Slapdash email reference was unfair to employee

Employers should follow the advice of the three monkeys and hear, speak and see no evil when passing on information about former employees. Following a High Court ruling, a college has to pay damages to an ex-employee after sending a ‘negligent misstatement’ to a prospective future employer. In the case. art historian Mr McKie was sacked from his new job at the University of Bath after a bungled disciplinary hearing was triggered by an email from his former employer, Swindon College, Wiltshire.

The email from Robert Rowe, Swindon College’s human resources manager, to the University of Bath, read: “Further to our telephone conversation I can confirm to you that we would be unable to accept Rob McKie on our premises or delivering to our students. The reason for this is that we had very real safeguarding concerns for our students and there were serious staff relationship problems during his employment at this College. “No formal action was taken against Mr McKie because he had left our employment before this was instigated. I understand that similar issues arose at the City of Bath College.” The email arrived in June 2008 – almost six years after McKie had left Swindon College for other jobs at City of Bath College and Bristol City College.

Judge Denyer QC was critical of Swindon College, saying: “The procedure adopted at Swindon College giving rise to the sending of the email, can be described as slapdash, sloppy, failing to comply with any sort of minimum standards of fairness, certainly any such standards as would be recognised by any judicial body taking decisions and disseminating information about another individual, because Mr Rowe agreed he had no personal knowledge of things at all”. The judge further criticised the disciplinary hearing, as this was chaired by Dr Faith Butt of the university, who also sat on Swindon College’s board of governors. “The idea that she should have been part of a disciplinary process whilst being on the governing body of Swindon College, I find staggering,” said the judge. “It contradicts almost every rule, as it seems to me, about decision making in a quasi-judicial matter. There is a conflict of interest”.

The judge found in favour of McKie.

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Regulator wants to tighten rules on women in boardrooms

Companies with a lack of women in the boardroom may have to publicly explain their director selection policies in future.

Corporate regulators have started consultation on the move with a view to announcing a decision on any changes later in the year.

The consultation follows a report on women in the boardroom by Lord Davies in February that recommended the Financial Reporting Council (FRC) should update the UK Corporate Governance Code to require listed companies to publish their policy on gender diversity in the boardroom and report against it annually.

The FRC also wants to know whether the code should identify some of the factors boards should consider when they carry out effectiveness reviews.

FRC chair Baroness Hogg said: “Board diversity and effectiveness are closely linked. Diversity widens the perspectives brought to bear on decision-making, avoids too great a similarity of attitude and helps companies understand their customers and workforces. A board with too few women on it risks a weakness in at least one of these respects.

“It was these concerns that led us to add a reference to the benefits of diversity in general, with specific reference to gender, when the UK Corporate Governance Code was updated last year. As Lord Davies noted in his report, the rate of change in recent years has been glacial. That is why we are now responding to his proposal that boards should report on their gender diversity policy by consulting on whether it would be appropriate to add this to the Code.”

Consultation closes on July 29.

Download a copy of the consultation document from Consultation Document: Gender Diversity on Boards

The FRC is the UK’s independent regulator for promoting high quality corporate governance and reporting to foster investment.

The UK Corporate Governance Code sets out standards of good practice including on board composition, remuneration, accountability, audit and relations with shareholders.

All listed companies must report on how they have applied the code in their annual report and accounts.

The code was amended in June 2010 to state that “the search for board candidates should be conducted, and appointments made, on merit, against objective criteria and with due regard for the benefits of diversity on the board, including gender.”

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Handling the fallout from a workplace affair is a loveless task for managers that lawyers have made all the more complicated.

No one really feels sorry for BBC TV presenter Andrew Marr’s anguish over resorting to a superinjunction to gag the press from reporting his affair with a fellow journalist, but his case highlights the hypocrisy of couples who have affairs.

Rather than resort to a superinjunction, Marr and the many other entertainment and sporting figures who hide behind them, ought to man up to their infidelities.

It’s amazing that these people trot out excuses about the adverse effects publicity would have on their wife and children when they should have considered the consequences of their actions before leaping between the sheets.

Instead, they resort to asking colleagues to cover their indiscretions and in extreme cases for the wealthier lotharios, to law.

