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Beware Changing Employment Regulation
February 2010
Businesses must be aware of ever changing employment regulations as they hire staff up to deal with the upturn, warns a leading Shropshire employment lawyer.
Charlotte Charlesworth-Jones, a specialist employment solicitor at Shropshire law firm FBC Manby Bowdler, says all employers should review their employment procedures and ensure they follow best practice.
"The most common mistakes which lead to employers losing at Employment Tribunals are quizzing potential employees about their family circumstances, asking for details such as age and disabilities on application forms, or making age specific statements on job adverts," says Mrs Charlesworth-Jones, who is based in FBC Manby Bowdler's Shrewsbury office.
"Persistent employee problems such as absenteeism and long term sickness need to be carefully managed something which has not been helped by the recent European Court judgement which gives employees who fall sick while on holiday the right to legally claim extra time off."
According to Mrs Charlesworth-Jones, even if they are following best practice, all employers are going to have to cope with even tougher employment regulations this year. For example, The Equality Act 2009 - 10 comes into force in October.
Mrs Charlesworth-Jones says: "This will harmonise and strengthen discrimination law, especially for pay and disability, and for claims where workers perceive they have been discriminated against.
The Act will also permit positive action so employers can choose between two equally-qualified candidates by legally selecting one from an under-represented minority.
"Later this year, businesses will also be forced to give agency workers the same equal basic working and employment conditions with comparable permanent employees, after they have been employed for 12 weeks.
"From April larger businesses will have to take account of the Apprenticeships, Skills, Children and Learning Act 2009, which will give employees the right to request time off for training. From April 2011, this will apply to all businesses."
To help organisations keep up to date with the latest employment and Health and Safety regulations, FBC Manby Bowdler has introduced FIREguard, a package of legal support and insurance against legal claims from employees. Further information about this, and all of FBC Manby Bowdler's employment services, is available from its Shrewsbury, Telford and Bridgnorth offices by calling 01743 266286.