Rank: Forum user
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Below are some employment law provisions that are expected to come into force this year that might be of interest to health and safety practitioners. Links to the Equality Act are readily available via most of the big search engines if people want to have a more in-depth look:
4 April 2011 – Single Public Sector Equality Duty in force:
Single public sector equality duty in force on 4 April covering race, disability, gender, age, sexual orientation, religion or belief, pregnancy ,maternity and gender reassignment. Regulations are to be issued in April 2011 covering general and specific duties. Public bodies will have an extra year after that to publish equality objectives and whether they are being met.
6 April 2011 - Right to request flexible working extended:
Parents of children under 18 years can ask to work flexibly if they have been continuously employed for at least 26 weeks.
1 October 2011 - Agency Workers Regulations 2010:
From 1 October agency workers will have the right to the same working conditions as permanent staff, including pay, working hours and holidays once the worker has completed only 12 weeks in a job.
No date yet:
The Government is reported to be considering increasing the qualifying limit for unfair dismissal from one to two years.
Regards.
DJ
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Rank: Super forum user
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Why is this of interest specifically to H&S practitioners? I would have thought this was of general interest unless there are specify H&S duties being introduced?
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Rank: Super forum user
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A bit of a heads up I guess, but perhaps one for the HR forums, although I doubt many in HR aren't already aware. The agency workers could be interesting though.
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Rank: Forum user
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Bob,
Thank you for your post. I was not suggesting that this is of interest specifically to H & S practitioners, merely that they might be interested. If practitioners are not interested it will save me doing the research and posting in future.
Regards.
DJ
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Rank: Guest
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Bob raises a good question to which the answer is often overlooked amongst H & S practitioners.
Failures to control some hazards at work - in particular those associated with stress and musculoskeletal disorders - can easily be interpreted by savvy lawyers as breaches of The Equality Act 2010. This is particularly the case with respect to 'personal charactertistics' of mental and physical disability but also those about sex and age.
There is good economic incentive to do so as the tariff of awards for unlawful discrimiantion is far, far higher than those for breaches of health and safety regulations.
Another thread on this forum this week about work-related stress drew in 20+ responses yet not even one mentioned the relevance of The Equality Act 2010.
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Rank: Super forum user
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Kieran has clearly set out why the Equality Act is important and we need to remember that decisions made in ANY management field, inc. H&S, will need to be aware of direct and indirect discrimination issues. A competent professional H&S practitioner should really be including this in their CPD plan where they identify potential impacts. Without some knowledge of the legislation how can you assess potential need for knowledge and competence?
Bob
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Rank: Super forum user
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This is important law and H&S people need to be up to date
I was dismayed this very week on listening to a HR specialist [I am not getting at HR in particular -I am a x Personnel manager myself] but the info they gave out re this act was wrong - They said that U cannot ask certain Q? at the point of recruitment etc but in fact U can as its crazy and not logicial recruiting somebody to find out afterwards they will be harmed [mentally or physically] because of the role that they have been recruited into - reasonable adjustments or no reasonable adjustments
I advise that H&S people get up to date with all law that is relevant to their work place otherwise U get left behind and whilst many are saying poor things about this law it is like any other law in the fact that H&S is seen as the primary concern and staff can be evaluated at the point of recruitment irrespective of what many say; as U cannot recruit etc somebody into an environment that is inherently unhealthy / unsafe for them where U know that they have a specific situation / condition - ignorance is no defence as if U do not know about a situation that is even worse!
This is yet another area where HR will take the kudos and H&S professionals will be asked to work out a way of looking at H&S so as people can be kept in roles that are unsuitable for them
My friend has one case at this time where numbers of 'day to day' staff are having their H-rights affected because management are not willing to tackle the matter with regards to one person - its a case of letting a whole barrel rot because the one apple is being left in place where by reasonable adjustments this one apple can be supported 'if management want to'
In my opinion the principals behind this law are very good its just that we need to manage the law properly
Keep on researching DJ and thanks
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Rank: Guest
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I smiled as I read the 'yet another case' expression in Bob Youel's observation:
'This is yet another area where HR will take the kudos and H&S professionals will be asked to work out a way of looking at H&S so as people can be kept in roles that are unsuitable for them'.
While probably a greater proportion of H & S practitioners are scientifically educated than HR ones, the level of analysis required to implement The Equality Act 2010 and similar radical legislation requires statistical competence that neither the H & S profession nor the H R profession give a lead on. Not unreasoanbly, management (whom both are appointed to influence) can expect statistical data, both historical and projective, to support decision-making about implementing laws regulating equality, 'diversity', health and safety at work.
As a 'chartered' member of both the HR and the H & S communities, I look forward to the time when ancestral, twenthieth-century stereotyping of either profession is no longer felt to be necessary. I believe that this requires a much higher standard of statistical literacy to inform relevant dialogue and decision-making than prevails at present.
Let's be alert to how well the IOSH working party on diversity facilitates the H & S and HR communities to raise their standard of statistical ltieracy.
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