Edition 64

Extra funding to help resolve workplace disputes
Court favours employers in agency worker rights case
A P Robinson & Co Suggest
Free Employment Law Seminar

The government has set aside an additional 37 million to help reduce the number of workplace disputes that go to employment tribunal.

The money, which is to be spent over the next three years, will enable Acas, the conciliation service, to enhance its helpline and advice services.

With the extra financial backing, Acas should be able to provide help at any stage of a dispute and increase the chances of finding an informal solution to the problem.

The funding comes in support of measures in the new Employment Bill aimed at simplifying the dispute resolution system.
By promoting less formal processes and delivering quicker decisions in more straightforward cases, the hope is that business can save up to 175 million a year.

Pilot programmes will run over the next year, with the service rolling out nationally in 2009.

Pat McFadden, Minister for Employment Relations, said: "The link between successful employment relations and productivity is clear. Early action can often prevent the need for tribunals, bringing enormous benefits to business and employees."

The Court of Appeal has ruled that agency workers cannot assume a contract of employment between themselves and the end-user organisations for which they work.

The ruling came in the case of an agency worker who had been working for London Borough of Greenwich for three years.
The worker, Merana James, claimed unfair dismissal after she was replaced in her post as a housing support officer, the result of a long period of sickness absence.

Ms James argued that she was entitled to the same rights as staff employed directly by the Council.
Having failed to win her case at an employment tribunal, she went to the Court of Appeal.

The Court of Appeal found that Ms James could not assume a contract of employment between herself and London Borough of Greenwich, irrespective of the length of time of her service.

The ruling said that it was not the role of employment tribunals and courts but of Parliament to extend the rights of agency workers.

Belinda Brooke, head of legal services at the Recruitment and Employment Confederation (REC), said of the ruling: "The decision of the Court of Appeal is a triumph for common sense. It has been made clear that unless there is a change in the law an employment contract between an agency worker and an end user can only be implied if it is necessary to make sense of the arrangements between the two parties."

If you have any concerns or queries in the area of recruitment, then please do contact Lizzy Dale at A.P Robinson & Co, who will be more than happy to help: 01472 345888 or lizzy.dale@aprobinson.biz

If you think you may need to dismiss someone or make him or her redundant, take advice and make sure you find out exactly what procedures you need to follow.

We offer an HR package which will outline policies, management of staff and reduce any misunderstandings and the fear over Health & Safety legislation whilst ensuring businesses stay legal and staff stay safe.

A P Robinson & Cos HR Services helps employers with a whole range of issues, from advertising a job vacancy, to interviewing and accepting candidates. It will also generate contracts of employment, appraisals and forms for paternity, maternity and sick leave.

This package ensures that you have legal and employment advice on hand when a problem does arise.

If you have employees YOU NEED to attend our FREE Employment Law Seminar!

This seminar will provide you with practical advice and common sense solutions to the problems faced by employers today. We will tell you about new legislation and upcoming changes in the law, recent cases which have changed the law and anything else of significance to employers.

The issues covered include whether employees on long term sick accrue holidays, workers from overseas, stricter rules on redundancy, recent cases on constructive dismissal and age discrimination as well as other developments in the last six months.

The format is informal and friendly. Seminars start at 5.30 p.m. but many of our guests join us for drinks from 5 p.m. onwards. We finish at 6.30 p.m.

These free seminars are on the following dates:

Monday 10th March at the Millfields Hotel, Grimsby
Monday 17th March at Forest Pines, Scunthorpe

Please feel free to circulate this to colleagues or friends. We do hope you will be able to join us.

Please telephone Lizzy Dale if you would like to attend on 01472 345888 or email lizzy.dale@aprobinson.biz or fax 01472 345777.

A P Robinson & Co will acknowledge your booking by e-mail with full details of the venues and how to get there. All venues have parking. If you have any enquiries please contact either Lizzy Dale on 01472 345888 or lizzy.dale@aprobinson.biz