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Employment Issues Claims against employers for racial discrimination in the workplace are certainly on the increase if our current workload is anything to go by. Knowledge of equality law is of particular importance when employing workers from EU member states, e.g. Eastern European drivers. There is an alarming trend in the haulage and skip operating industry of the absence of employment contracts, which leave employers open to (often spurious) claims by workers of discrimination in the workplace. It is essential that terms and conditions of employment be laid down at the outset of employment so that each party is aware of its respective obligations. Another real issue facing employers today is the increasing problem of employees working under the influence of drink and drugs. This is particularly common where workers from different countries and cultures are employed where rules on drink driving are not as strictly enforced as in this country. Employers will potentially fall foul of a myriad of legislative requirements if they do not put systems in place to reduce such risks. The time to act is now! The introduction of a drink and drugs policy allowing employers to screen and test employees whilst at work may well be necessary where the operation of vehicles and machinery is involved but also in other working environments if a risk assessment so concludes. The correct implementation of such policies is vitally important. If put in place haphazardly, an employer will potentially leave itself open to claims for breaches of employment legislation including constructive dismissal or discrimination. It is important for employers to be proactive rather than reactive and get their employment policies and procedures in place. The potential costs in terms of money, stress, disruption and management time lost of a claim is so considerable that it makes absolute commercial sense to get one's house in order now rather than react only when a problem emerges - often this is too late! For further information on employment issues please contact Kathryn Lucas on kjl@dynesolicitors.co.uk. |