A similar scenario triggered a succession of recent high profile court cases in ETK v News Group [2011] EWCA Civ 439

The case concerns a married man, ETK, who is a well-known entertainer. He and his wife have two teenage children. Towards the end of 2009 he started an affair with a work colleague, X, who is also married.

Around six months later, ETK’s wife found out about the affair and confronted her husband. He ended the affair and they patched up their differences.

The episode soured the working relationship between ETK and Ms X, but they soldiered on until the end of last year when their employer dispensed of Ms X’s services.

She felt that the employer was siding with ETK and threatened action against the employer.

Somewhere along the line, newspapers picked up the story and ETK sought an injunction to stop them publishing on the grounds of the distress the story would cause his children.

The first judge disagreed and the case went to appeal, where his case was upheld.

Along the way, the judges remarked that work colleagues should reasonably be expected to treat their knowledge of the affair as confidential and disclosing the affair would be offensive.

The question is if a workplace affair becomes known to colleagues, why should the “disclosure” of such an affair necessarily be regarded as offensive?

If the affair is widely known, it is just as offensive for the couple’s families not to know what is going on.

That’s the dilemma for the manager – is a sexual relationship in the workplace treated the same as any other confidential internal business or not?

Workers want their affairs kept under wraps because they fear the consequences in their work and married relationships, like public image, separation, divorce and financial repercussions.

After thinking about number one, they may consider their partners and children.

Behind that comes the opinions of work colleagues, effects on morale and job performance.

This judgment does nothing to improve morals or ethics in the workplace but everything to reinforce the self-serving cowardice of the rich and famous to hide behind a veil of secrecy they do not deserve.

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Do you want more than what Diversity Training can deliver? See Diversity at Work in the workplace http://www.diversityleaders.org/our-services/training-a-events

Ageist youngsters resent working with the over 60s

Ageist youngsters resent working with the over 60s Workers over 60 should give up their jobs to make way for young adults who can work faster and more effectively, according to a survey. Young adults aged 18 – 24 years old were revealed as harbouring ageist attitudes in the workplace in the study for care home and retirement property provider Anchor. More than 2,000 were questioned and around 40% (800) answered that they did not believe enough were jobs were available for the over 60s to keep working, while 14% went as far as urging them to retire to make way for youngsters. One in five (21%) claimed over 60s were slower and less productive than youngsters and 5% said they should take a pay cut for not working as effectively as others.

In response to the study, Anchor wants the government to appoint a ‘grey pride’ minister to champion older workers. The firm is calling for 10,000 people to sign a petition supporting the call for handing over to 10 Downing Street later this year. Anchor chief executive Jane Ashcroft said: “Casual ageism has no place in society and the negative perceptions bear no reality to the lives of the over-60s today who are active, energetic and contribute hugely to many of the most successful businesses and organisations in the country. “The dismissive attitudes highlighted by Anchor’s research towards the over-60s are a sad indictment of attitudes in this country.” She went on to say that it was unfair that the government had ministers for equality, women, the disabled and children but not for the over 60s, who comprise 25% of the population. Other findings from the study reinforced the ageist stereotype by suggesting the over 60s were grumpy (18%) and out of touch with the modern world (21%). Around 70% of young adults dismissed older relatives as important family members, 10% felt visiting older relatives was a chore and 5% did not know what to say when they met their older relatives.

 

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Electrician’s cross in van sparks row with employer

A housing association electrician is facing disciplinary action from his employer in a row about displaying an eight-inch palm cross in the windscreen of his works van. Colin Atkinson, 64, was asked to remove the cross after a tenant of Wakefield and District Housing Trust complained. He refused and an inquiry is underway pending a disciplinary hearing next month.

Mr Atkinson has worked for the housing association for 15 years and claims he has had a cross on show in his van while he worked for all that time. “The treatment of Christians in this country is becoming diabolical…but I will stand up for my faith,” he said.

The housing association, which runs 31,000 homes, bars drivers from displaying personal items in vehicles, but agrees they can wear religious symbols or display them on their desks so tenants or visitors do not form the view the association favours any specific religion or faith.

Gillian Pickersgill, executive director of people at the association, said: “It’s not about religion – it’s simply about employees not displaying personal items in company vehicles.” The housing association has a diversity policy that includes representation at various local events to promote this strategy, such as a gay pride.

If Mr Atkinson and the employer fail to come to an agreement, he could face the sack for gross misconduct at the disciplinary hearing.

