Saturday, October 1, 2005
Sex change workers now protected
Sex discrimination at work laws got much tougher this weekend, and firms could now end up paying out big time in compensation if they discriminate against workers who have undergone a sex change.
The new law gets tough on firms who refuse to offer a particular job to someone because they have undergone a sex change, or are intending a sex change.
“Although we fully endorse fair treatment for people in the workplace, private businesses need to be alerted to the fact that they are now a prime target for the compensation culture which prevails today. Industrial tribunals are aiding and abetting them by doubling the amount of compensation awarded,” said Rex Garratt, national spokesman for the FPB.
“Unfortunately industrial tribunals seem to have become even more complex than courts of law, and employers are falling victim to the practice of exploiting political correctness for financial gain,” he added.
Under the toughened legislation, a firm will be breaking the law and can be sued at an industrial tribunal if it allows a member of staff to act in a way that may offend or violate the dignity of someone else at work. A firm will also be acting illegally if it treats women less favourably when they are pregnant or on maternity. The new regulations came into effect on October 1 under the Sex Discrimation Act.
above: The new regulations came into effect on October 1 under the Sex Discrimation Act.
Wake-up call to firms over London blasts
Britain’s employers are being urged to ‘wake up’ after a survey found that many business leaders were failing to protect staff in the aftermath of the London bombings.
According to Amicus, the majority of directors had never bothered to consult their employees for their views on how to handle terrorism. The union said hardly any chief executives had taken the time to attend a health and safety meeting and that 69 per cent of firms polled for the union had not consulted union safety representatives on terrorism issues. The snapshot study of 100 companies, by the Corporate Social Responsibility Foundation on behalf of the union, found that 23 per cent of bosses had never practised any emergency procedure between their staff and the rescue services. And 77 per cent of health and safety committees had not met to discuss terrorism since the July 7 attacks - while just eight per cent of firms asked staff for feedback on possible measures. Amicus national officer David Fleming said the results were a ‘wake-up call’ for UK employers. ‘Sadly, it seems directors are sometimes more comfortable talking to their shareholders about money than engaging with their staff about how to stay alive,’ he said. Tim Arnold, from the CSR Foundation, said: ‘Nearly all of the victims of the London bombings were people on their way to work, yet top directors do not have the same attitude towards health and safety that they have when it comes to announcing their share price.’
Global: Work-related deaths on the rise
As many as 5,000 people die every day as a result of work-related accidents or illnesses, the International Labour Organisation (ILO) has said. The UN body said the global death toll from work-related incidents and disease was an estimated 2.2 million a year, 10 per cent higher than three years ago. The ILO report says that while fatalities have fallen in industrialised nations, they are on the rise elsewhere, particularly in Asia.
The majority of workers lack legal protection on safety issues while most cannot claim compensation for injuries or illnesses suffered in the workplace, the ILO warned. Concerted action is needed at national and international levels, the ILO said, to strengthen workplace safety regulations and to improve compliance by employers. It said it was particularly concerned about the low level of reporting of workplace accidents by some countries, particularly developing nations. India reported 222 fatal work-related accidents in 2001, but the ILO estimates the real figure to be closer to 40,000. China, whose economic growth has been fuelled by a boom in construction and low-cost production, reported 12,554 fatal accidents in 2001. The ILO believes the actual death toll was closer to 90,000. The report stressed that some countries needed to introduce tougher laws governing workplace safety, while enforcement must be beefed up. ‘Inspectors should not be considered as nuisance or threats to business,’ it said. ‘Countries with the best inspection systems are also the most competitive ones worldwide.’
China: Unions condemn Disney’s Mickey Mouse standards
Employees of the new Hong Kong Disneyland have complained about oppressive work rules, including a ban on drinking water in front of customers which means workers can go half a working day without fluids. Employees can only drink water during their 15-minute breaks, which come just once every four hours compared with every two hours for Disney staff in the United States, he said. On the eve of the opening ceremony, local officials clashed with theme park management after they ordered health officers investigating food poisoning cases to remove their caps and badges. Hong Kong officials, angered that food inspectors were asked to take off their uniforms to avoid scaring clients, told Disney it was ‘not above the law’. The company faced accusations last month that Disney products were being produced by Chinese sub-contractors in ‘sweatshop conditions’
Argentina: Outrage as judge takes worker’s child
The case of an Argentinian cabin crew member, who lost custody of her daughter after a judge claimed her job made her an unfit mother, has sparked protest and a call for solidarity from the ITF. Patricia Bengtsson, lost custody of her four-year-old daughter to the child’s father. The judge maintained that her job with Aerolineas Argentinas was incompatible with her responsibilities as a mother. The judgment came despite an AAA collective agreement giving mothers the opportunity to concentrate minimum monthly flight hours into fewer days, allowing them to spend more time at home. The AAA described the ruling as ‘a terrible attack against working women the world over’ and added: ‘On the one hand, women suffer from over-exploitation in the workplace; on the other, they risk punishment by losing their children if they work too many hours.’ ITF women’s officer Sarah Finke commented: “This judgment affects the rights of women to work and have children and sets a grave precedent.”
