Regulation time again

In reality, New Labour's thinking is that businesses will benefit by retaining members of staff who have valuable experience, skills and knowledge. What security managers need to be thinking about, though, is how they will cover the absence of individuals from their security team who are on leave.

The regulations state that all pregnant employees, regardless of length of service, are entitled to 26 weeks ordinary maternity leave as opposed to the 18 weeks to which they were previously allowed. The total maternity leave period for an employee who has been employed for 26 weeks by the fifteenth week before her expected week of childbirth has now been extended to one year.

Statutory maternity pay has increased to £100 per week, and there is now a right to two weeks' paid paternity leave at the rate of £100 per week. To be eligible for paternity leave, an employee will need to have completed 26 weeks' service. Employees are also now entitled to 26 weeks' paid adoption leave plus an additional 26 weeks unpaid leave. Either parent can take advantage of this right.

Further information can be found on the Internet at www.dti.gov.uk/er/ workingparents.htm or www.tiger.gov.uk

Laws on flexible working
The Flexible Working Regulations also came into force on 6 April, whereby the right to request flexible working has been granted. Eligible employees (ie the parent of a disabled child – or a child who's under six – and who has worked for at least 26 weeks) can ask their employer to change their terms and conditions relating to the hours, times or location of their work. It's not an automatic right to flexible working, but a right to make a request only. There is certainly now a statutory duty on the employer to consider such requests seriously.

Organisations need to raise awareness of this new right among their managers, and should be training senior management on how to deal with such requests. Provided there are no adverse consequences for clients or colleagues, employers may well benefit by accommodating such desires. Savings might be realised when it comes to recruitment and training. Employees should now be able to find a better way of balancing home and working life, and are then less likely to leave their jobs.

In terms of the statutory grounds for refusal, an employer cannot refuse a request unless the refusal is made on the grounds specified by the statute – which include the burden of additional costs, the detrimental impact on quality, performance or ability to meet customer demand, the inability to recruit additional staff (and reorganise work among existing staff), insufficient work during the periods an employee proposes to work and planned structural changes.

Further information and guidance can be found at www.dti.gov.uk/er/flexible.htm

The Working Time Regulations
One of the most important pieces of Government legislation so far as the security industry is concerned covers working time. When the Working Time Regulations were first implemented, the UK took full advantage of a time-limited opt out allowing it not to implement certain provisions. That time limit is now up and, as many more of the UK's younger population enter the workplace, regulations have brought the UK into line with the European Union's Young Workers' Directive.

Copies of the Working Time (Amendment) Regulations 2002, which again came into force on 6 April 2003, can be obtained from www.dti.gov/uk/er/ work_time_regs/index.htm

In addition, by the 1 August the Government was to have implemented the amended European Working Time Directive, extending protection to sectors currently excluded under the Working Time Regulations 1998. A consultation document has been issued together with draft regulations. These are accessible on the World Wide Web at: www.dti.gov.uk/er/work_time_regs/ hadconsult.htm

Of most relevance to the UK security sector is the provision allowing European Union member states to provide for derogations, including 48-hour week opt-out agreements. These provisions must be re-examined on the basis of a European Commission proposal and accompanied by an appraisal report, following which the Council will decide what action to take. The re-examination is set for this November. Discussions involving the UK Government and the private security industry are due to take place in advance of this at some point in October. At the moment, it's very much a case of: 'Watch this space'.

Cutting out discrimination
The pay gap between men and women currently stands at 19%. This means that women who work full-time are being paid 81% of men's earnings. As a result of investigations into the failure of the Equal Pay Act to achieve pay equality, the Government appointed Denise Kingsmill to carry out an independent review of women's pay and employment.

Among other things, the Government has accepted the recommendation that a questionnaire procedure similar to that available in sex, race and disability discrimination claims should be introduced. This makes it easier for an individual to request information from their employer when deciding whether to bring an equal pay claim.

Security managers should have equal pay in mind when recruiting new staff and promoting existing staff.

Further information can be found at www.womenandequalityunit.gov.uk/ pay/index.htm

Focusing on data protection
Data protection is another area where the legislation makers have been busy of late. Having consulted on a draft Code of Practice on the 'Use of Personal Data in Employer-Employee Relationships' – and in response to findings that the Code was too onerous – it has now been redrafted. The Code of Practice sections concerning the following have already been released: recruitment and selection (Part I), Human Resources records (Part II) and monitoring at work (Part III).