Andrew Minichiello Williams, chief executive of the Christian Legal Centre, which is supporting Mr Atkinson, said: ‘This smacks of something deeply illiberal and remarkably intolerant. Freedom of expression now needs to be robustly defended. When a man can’t display a palm cross in his van in a historically Christian country, it should give people serious pause for thought.”

A palm cross is generally made from the fronds of a palm leaf, which according to the Bible were laid on the ground when Jesus entered Jerusalem. The palm cross is often seen during Palm Sunday services in the run up to Easter.

Minister urges transgender community to set equality agenda

Equalities Minister Lynne Featherstone has announced the government is publishing the first transgender equality action plan later this year.

She revealed the proposal in the Government Equalities Office’s (GEO) first transgender e-bulletin.

http://www.equalities.gov.uk/pdf/GEO_Transgender_e-bulletin_1-AprilMay.FINAL.pdf >

In the bulletin, Ms Featherstone urged the transgender community to tell the GEO exactly what they want to see in the action plan by completing a confidential online survey by May 6.

http://www.surveymonkey.com/s/3DVWS8S>

The results will become part of the GEO’s policy framework for lesbian, gay, black and transgender issues – but the minister confirmed the government recognises transgender issues are distinct and need addressing separately.

“I believe for transgender people we have not been so successful. For far too long too many of you had to put up with the most despicable forms of hatred and bigotry which blight not only your lives, but undermine the principles upon which this country prides itself, said Ms Featherstone.

“We won’t be successful without your involvement. To make sure we really deliver for the trans community, we need to know how you think we should be progressing the agenda.”

The survey looks at issues that include health, education, employment, personal safety, and participating in public and political life. Questions are also asked about what the government is doing right and areas for improvement.

” I spent years campaigning for trans equality from the backbenches. Now I am the Government Minister for Equalities I have this extraordinary opportunity not just to say, but to actually do,” added Ms Featherstone.

“We, as a country, pride ourselves on successfully consigning the worst examples of discrimination to the past.

” I am committed to putting a stop to this and ensuring trans people are afforded the same opportunities, freedoms and rights as any other citizen.”

Ms Featherstone has also record a video message to go with the bulletin.

http://www.youtube.com/watch?v=xCLDCfU3bAo >

Public sector has to consider equality duty

The Public Sector Equality Duty (PSED) has finally landed after months of argument and debate.

From today (April 6), PSED obliges around 27,000 public sector organisations across the UK to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations across minority groups.

The public sector has to demonstrate diversity management by encouraging equality to everyone, regardless of age, sexual orientation and religion or belief.

This adds to any other legal responsibilities relating to disability, gender, and race.

Many public bodies are already demonstrating progress with equality and have found practical ways to eliminate discrimination in their services or workplace, says the Equality and Human Rights Commission (EHRC).

Andrea Murray, the EHRC Director of Policy, said: “For equality to flourish it is important that public bodies understand the impact of their decisions on all groups in society and that they can be held to account for them.

“The new duty broadens the issues that public bodies have to take into account when making decisions. It requires them to understand the needs of their service users and to reflect equality considerations in their employment practice, the design of policies and the delivery of services.”

The next step is introducing equality targets for the public sector. This starts now for Wales – England and Scotland will follow later in the year.

English equality target laws – the Equality Act 2010 (Specific Duties) Regulations – are under consultation with interested parties.

The general duty is set out in Section 149 of the Equality Act, which states that anyone subject to the general equality duty must have due regard to:

• Eliminate unlawful discrimination, harassment and victimisation
• Advance equality of opportunity between different groups
• Foster good relations between different groups

The duty to have due regard to the need to eliminate discrimination also covers marriage and civil partnership.

Long-term unemployed thrown on the job heap

In a reversal of trends, up to a million long-termed unemployed receiving incapacity benefit will find they are thrown on the job heap if they fail pass a new fitness for work test.

If the test – introduced today – finds they are fit for work, they will lose incapacity benefit and shift to jobseeker’s allowance or other benefits, depending on the level of financial support a computer score decides they need.

The final decision over who has to look for work and who continues to receive benefits for their incapacity is made by a computer that allocates points depending on results of tests designed to asses physical functions, like motor ability.

For many, their disability profile becomes as personally and financially important as their credit profile.