Time to get tough on workplace porn
Slashing the amount work of time employees waste viewing porn on the internet has become a key management priority, according to a leading employment lawyer.
The news comes as obscene pornographic and sexually violent images on the internet are to be banned under new proposals being announced this week.
A new offence of possession of violent and abusive pornography would mean any images acquired electronically would be illegal. All other forms of pornographic material are forbidden under the Obscene Publications Act 1959, but the internet is not covered Neil Gouldson, head of employment at national law firm Rowe Cohen, says employees with internet access should have a ‘non-abuse’ clause written into their Contract of Employment stating exactly what is, and what is not, permissible:
“Clauses should put limits on the length of time, times of day and type of connection made, when private use of the internet is allowed. Many organisations accept that allowing employees to email friends and relations make travel arrangements or shop on-line during lunch or rest breaks is conducive to good employee relations.
“Many large organisations around the world have already grasped this nettle,” he maintains, “It is perfectly possible to monitor and limit employees’ internet and email activity and establish clear guiding principles in their contacts. Better monitoring, tougher contracts and stricter disciplinary procedures should be in place.”
Careless boss caused schoolboy’s crushing
A reclamation yard boss has been told to pay up £18,000 in fines and costs after he crushed a schoolboy in a forklift truck accident.
John Masterson was driving the vehicle at his business, JM Reclamation in Coppull, when 16-year-old Samuel Phillips was caught under the wheel. Leyland magistrates heard how Mr Masterson regularly drove the truck with Samuel, who worked at the yard on a casual basis, carried along on the side. The teenager’s legs were caught by the rear wheels of the forklift after he jumped off the vehicle. He fell, and the forklift ran over his face, causing serious injuries.
Investigations by Chorley council revealed the vehicle was inadequately maintained and there was no risk assessment for Samuel’s work, the forklift truck operation or for moving, loading and unloading vehicles. The employees, including Samuel, had not been given health and safety training. Asked by magistrates about risk assessments for his business and employees, Masterson replied that he ‘was a little bit ignorant on that’. He pleaded guilty to three charges including failure to ensure the safety of his employees or to maintain equipment in an efficient state. He was fined a total of £15,000, with £3,000 costs. A civil compensation case is ongoing.
Boss jailed after worker crushed
The owner of a recycling firm has been jailed for 12 months, fined £30,000 and ordered to pay costs of £55,000 after an employee died in a shredder. Kevin Arnup, 36, from Norwich, was crushed to death after being pulled into the machine at MW White Ltd in Ketteringham. Managing director Paul White, 43, of Drayton, near Norwich, had earlier admitted manslaughter and breaching health and safety regulations. The Centre for Corporate Accountability said this case was only the ninth in which a company director or owner had received a jail term for workplace safety offences. HSE last year announced it would be ‘good partners’ with the waste industry, encouraging self-regulation. The industry has a fatality rate 10 times the national average.
Companies failing to support homeworkers
More than one-third of UK companies may be failing to look after the health and safety of homeworkers adequately, according to a survey of UK information technology (IT) directors. It found 35 per cent of companies surveyed do not include mobile workers and homeworkers when it comes to implementing HSE guidelines. Graham Ridgeway from management service company Touchpaper, which conducted the research, said companies need to accept that teleworkers should be given the same facilities as on-premises employees, adding “people working from home need to be treated the same as those who work from the office with access to support and information.” Homeworkers should be covered by the same health and safety regulations that apply to office-bound employees such as safety checks around electrics, cabling, heating and ventilation as well as seating and workstation positioning. A spokesperson for the HSE confirmed that homeworkers should be included in any office risk assessment but said that the executive had no real prescriptive guidelines.
Warning for ‘square-eyed’ workers
British adults spend are spending up to 53 hours during a working week watching TV or staring at a computer screen, according to a survey of 2,750 people by the Eyecare Trust.
The survey of the time people spent in front of a screen, and attitudes to eyecare, was carried out to mark National Eye Week. The survey also found that 40 per cent were unaware that they could have a free eye examination from their employer if they regularly used a computer monitor in their job. According to Eyecare Trust, an ‘astonishing’ 63 per cent of us admit to regularly leaving work with a terrible headache, while 53 per cent suffer from tired or strained eyes. Eyecare Trust chair Iain Anderson said: ‘As computer use in the workplace and the home continues to rise so do the number of people complaining of eyestrain. It’s vital that computer users visit their optometrist for regular eye examinations and follow a healthy eyecare regime. ‘Screen fatigue’ - sore, itchy, irritated eyes or temporary blurring of your vision affects up to 90 per cent of VDU users.’ Research this year linked VDU work to an increased risk of glaucoma.
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