Newsletter – August 2008
Silver revolution is here - to stay!
There are now more pensioners than children living in Britain. Official population figures released last week revealed that the country is now home to 11.58 million pensioners compared with 11.52 million under 16s. And the number of people over 80 has doubled over the last thirty years to 2.7 million. Experts say that the over 80s are in fact the fastest growing age group as a result of medical advances. Their number is expected to rise very significantly in the next decade.
Against this silver background, the Office for National Statistics has confirmed that there are a record number of immigrants and immigrant mothers having more children. Although as we report in a later article, there is growing evidence that tens of thousands of economic migrants from countries like Poland are returning home - and leaving parts of the UK economy in desperate need of skilled and semi-skilled workers. The Government's plans to reform the welfare benefits system with a sharp focus on incapacity benefit and job seeker's allowance is in part driven by these growing shifts in population.
All our equality training courses focus on the demographic time bomb, which is impacting on all the diversity strands. Linked to the economic case for equality and the legal framework, the demographic factors actually create a three legged stool on which all sound policies and procedures should be based. Ignore one of these three factors and your policy will probably be badly flawed, putting your organisation at risk of either serious challenge or being sidelined altogether.
Police chief's discrimination claim - massive political implications
Britain's most senior Asian police officer, Assistant Commissioner Tarique Ghaffur has formally instigated proceedings alleging discrimination on grounds of age, race and religion as well as victimisation against Sir Ian Blair, Metropolitan Police Commissioner. Reports say that Mr Ghaffur's evidence has been examined by barristers who have advised that there is a strong possibility of success. It includes details of how apparently the Assistant Commissioner was discriminated against by his removal from top responsibility for the 2012 Olympics security arrangements. The age discrimination claim is based on the fact that his employment contract was only extended by a year when those with less service were offered longer contracts. And the evidence is said to include details of a covert spying operation on Mr Ghaffur, sanctioned at the highest level in Scotland Yard during investigation of another race discrimination claim by another black officer: a case that was lost by the Yard.
But this latest case comes at a time when the Commissioner is facing an inquiry over a friendship with a business man awarded £3 million of Scotland Yard contracts. And the inquest next month of Jean Charles de Menezes, shot dead by police at Stockwell Tube station in July 2005 is certain to put Sir Ian under greater pressure when he faces a public examination of his managerial style.
£15,000 payout to disabled man from his disabled charity employer
This compensation has just been won by a cerebral palsy sufferer after being made redundant by a Midlands’ charity which promotes independent living for disabled people. Mr Robert Ellis was awarded the money after a tribunal said that the charity - Ideal for All - had failed to do enough to redeploy him after making six redundancies. Mr Ellis had claimed that he could have been given the job of cleaner after losing his own position as a porter and handyman. The charity said that financial restrictions had led to the redundancies. But it was revealed in court that alternative work had since been found for all the other five staff affected by the redundancies. The case was backed by the new Equality Rights Commission who said that the charity had also not done enough to explain to Mr Ellis that he was going to lose his job. The Commission believes this to be an important case involving a firm that was supposed to be looking after the rights of disabled people. Mr Ellis, they argued, had "shown himself to be a loyal and competent employee over nearly six years and did not warrant the treatment he received." Ideal for All said that they would only comment fully when they had received the tribunal's written judgement. The case illustrates the importance of giving serious consideration to the concept of making "reasonable adjustments" in all working practices and procedures. Mr Ellis also had learning difficulties. In a later article below we report how MENCAP have just published some new recommendations to help employers meet the specific needs of those with learning difficulties.
Maternity rights change in October - are you fully briefed?
Major changes in maternity rights will be introduced in October. They have implications for several aspects of both maternity and paternity leave including:-
- Keeping in touch with those on leave
- Increasing the number of weeks available
- Introducing new provision for receiving training whilst away on leave
- Greater flexibility on returning to work arrangements
Employers will also have the right to expect a longer notice period on "intention to return" from those on leave. We have produced a free briefing sheet on all the technical and legal issues surrounding these new arrangements. Send an e-mail to receive your copy.
Less workers coming into the UK - but greater number of employer fines!
The Home Office reported last month that there had been the largest increase in fines on employers who had not bothered to check if new employees met the stricter requirements of the new Asylum and Immigration Act. New requirements relate to identity and a check on the status of the incoming staff member.
But evidence from the same department shows that the number of Eastern Europeans looking for work in Britain has dropped over the last few months. 38,000 workers from the whole of the former Eastern bloc registered to work in the country between April and June. This represented a drop of 9,000 since the first quarter of the year. This represents the lowest inflow since the countries joined the European Union in 2004. And perhaps the most startling fact emerged from the opposite direction in the same 2008 quarter. 80,000 Poles actually returned home attracted by a more vibrant economy. That trend is expected to continue. Farmers and fruit growers in the East Anglian region are predicting the collapse of their industry if remedial steps are not taken soon. Hence again, why the new focus on welfare benefit reforms for UK citizens on incapacity benefit and job seeker's allowance continues apace.
New report on learning disabilities at work
People with learning difficulties make excellent workers according to employers who have just contributed to a major study by the campaign charity MENCAP. Employers reported that once relatively minor adjustments to working practices & arrangements are made, people from this group "prove that they are willing and able to work to the highest standards." The MENCAP report, which is available via their website, says that attracting staff with learning difficulties has had a positive impact on many businesses, making them more representative of the community and raising awareness of disability issues. And this turn helps in delivering services to those with disabilities. MENCAP say, however, that a great deal more needs to be done. They reveal that less than one in five people with a learning disability work, although 65% reported that they wish for nothing more. Those that work often do so on a part-time basis with little pay in return. Our own training courses provide practical steps on attracting candidates with learning difficulties through both the recruitment & selection process and subsequent support once the individual has been appointed. Our earlier story about the £15,000 being paid to Mr Ellis (see above) illustrates what can happen when things go wrong.
Disabled Wheelchair User has to climb Cinema stairs!
The Odeon cinema in Hereford was the scene of a large public demonstration last week when customers protested at the fact that a 15 year old customer with spina bifida had been forced to crawl up the stairs because of the lack of wheelchair access to the building. Amy Clements said that her experience had left her feeling embarrassed. A local campaign group in the town - Hereford's Access for All - revealed that they had been urging the cinema over many years to improve disabled access.
The Disability Discrimination Act is clear. Service providers and employers are required to take reasonable steps to modify physical features of buildings that make it difficult for disabled people to use the services or work in their premises. Physical features include all aspects of a building such as the fabric, the built environment, its facilities, fittings and furnishings. The legislation provides for a 5 point plan that should be considered when determining if access problems exist. A free copy is available from Impact Training.
As for the Hereford Odeon, they have apologised and say that because their present building cannot feasibly be altered, they are going to look for new premises in the town.
Drinking water - an employer's duty
An airport strike was avoided this busy August Bank Holiday. But one of the issues still aggravating British Airways’ staff is a decision by the company to cut down on free water for staff on long haul flights. The airline now provide free half litre bottles of water to their plane crews but insist on payment for any surplus. Yet the BA staff handbook recommends these crew members to drink 1.5 litres to avoid detrimental affects of such long haul flights. Health and Safety regulations say that the provision of drinking water in the workplace is a "basic and fundamental requirement for maintaining employee welfare." It will be interesting to see if these regulations are invoked by airways staff as the dispute continues. We have produced a free guide on this aspect of the regulations which we will be happy to send you.