The winners or losers – take your pick for which term applies to those now seeking work – will also have to compete with the nation’s 2 million unemployed for the 500,000 mainly part time vacancies the latest government figures suggest are available for those seeking work.

Many are questioning if disabled people on incapacity benefit who are now reclassified as fit to work will find themselves at a major disadvantage when pitted against candidates that are more able-bodied.

In the end, the real issue is not the label applied to someone who claims benefit but the affect the change has on their lives.

After all, whatever incapacity led to a person being deemed as unable to work is still there – it’s just the definition of what ‘unable to work’ means that has changed and how that definition affects the benefit that is paid.

Long term, introducing the test and pushing incapacity benefit claimants in to the job market is akin to rearranging deck chairs on the Titanic.

The underlying challenge remains for the government and society to decide how much money the country wants to invest in the less able in a time of economic stress.

Witch sacked for casting a spell on car heater

Diversity management is about tolerance, common sense, and respect for co-workers – so what happens if someone in your department complains about a colleague on the grounds of their religion?

More than likely you try to foster mutual respect and a wider understanding of the other’s culture and beliefs.

Then you are told that the religious beliefs under attach involve witchcraft and the worker complained because they were scared of their colleague casting spells.

Obviously, the next step is to fire the witch – the modern day equivalent of burning at the stake.

Well, that’s how the US government agency, the Transportation Supervision Administration handled the issue for Carole Smith.

Ms Smith was a security officer at New York State’s Albany Airport.

She was sacked on the grounds of threatening workplace violence for allegedly practising witchcraft – namely putting a spell on co-worker Mary Bagnoli’s car that caused the heater to malfunction.

“I was dumbfounded she said. “I told him, that’s not what Wicca is. We don’t cast spells. That’s not witchcraft. That’s black magic, voodoo, or something else. To put a spell on a heater of a car, if I had that kind of power, I wouldn’t be working for TSA. I would go buy lottery tickets and put a spell on the balls.”

Assistant director Matthew Lloyd handled the sacking and testified at an Equal Employment Opportunity Commission hearing that there was no genuine threat of workplace violence. He felt the problem was a personality conflict made worse by fear of an unfamiliar religion.

He suggested Smith should consider mediation to explain her religious beliefs to her co-worker.

“I refused to do that. It’s not up to me to teach her my religion. I mean, would I have to go down and sit with her if I was Jewish?” said Smith.

The complaint, claiming discrimination based on religion, reprisal (for contacting an ombudsman), and disability (for an ankle she hurt on the job, and emotional stress caused by harassment), was dismissed.

Let’s look after the carers, urges support group

Around 500,000 Black Asian Minority Ethnic (BAME) carers in England save the state a staggering £7.9 billion a year by providing unpaid care for their loved ones.

This amount is equivalent to more than 40% of all government social care spending.

New research from lobby group Carers UK shows that BAME carers give more care than average while having to deal with language barriers, accessing culturally appropriate services and with stereotyping around caring. This puts them at greater risk of ill health, poverty, loss of employment and social exclusion.

Imelda Redmond. CBE Chief Executive of Carers UK said: “There is a strong economic imperatives to supporting BAME carers, in preventing ill health and ensuring they can juggle work and care for longer. If this does not happen BAME families will have little choice to provide care, falling out of employment and risking ill health and isolation.”

The report recommends that as government cuts bite, councils and health bodies should work more closely with BAME carers.

“Britain’s population is ageing and with it increasing pressure to fund social care. The BAME population is younger than the White British population but in the next few decades we will see a significant rise in the numbers of BAME older people needing care. It is vital that creative funding and practical solutions are found to ensure that the right flexible and appropriate care is provided for BAME older people,” says the report ‘Half a Million Voices: Improving support for BAME carers’.

“It is important that a reformed NHS actively works to overcome the additional health challenges that are faced by BAME communities. There is an urgent need for the NHS to clearly understand and respond to the needs of carers and, within this, they need to understand BAME carers. Welfare reform, equally, needs to assess the impacts on BAME populations, including BAME carers and the people for whom they care.”

Download a copy from Carers UK

What is diversity? See http://www.diversityleaders.org/our-services/what-is-diversity

Do you want more than what Diversity Training can deliver? See Diversity at Work in the workplace http://www.diversityleaders.org/our-services/training-a-events