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Regulations protect against harassment because of another person's religion
...provide information which would give it ammunition to justify taking action against a colleague on the grounds of his beliefs.The EAT concluded that Mr Saini could succeed with his claim for harassment on the grounds of religion or belief. The wording of the Employment Equality (Religion or Belief) Regulations 2003 is sufficiently wide to cover harassment or discrimination on the grounds of another's religion or belief. The EAT considered it clear that such interpretation is consistent with the aims and intention of the EC framework directive and also with the UK case law on the wide interpretation to be...
Case | 11 Nov 2008
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New protection for businesses from animal rights extremists
According to the July 2004 Government paper Animal Welfare – Human Rights: protecting people from animal rights extremists, a typical campaign by animal extremists can involve the publication of names, addresses and phone numbers of a company's directors, employees or shareholders, threatening letters, harassing telephone calls and criminal damage. A company's customers, supplier...
News | 23 May 2005
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The Social Network – 12 years of the Workplace Law Conference
...gement has morphed from being a periphery concern for many organisations to becoming the cornerstone of senior management strategy. Reflecting its importance, there will be more sessions than ever on environmental issues during this year's event, including environmental compliance, waste management regulations and the FM's role in sustainability. Of course conferences aren't just about the content, but also opportunities to network with colleagues. While there has been a massive growth in many forms of virtual communication during the past decade, like social networking sites such as Facebook and opportu...
Magazine issue | 1 Mar 2011
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Celebrating 35 years of the Health and Safety at Work Act
...Call 0871 777 8881 for more information Please recycle this magazine when you have finished with it. www.workplacelaw.net Latest | Legal calendar Legal calendar Important diary dates for the months ahead... SummER 2009 the Carriage of Dangerous Goods and use of transportable pressure Equipment Regulations 2009 come into force. These Regulations impose requirements and prohibitions in relation to the carriage of dangerous goods by road and by rail and, in so far as they relate to safety advisers, by inland waterway. 20826 the Equality bill will continue its progression through parliament. The Bill, ...
Magazine issue | 7 Jul 2009
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You say harassment; the law says banter
...stile and all too intimidating. The recent case of English v Thomas Sanderson Blinds (English) explores whether or not alleged homophobic banter directed at a man who was neither gay nor erroneously believed to be gay could amount to discrimination under the Employment Equality (Sexual Orientation) Regulations 2003. Having concluded that this was not unlawful harassment, the case also considered whether the Regulations correctly implemented the EU Equal Treatment Directive (the Directive), which covers sexual orientation and concluded it didn't. The facts Mr English was an agency worker for Thomas Sander...
News analysis | 4 Mar 2008
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No smoking? Employers face the costs of kicking the habit
... LEGAL UPDATE P22 26 CASE LAW Workplace Law's panel of legal experts comment on the implications of important cases breaking the news this month 28 TECHNICAL UPDATE 33 CLINIC 34 ANALYSIS Comprehensive legal guidance on Data Protection: dealing with staff health issues; Work at Height: the new Regulations; and Part M (2004): access to and use of buildings Solutions to your workplace legal queries Research reveals that, of all causes of employment disputes, bullying is considered one of the least likely to be resolved internally by employers, and one of the most likely to lead to employment tribuna...
Magazine issue | 1 Apr 2005
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Internships – Are you breaking the law?
...ce Law Network Exploitation or opportunity? The net value of unpaid interns inside this issue MAY/JUN 2011 Issue 60 Wheels come off Kelvin Reynolds of the BPA on how the Government needs to clarify plans to ban wheel clamping. Page 22 Fire proof CPd surplus to requirements New Waste Management Regulations explained. Page 28 Comment: Why Workplace Law supports the Yes to Fairer Votes Campaign. Page 45 Legal update: The Coalition Government's Red Tape Challenge. Page 16 Plus: News and case round up of the leading FM, health and safety and HR stories ... The Warwickshire case demonstrates that fire ...
Magazine issue | 3 May 2011
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Dealing with bogus claimants
...g Network members' views on the Workplace Law site during the past weeks. 34 A TO Z OF AbSENCE MANAGEMENT PART 1 In the first of a special two-part series on absence management, Pam Loch looks at general and family-related leave. 10 FM LEGAL UPDATE Air conditioning put to the test with two new Regulations; and Noise Abatement Notices is noise becoming an issue in your area? 22 MEETING OF MINDS Controversy over air conditioning inspections, a dramatised PACE interview, and a series of brand new films were just some of the ingredients that went into the 11th annual Workplace Law conference and din...
Magazine issue | 1 Mar 2010
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Sexual orientation and the workplace
...two year anniversary of the introduction of the Civil Partnership Act 2004 ("CPA"). This groundbreaking law enables same sex couples to enter into a civil partnership, thereby providing legal recognition of the relationship. Running alongside the CPA are the Employment Equality (Sexual Orientation) Regulations 2003 (the "Sexual Orientation Regulations") which have been in force since 1 December 2003. The Sexual Orientation Regulations prohibit discrimination against employees in the work place on the grounds of their sexual orientation. The Sexual Orientation Regulations follow a similar pattern to the m...
News analysis | 11 Jan 2008
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£20 if you can prove you’re competent
...he implications of recent case law. Clinic 32 Should I ban the wearing of open-toe shoes in the office for health and safety reasons? Technical guidance 28 Analysis 34 P24 istockphoto.com Stress in the workplace: Protection from Harassment Act 1997; Immigration update; and an overview of energy regulations for UK business. Employees' attitudes to data theft workplacelaw 3 New course dates for 2007 Sign up today Workplace Law is the specialist advisor to the BIFM on employment law, health and safety and premises management Managing Safely Certificate NEBOSH National General Certificate Venues a...
