Some thoughts for employers
A good example of where the employment law has changed and may give rise to indirect discrimination issues is the law on flexible working. From April 2003 parents have a legal right to ensure that a request for flexible working arrangements, such as part time work or even work at home, must be taken seriously by an employer. The employer should arrange a meeting with the employee making such a request and then consider whether to allow it.
There are various grounds on which an employer can lawfully refuse a request, such as:-
- Cost
- Customer service continuity
- Disruption to working environment
- Type of employer - size, available resources and the demands of the business
Clearly, a small business that requires full time staff is not obliged to put in place a job share. However, you need to at least look into the possibility - could you get another employee, how easy would they be to find, how would the role divide between two people? All of this need not be a burden for employers - they can view it as an opportunity to have a more effective workforce. However, it is vital to keep proper records on how decisions are reached so it may increase you paperwork. In particular, employers should be wary of offering flexible working arrangements to one person but not to another, even if the jobs seem different, unless there is a very clear reason for not doing so.
If you have an Employment Handbook, your policy on Equal Opportunities (including harassment, grievance procedures, maternity leave, parental leave and flexible working) should be set out in this. If you are concerned that your business does not comply you can go to the internet for help from government web sites. If you would like a more personal and direct approach then please feel free to contact us at info@employmentlaw.co.uk
CASE STUDY
The employment solicitors at employmentlaw.co.uk acted for a well known recruitment company in a potential disability discrimination case.
Recruitment consultants have highly powered and stressful jobs and whilst they are very hard working, some consultants work hard and play hard and can be assertive to the point of being aggressive in the workplace. Our client employed a highly successful consultant whose behaviour at work became increasingly erratic. He had always had a habit of turning up late on some days, but this occurred with increasing regularity and, on some days, he seemed to forget to wash, change his clothes or shave, leaving his colleagues having to tolerate poor body odour. On other days he would be in the office at 6.30 am and work until late before going out for drinks. As he was so successful, these faults were noted and comments made but little else was done until the owner of the business, Jay, decided to have a quiet chat. The consultant told Jay that he had been diagnosed with bipolar disease. Jay, with the consultant's permission and following our advice, told his line manager and a plan was agreed to help the consultant if he needed time off work.
Over the next month the consultant became more and more rude to both his colleagues and clients. Eventually, he phoned Jay one weekend under the influence of alcohol and resigned, stating that he was no longer accepted because of his bipolar disorder and he would sue. Jay asked him to think it over but the consultant did not turn up for work on Monday. When he did turn up for work on Tuesday, he stank of alcohol, which prompted Jay to call us for advice. We recommended he be sent home immediately but still be allowed a cooling off period.
Eventually, Jay did leave our client's company and never made a claim.
TESTIMONIAL
I found it helpful to know Andrej and Ruth were always at the end of the phone with practical calm advice. Most of it was common sense but this was a new issue for me and I wanted the comfort of expert advice.