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theHRDIRECTOR INTERVIEW
This issue we speak to David Smith
HR Director for LV=

FEATURES

HR Technology
Management Development
Time Management

FEATURING

Wayne Cartensen, Capgemini
Colin Day, iCMIS
Bob Gibbon, National Skills Academy
Cathy Monaghan, PES
Phil Hooper, Ericsson
Midland HR
Investors in People
CASE STUDY: Orange and CM Group
CASE STUDY: Liberty Living and R&A
CASE STUDY: Global Integration

Legal Updates

Our Legal Updates are supplied by theHRDIRECTOR Editorial Panellist, Makbool Javaid, partner, Simons Muirhead & Burton. They comprise Employment Law and Diversity Briefings, both of which provide the latest information for senior HR practitioners.

Below is a snapshot of this month's Legal update, to read the full artcle please click the relevant paragraph...

Employment Law Briefing:

Turbulent times ahead but employee engagement will save the day

The CIPD's latest survey of employee relations, ‘Survey Report Employment Relations 2008' reveals that more organisations are being affected by increasingly turbulent employment relations, to a large extent linked to the credit crunch. Eight out of ten employers cite pay as the reason for recent strike action.
Employment tribunal respondents' details to be published

The Information Commissioner has ordered the Department of Business Enterprise and Regulatory Reform to disclose details of respondents to all employment tribunal claims lodged since October 2004. The order is the result of a decision of the Information Commissioner who found that, on balance, the public interest was best served by disclosing the information.
Consultation on extension of rights to time off for public duties

A consultation on extending the number of roles which benefit from the right to take time off for public duties, e.g. to members of probation boards and youth offender panels, has been published by the Department for Communities and Local Government.
Dates announced for changes to employment tribunal rules

The dates for a number of changes to employment tribunal rules have been announced which include reducing the qualification period for employment judges from 7 years to 5 years, allowing non-employment judges to sit in employment tribunals and allowing for the direct enforcement of tribunal awards.
Acas and CIPD guidance on mediation for employers

Acas, in conjunction with the Chartered Institute of Personnel and Development (CIPD), has issued a guide to employers on conducting mediation: ‘Mediation: An Employer's Guide'. The guide aims to provide practical help in deciding whether, and in what circumstances, mediation may be suitable, and draws on the experiences of a number of companies.
Protection extends to whistleblowing on non-employer failings

In Hibbins v Hesters Way Neighbourhood Project the EAT overturned a tribunal's decision that the whistleblowing legislation only provides protection where the disclosure relates to malpractice by the individual's employer. The EAT held that the legislation may also protect disclosure relating to malpractice by a body other than the individual's employer.
Clear and unambiguous words constituted effective resignation

In Ali v Birmingham City Council the EAT held that where clear and unambiguous words have been used by an employee in the process of resigning, then only in exceptional circumstances can such a resignation be found not to be valid. Ali had used clear terminology and had not resigned in the heat of the moment, therefore his resignation was effective.
Stress-related personal injury was reasonably foreseeable

In Dickens v O2 plc the Court of Appeal held that O2 was liable for stress induced personal injury suffered by one of its employees. The injury was reasonably foreseeable. The employee had previously complained about the stress of her job. In the circumstances, O2 had been negligent as it should have sent Mrs Dickens home pending urgent medical investigation.

Diversity Update:

CIPD research shows benefits of diversity are not being promoted

A new CIPD sponsored book, Managing Diversity and the Business Case, shows that diversity management in the UK remains superficial at best, with the majority of employers just fulfilling their legal obligations. 60% of those surveyed rank legal pressure as the most important motivation for implementing diversity policies and practices.
Minister announces support for councils to deliver equal pay

Local Government Minister John Healey has announced action to give councils the financial flexibility they need to speed up meeting their long-term commitments to achieving equal pay for staff. The decision gave the green light to 34 councils to raise £455m to meet equal pay liabilities, either by borrowing against, or selling, assets.
EU Commissioner plans to increase maternity pay and leave

A draft amendment to the Pregnant Workers' Directive which will entitle women to receive maternity pay equivalent to their normal salary for 18 weeks and increase compulsory maternity leave to six weeks has been drawn up in readiness for consideration by EU Commissioners this month.
Microsoft adopts bonus scheme to promote diversity

Microsoft has launched an innovative initiative that uses a "pay for performance" approach to enhance diversity in the legal profession. The new Law Firm Diversity Program will pay firms a bonus if they achieve diversity targets. Microsoft has created two alternative diversity goals, and each firm can choose which goal it wishes to use.
EU improves delivery of online equality information

A new website on employment, social affairs and equal opportunities has been launched by the European Commission. The site aims to explain how European Union policies benefit citizens. It also provides more detailed and technical information on a wide variety of diversity issues for policy makers, organisations and individuals
£280,000 awarded for disability discrimination

In James v The Chief Constable of Norfolk, a tribunal awarded £280,000 to a police officer who would have completed his career in the service if reasonable adjustments had been made. It was not unreasonable for the officer to have been offered other posts rather than being retired on ill-health grounds, which occurred in order to help meet Government targets regarding "front-line" policing.
Enhanced redundancy pay scheme not justified

In Galt & Others v National Starch & Chemical Limited, a Tribunal held that the employer had failed to justify its use of enhanced redundancy payments which had been calculated on the basis of age and length of service but which did not mirror the statutory redundancy payment scheme and which did not, therefore, fall within the exemption to unlawful acts provided by Regulation 33 of Employment (Equality) Age Regulations 2006.
Unexpected emergencies do not mean sudden crises

RBS v Harrison, the EAT ruled that entitlement to ‘emergency' dependent leave under s.57A(1)(d) of the Employment Rights Act 1996 because of the unexpected disruption or termination of care arrangements for a dependent child, is not limited to last minute unavailability or emergencies.