Magazine issue | 1 Nov 2006
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A new age?
...es the implications of recent religious discrimination cases. Page 24 Virtual office Out with the old Suzanne McMinn with HR guidance on the end of the Default Retirement Age. Page 30 Comment: Those breaching safety rules must pay their way, says the HSE. Page 9 Legal update: The Agency Workers Regulations 2010 finally come into force in October. Page 16 Plus: News and case round up of the leading FM, health and safety and HR stories ... Social networking has grown faster than the policies to control it, says Roger Byard. Page 27 workplace law health and safety Accredited Centre Contents In this...
Magazine issue | 5 Sep 2011
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ETs on the rise
...legislation. 08 CASE LAW you take part. you decide. Till workers seating decision sets industry precedent; and Gangmaster investigation reveals record failures. COntinuinG PROFessiOnAL deVeLOPMent 30 CDM GUIDANCE Maria Anderson and Simon Toseland explain the Construction (Design and Management) Regulations (CDM), with tips on how to ensure compliance. 40 CLINIC Workplace Law members ask the experts for advice on key management issues. netWORK 42 FORUM FOCUS Reflecting Network members' views on the Workplace Law site during the past weeks. 09 COMMENT Lord Young's review should advise we invest adeq...
Magazine issue | 1 Sep 2010
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Sweeping changes
...ly 2010 Workplace Law Executive Centre, London SEISMIC SHIFT As predicted in the last issue of Workplace Law Magazine, the handover of power from a Labour administration to that of the Lib-Dem / Conservative Coalition has resulted in a seismic shift in attitude by the Government towards employment regulations and health and safety. The employment news stories on p.13 including a proposed action plan to end excessive regulation, and the recent decision (p.6) to halt the vetting and barring scheme are examples of the Coalition's intention to roll back, where possible, the power (some would argue, in...
Magazine issue | 1 Jul 2010
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The world in your hands?
... Raja on the key issues that employers need to be aware of when considering whether TUPE applies and the obligations it imposes on employers. 44 CLIENT FOCUS: KEEPING ThE ChAPS SAFE How Workplace Law Consulting has helped a busy heating and mechanical services company meet its duties under the CDM Regulations. 22 ThE PERSONNEL TOUCh Sara Bean talks to Ali Moran, HR Consultant for Workplace Law, and Chair of the new BIFM People Management Special Interest Group (SIG). emPLoyment uPdAte 13 NEWS Employers face tough 2010; and Council found in breach of the Data Protection Act. teChniCAL 38 ThE DATA HSE:...
Magazine issue | 8 Jan 2010
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The Diversity Dilemma
...ite. Workers were exposed to potentially deadly fibres which were also carried on their clothes and into their homes, vehicles, onto public transport, and may have contaminated the general public and their own families. A & T Roofing Ltd pleaded guilty to Regulation 3(1) of the Asbestos (Licensing) Regulations 1983, and Sections 2(1) and CASES IN BRIEF Takeaway boss fined for cockroach infestation A takeaway owner has been fined £13,792.50 for food safety violations. Environmental Health Officers said the cockroach infestation was the worst they had seen. Fakhra Shaheen owned the Kinara Express takeawa...
Magazine issue | 2 Nov 2009
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Changes to Workplace Law Magazine
... redundancy payments, and payments made by the Secretary of State out of the National Insurance Fund on an employer's insolvency, from £350 to £380 per week. 19847 OCTObER 2009 1 October 2009 is a common commencement date: all of the following come into effect on 1 October. National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 come into force The National Minimum Wage will rise from £5.73 per hour to £5.80 per hour. The development rate will increase from £4.77 per hour to £4.83 per hour, whilst the rate for employees aged 16 to 17 increases from £3.53 to £3.57 per hour. The Regula...
Magazine issue | 1 Sep 2009
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I don’t believe it: Update on religion and belief discrimination
...ieve it: Update on religion and belief discrimination Introduction There have been a spate of Employment Tribunal discrimination claims in recent months on the grounds of religion and belief, and these are unlikely to decrease following the amendments to the Employment Equality (Religion or Belief) Regulations 2003 (`the Regulations') by the Equality Act 2006. The Regulations make it unlawful to discriminate against people in employment or vocational training on the basis of their religion or beliefs. The Equality Act 2006 amended the definition of discrimination and widened its scope to include the prov...
News analysis | 24 Jun 2009
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Equality Bill: the details
The Equality Bill, which is planned to take effect from Autumn 2010, will replace the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, much of the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Age) Regulations 2006, and the Equality Act (Sexual Orientation) Regulations 2007 (where applicable, as subsequently amended), plus other ancillary pieces of legislation. Although most of the current discr...
News | 28 Apr 2009
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48: How the 48-hour working week could push employers to the max
...ws now the votes have been cast (p.20). As well as considering the possible future of the legislation in this issue (p.12), we also take a closer look at how having limits on working time has affected those in the haulage sector (p.16) following the introduction of the Road Transport (Working Time) Regulations 2005. What about the issue of whether `on call' time is working time? A confusing area of the current Regulations is straightened out on page 9, whilst another concern for employers and managers whether using Blackberries at home constitutes working time is considered on page 26. Whatever hap...
Magazine issue | 5 Feb 2009
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Identity charade
...s' liability insurance certificate will be changed so that the requirement will be satisfied if the certificate is made available in electronic format and is reasonably accessible to relevant employees. 15626 27 october The fixed Term Employees (prevention of Less favourable Treatment) (Amendment) Regulations 2008 come in to force, meaning all agency workers will be eligible for Statutory Sick Pay in the same way as other groups of employees, whether they are indirectly or directly employed and regardless of the length of their contract. 15467 17 september Workplace Law's Building Regulations One-Day L...
Magazine issue | 3 Sep 2008
