Fathers are missing out on spending the equivalent of a month a year with their children because of the long working hours culture, according to a report from The Fatherhood Institute.

The Institute argues that paternity and parental leave does not meet the needs of the modern family and wants fathers to be able to take parental leave more flexibly.

The study claims that 80 per cent of fathers regularly work overtime or unsocial hours and as a result lose more than 15 hours per week with their children – equivalent to 32.5 days each year.

It says that the situation regarding paternity and parental leave is complicated and bureaucratic. It argues for an extension of parental leave rather than the Government’s proposal to extend maternity leave to 52 weeks from 2010; it wants parental leave to be paid allowing fathers to take the leave more flexibly. At present parental leave has to be taken in blocks at least a week long.

Harriett Harman, Minister for Women and Equality, said: “We have given more than six million people the right to request flexible working [but] many men find it difficult to ask their employer to work flexibly, and we need to challenge this.”

Daily Telegraph, January 8, 2008

The Equal Pay Act has “reached its sell-by date” and should be abolished in favour of modern legislation to get women a fair pay deal, argues Trevor Phillips,chairman of the Equality and Human Rights Commission (EHRC).
Mr Phillips argues that, unless there is radical change, the tribunal system may collapse, with hundred of thousands of women made to wait a long time for justice.

There are currently an estimated 50,000 equal pay cases being brought by local council workers. The EHRC estimates that the numbers will rise threefold to 150,000 in 2008, causing the already slow employment tribunal system to seize up “like a blocked drain”.

To provide a genuine long-term solution, the EHRC is calling for reform of the law and proposing the introduction of representative actions, where hundreds of cases could be heard at the same time.

As another part of its strategic approach to ending the crisis of equal pay in local government, the EHRC has announced that it will not be directly funding the equal pay cases of women involved in the four year old case of Redcar and Cleveland Borough Council v Bainbridge and Others, due to be heard at the Court of Appeal on January 15. Instead it will take on a different role and make a statement to the court, which it believes will help set a legal precedent that will deliver equal pay faster.

Mr Phillips said he was concerned that a ruling by the court on the question of transitional arrangements (the extent to which employers can protect men’s pay for a limited period while they put in place measures to bring women up to the same level) could take away the freedom that would allow unions, employers and employees to negotiate workable solutions.

He argues that, whenever possible, cases needed to be taken out of lengthy legal proceedings and solved by such negotiated agreements.

Mr Phillips said: “The Equal Pay Act has reached its sell-by date. It’s time for new legislation, fit for this century, to help sort out this age old problem.”

Equality and Human Rights Commission, January 14, 2008

In McCoy v James McGregor and Sons Ltd, the first age discrimination decision in Northern Ireland, an industrial tribunal found that the use of the term ‘youthful enthusiasm’ in a job advertisement fell foul of the Employment Equality (Age) Regulations (Northern Ireland) 2006.

The case concerned M, who applied for one of two sales posts with timber firm JMS Ltd. After two interviews, and despite his having years of experience in the industry, M’s application was rejected. At the time he applied for the job M was 58, whereas the two individuals JMS Ltd eventually appointed to the posts were 42 and 43. M brought a claim to an industrial tribunal, arguing that JMS Ltd had discriminated against him on the ground of his age.

Upholding the claim, the tribunal noted that, when advertising the post, JMS Ltd had sought a candidate with ‘youthful enthusiasm’. Furthermore, M had repeatedly been asked questions about whether he, at age 58, still had the necessary ‘motivation’ and ‘drive’ to be successful in the post. These factors combined clearly showed that M’s age had been taken into account when JMS Ltd decided not to appoint him.

Although the case is a first instance decision and therefore does not set a precedent, it is a useful example of the circumstances in which a tribunal can find that wording used in advertising, while not explicitly excluding candidates over a certain age, is nevertheless discriminatory.

Further information: incomesdata.co.uk/information/McCoy.pdf

Equality Commission for Northern Ireland, January, 2008

A three-month campaign to encourage awareness of the National Minimum Wage and help tackle rogue employers has been launched by the Government.

A National Minimum Wage information tour bus will travel to more than 30 towns and cities across the UK, providing free help and information to members of the public —  as well as access to online and phone support.

“This information campaign will help provide those most at risk of underpayment with the advice and support they need to take action where necessary,” said Pat McFadden, Minister for Employment Relations. “Every worker should earn a fair wage for a fair day’s work. We want to make sure workers know their rights and employers know their responsibilities.”

Ms McFadden added that workers visiting the bus will be able to use the tools provided on board to work out if they are being paid correctly, or to make a complaint if they have concerns, which enforcement officers will investigate. Workers will be able to access an online ‘ready reckoner’ at: www.directgov.gov.uk/nmw to help check whether or not they are being paid correctly. Phones will also be available to call the NMW helpline for assistance.

All employers caught underpaying their staff will face a fixed penalty. This will be set at half the total value of the arrears, subject to a minimum of £100 and a maximum of £5,000. The fine will be halved if paid within four weeks. Consistent offenders can be tried in a Crown Court, where they would face an unlimited maximum fine.

Department for Business Enterprise & Regulatory Reform press release, January 10, 2008

Eight major employers, including Shell, BP and Remploy, have signed up to the Skills Pledge.

In making the Skills Pledge, the firms have committed to supporting all their employees to work towards a relevant, valuable qualification to at least Level 2 (the equivalent of five GCSEs at A – C grade), including basic skills such as numeracy and literacy.

