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Sexual Harassment
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Until 1st October 2005 sexual harassment at work was not specifically dealt with as such by legislation. However this changed on 1st October 2005.
ACAS predict the new rules will make little difference. The Courts and tribunals have long since established that harassment is unlawful "discrimination" for the purposes of the Sex Discrimination Act if it results in an employee being treated less favourably than others on the grounds of sex. Useful guidance can be seen by the citation of Driskel v Peninsula Business Services IRLR 2000 151.
Ms Driskel was employed by employment law consultants Peninsula Business Services, as an advice line consultant. In 1996, she was interviewed by Her department head for a
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EBS
law are specialists in providing UK employers with personal, comprehensive employment law advice and human
resource support with ACAS.
Our
standard service package comprises of :-
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unlimited
UK employment law advice
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liaising
with ACAS
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guaranteed face-to-face meetings
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free
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tailored employment
contracts & handbook
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employment tribunal representation
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qualified personal contact
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employment bulletin updates
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We will appoint a legally qualified adviser to oversee your business.
This
adviser will be your main contact on all employment related matters.
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A comprehensive retainer service for a
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Employment
Law News
Age
Law in the UK
Age discrimination is the main area of discrimination which is protected in some other countries but which is currently not directly protected in the UK. This will change from 1 October 2006 when the government will introduce age discrimination legislation - the final version of the regulations was published on 9 March 2006. The October date is in advance of the December deadline set by the Equal Treatment Framework Directive (2000/78/EC) which requires the
this country to implement national legislation preventing age discrimination.
Age discrimination can take many forms. In legal terms, it will follow the same pattern as existing forms of discrimination law, namely direct and indirect discrimination, victimisation and harassment.
Age regulations are due to come into force on 1 October 2006.
1. The regulations cover employment and vocational training. This includes access to help and guidance, recruitment, promotion, development, termination, perks and pay.
2. The regulations cover people of all ages, both old and young.
3. All employers, providers of vocational training, trade unions, professional associations, employer organisations and trustees, and managers of occupational pension schemes will have new obligations to consider.
4. Goods, facilities and services are not included in the regulations.
5. Upper age limits for unfair dismissal and redundancy will be removed.
6. A national default retirement age of 65 will be introduced making compulsory retirement below age 65 unlawful (unless objectively justified).
7. All empoyees will have the ‘right to request’ to work beyond the default retirement age of 65 or any other retirement age set by the
company and all employers will have a ‘duty to consider’ requests from employees to work beyond 65.
8. Occupational pensions are covered by the regulations, as are employer contributions to personal pensions. However, the regulations generally allow pension schemes to work as they do now. The regulations have more details.
9. The regulations do not affect state pensions.
Employers need to prepare now for the new legislation by bringing all their policies and procedures into line with the new requirements, and seeking advice where necessary
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