”, Mr Heather said that a lot of his passengers were very elderly and that to tell them there was no God seemed very insensitive. He later agreed to return to work on the condition that he would drive the buses only if no other vehicles were available. Other passenger transport authorities across the country have reached a similar compromise.
The organisers of the campaign said that they “fully accepted and respected” the rights of all other belief systems to advertise peaceful messages. They hoped that those with different viewpoints would extend them the same freedom.
The Advertising Standards Authority has reported that it has so far received 231 complaints about the bus adverts.
QED Training has published a short free briefing based on three recent religious belief cases involving Tesco, the Islington Borough Council and Strathclyde Fire Service. These cases help to illustrate the tension that there can often be between genuine religious beliefs and the business requirements of an organisation. Get in touch for a copy on qed.training@ntlworld.com.
Polish Ambassador & UK Health Executive join forces
A top level meeting last week at the Polish Embassy with their First Counsellor and the Health & Safety Executive (HSE) brought about a powerful joint declaration. The call has gone out to Polish workers to report any poor working conditions. Additionally, the HSE says it will continue to raise awareness within the Polish community of how it can help them. A recent survey indicated that the largest single group of migrant workers is from Poland, accounting for 2% of the workforce in Britain. Construction is one of the biggest employers of Polish people with over 2.3 million from all communities working in the sector. The HSE website has already prepared a number of guidance leaflets for all industrial sectors, with many translations available. There have also been local campaigns with some outreach work. In a statement, the HSE said “we care about the health and safety of all workers, including those from abroad. Any health and safety system should take account of individual differences and needs – a “one size fits all” system is not sufficient”.
Sick Notes to be abolished in 2010
The 60 year old “sick note” is to be scrapped next year. The government have announced that sick notes will be replaced by “fit notes” which will allow GPs to state what kind of work their patients are able to do, as well as what they cannot do.
In a statement, the Health Secretary has said the new notes will be introduced in 2010. Examples of how the new procedure would work have also been provided:-
“An employee who suffered a broken ankle would probably still be able to operate a computer and carry out many desk jobs.”
The government have confirmed that with this hypothetical example, as with others, alternatives around flexibility could and should still be considered. In terms of the broken ankle example, a doctor could still state that an employee should be given the chance to work flexi-time in order to avoid rush hour travel and the possible further risk of injury or difficulty.
The new procedure builds on the welfare reforms, profiled in some of last year’s newsletters, and are part of the drive to encourage doctors and employers to work together to help people with a disability or long term medical condition. The government say that job retention in these periods of unemployment is a key driver for the new package. Last year sick leave was estimated to have cost the economy in excess of £100 billion, with the associated loss of 172 million working days.
Stress/Risks/Health and Safety-New Courses – New Colleague!
We are delighted to welcome Kieran Duignan of “Simply Enabling” in Croydon to our growing associate network. Kieran is a specialist in a wide range of health and safety courses listed below. A chartered occupational psychologist, Kieran is an Associate Fellow of the British Psychological Society (BPS) and a Chartered Fellow of the CIPD.He is registered with the Centre for Registration of European Ergonomists and with the BPS Register of Occupational Testing. His training dwells on communications and information management as well as technical standards, legal requirements and HSE-Approved Codes of Practice. Kieran has produced a free briefing on all the titles listed below. We will be happy to send you full details and direct contact details for Kieran.
• Assessing risks to disabled and older workers
• Five steps to sane management of health and safety at work
• Assessing risks to people handling loads manually
• Assessing risks to users of display screen equipment at work
• Assessing risks to users of work equipment
• In place of unhealthy stress at work
• Controlling voice stressors in call centres

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