To date 850 companies have signed up to the pledge, which fulfils a key recommendation in the Leitch Review of Skills. According to new research from the Learning and Skills Council’s National Employer Service, almost 90 per cent of the 201 companies polled said that training had already resulted in demonstrable benefits ranging from increased productivity to better employee commitment and involvement in the organisation and improved employee morale.

During a speech at a National Employer Service Skills event, Skills Secretary John Denham urged more companies to reap the benefits of training and to show this commitment by making the Pledge.

“I’m extremely pleased to be able to announce that these industry leaders have made the Skills Pledge today, and I urge all other employers to follow suit.

By substantially increasing investment in services such as Train to Gain, the Government has ensured that every company can now benefit from individually tailored skills assessment and training, delivered when and where they need it,” he said.

“We have also cut bureaucracy to make sure that colleges and training organisations can best meet employers’ needs, and I am committed to extending formal accreditation to employers’ in-house training programmes.”

Learning and Skills press release, January 10, 2008

A document outlining the benefits for employees who use taxis paid for by their employers for a journey from work to home has been published by HM Revenue and Customs (HMRC).

HMRC said that there are four late working conditions, all of which must be satisfied:

• the employee is required to work later than usual and until at least 9pm;
• this occurs irregularly;
• by the time the employee ceases work – either public transport has ceased, or it would not be reasonable to expect the employee to use public transport;
• the transport is by taxi or similar road transport.

In its document HMRC said that, as with any benefit or expense provision, employers who provide late night taxis home for their staff must be able to show that they have treated the provision correctly for the purposes of tax and NICs.

HMRC said that it is not sufficient for an employer to have a published protocol setting out the circumstances in which an employee can have access to the use of a late night taxi if nothing is done to ensure that it is applied correctly.

Copies of HMRC’s document about late night taxis can be downloaded from: www.hmrc.gov.uk/manuals/eimanual21831.htm

HM Revenue and Customs press release, January 8, 2007

A British Airways worker who claimed that her employer’s uniform policy discriminated against Christians has lost her case at an employment tribunal this week.

Nadia Eweida, 56, said that her manager at BA had barred her from wearing a crucifix, in line with the airline’s policy of forbidding workers to display religious symbols. Ms Eweida contended that this policy was discriminatory; this week, however, a tribunal in Reading found that Ms Eweida had not suffered treatment less favourable than that experienced by other workers in comparable positions, and rejected her claim.

BA said that it was “pleased” by the ruling. The firm has revised its uniform guidelines in the wake of the case and now permits a limited number of religious symbols to be worn by staff.

Ms Eweida, who turned down an offer of £8,500 from BA to settle the case out of court, described herself as “speechless” following the tribunal’s verdict.

Guardian, January 9, 2007

Employers could soon be banned from asking staff about their pensions in job interviews in a bid to prevent discrimination.

Government officials are understood to be concerned that employers will try to reduce the cost of the new personal accounts pension system, which requires employers to make a 3 per cent financial contribution from 2010, by only recruiting those staff who say that they will opt out of the scheme.

The Pensions Bill passed its second reading in the House of Commons unopposed last week, however, the EEF, representing manufacturers, said that it had been told that the Government would amend the Bill so that employers are prevented from asking staff about their pensions in job interviews.

The EEF is calling for the new Pensions Regulator to be given additional powers to handle complaints and fine employers if it is found that the law has not been followed.

Manchester Business School conducted research which has put the cost to business of administering the scheme at £1 billion a year, compared with the Department for Work and Pensions’ estimate of £254 million.

A spokesman for the EEF said that the Low Pay Commission should take account of the cost of contributions, which will be phased-in over three years, in setting the National Minimum Wage.

Daily Telegraph, January 15, 2008

The “resident labour test” could be dropped for skilled workers earning over a certain amount, under new proposals being considered by ministers.

Currently, employers must ensure that vacancies are filled by EU citizens before seeking to recruit workers from outside the EU. However, under changes to the immigration system due to be outlined in March, firms previously discouraged from recruiting from locations such as China, Australia and East Asia, could see the restrictions lifted.

A Home Office spokeswoman confirmed that there were “ongoing discussions” with industry and other stakeholders over dropping the resident labour test for jobs paying above a certain amount – reported to be around £40,000 a year.

“We want to ensure we create a more efficient and better–targeted system,” she said.

Conservative MP, James Clappison, warned that the change could potentially affect more than 2.5 million UK workers.

“What it means is that employers will be able to bypass the domestic labour market and recruit directly from outside the EU,” he said.

BBC News, January 15, 2008

Workplace bullying is ‘rife’, with one in four employees having been subjected to it, a new report by the Samaritans claims.

The study questioned over 2,000 workers in the UK and found that most had experienced some form of bullying during their career, either from managers, fellow workers or clients.

Over half of those questioned had seen a colleague cry because of pressure and a third felt that employers turned a blind eye to the issue.

Joe Ferns, of the Samaritans, said: “Job-related stress has a serious and unrecognised impact on the health of the nation and the economy, affecting concentration and efficiency. Positive workplaces are a big factor in keeping everyone emotionally healthy.”

Professor Cary Cooper, of Lancaster University, an expert in the field of workplace stress, said: “These results really disturb me. Shouldn’t we be managing people by reward and praise rather than by fault finding and bullying?

“We know that dealing with difficult people issues can be lonely and frustrating. The message from the Samaritans is that you are not alone. Employees need more support from work colleagues and line managers and everyone needs coping skills to help them deal with everyday pressures.”

In a bid to raise awareness of the issue, the Samaritans has designated February 1 as national ‘Stress Down Day’ and is urging employees to wear slippers to the office to reduce their stress levels.

Press Association, January 14, 2008