UK Government consultation regarding the implementation dates for employment legislation has now closed, resulting in several outcomes of note. For one, all new domestic employment legislation will come into force on either 6 April or 1 October in any giv

These sections are all published on the Information Commissioner's web site (www.dataprotection.gov.uk/dpr/dpdoc.nsf). Part III concerning workplace monitoring was published only recently (10 June), while Part IV will follow towards the end of the year.

The Code itself is not legally enforceable, but it does set out quality standards and useful advice as to how to comply with the Data Protection Act 1998. It will not come into force until all four sections are published.

Further news will be announced this month.

Legislation concerning discrimination in the workplace with respect to either sexual orientation or religion will come into force on 1 and 2 December respectively. At present, the terms of the Sex Discrimination Act have been interpreted so as not to extend to discrimination on the grounds of sexual orientation. The EC directive on Employment and Race Discrimination, however, requires the UK to introduce legislation outlawing unfair discrimination on these grounds. The message to managers here is once again quite clear – act now to ensure that equal opportunities is firmly rooted in your corporate culture. Ensure that your policy is up-to-date and fully monitored.

Further information on the draft Employment Equality (Sexual Orientation) Regulations 2003 – laid before Parliament on 8 May this year – can be found at www.dti.gov.uk/er/equality/index.htm

The latest EC directive also requires the UK to introduce measures outlawing discrimination in the working environment on the grounds of religion. Again, regulations were laid before Parliament on 8 May. Unfortunately, the draft regulations outlawing discrimination on the grounds of religion or belief don't actually define what's meant by 'religion' or 'belief', other than stating that it must be a 'philosophical belief'.

The intention is that it will be left to the Employment Tribunals to decide on the circumstances of each case. This isn't good news for employers not wanting to get that far, and who are seeking to draft new equal opportunities policies. Think carefully if your policies adversely affect a certain religion.

More details can be found on the Internet at www.dti.gov/er/equality/index.htm

Disputes and tribunal reform
What about legislation that's coming up in the near future? Consultation on resolving disputes in the workplace and tribunal reform have begun this summer, with formal legislation due in October 2004.

To reduce numerous and costly tribunal hearings the Government has focused its attentions on encouraging employers and employees to resolve their disputes internally.

The Government hopes to achieve its aim by introducing the following:

• statutory dismissal, disciplinary and grievance procedures providing a set of minimum standards to follow (these will become an implied term of the Contract of Employment);
  
• power for tribunals to extend the time limits for bringing claims to allow for the completion of minimum standards (if standards aren't followed there'll be scope for a tribunal to increase or reduce awards for compensation);
  
• a requirement for an employee to raise a grievance with their employer before approaching the tribunals process;
  
• a fixed period for conciliation to focus all parties' attentions on reaching a settlement (throughout this period the tribunal will not list the matter for hearing);
  
• a fast-track system for less difficult claims;
  
• awards of costs to cover preparation time – the aim being to promote more discussions in the workplace rather than at a tribunal.

Prior to October 2004, employers should consider updating their contracts to incorporate the minimum disciplinary and grievance standards referred to above. Again, further background information is available on the Internet at www.dti.gov.uk/er/employ/ index.htm/dispute

European Union Information and Consultation Directive
Having adopted the EU Information and Consultation Directive in March 2002, the Government has three years to draft regulations that will set out minimum standards of informing and consulting staff in all businesses with over 150 employees. By way of phased implementation, all undertakings employing 50 or more people will need to comply by 2008.

The Information and Consultation Directive gives employees the right to be informed about a company's business situation, their employment prospects and of any decisions that may lead to substantial changes to either their work or contracts. This will include redundancies and transfers.

A discussion paper has now been issued by the Government. Entitled 'High Performance Workplaces', it includes draft regulations and sets out the Government's views on implementation. Consultations will close on Friday 7 November.

The consultation document can be found at www.dti.gov/er/consultation/perf_work.htm More information is at www.dti.gov/er/ consultation/proposal.htm