New Guide for Employing Disabled Persons

CONTENTS:
1. New Guide for employing Disabled People 2. 2 Gray's Inn Square Seminar Notes - Follow-up (please read)

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NEW GUIDE FOR EMPLOYING DISABLED PEOPLE

The Minister for Disabled People, Margaret Hodge, yesterday launched a new guide to encourage and help employers in firms of all sizes to employ disabled people. The guide spells out the business benefits of taking advantage of disabled people's talents.

The guide, 'Employing Disabled People: A Good Practice Guide for Employers and Managers', is available from the Disability Discrimination Act (DDA) helpline (0345 622 633, or textphone 0345
622 644).

The guide gives advice to employers and managers on developing good practice in employing disabled people. It also describes employers' duties under the Part II of the DDA, which protects disabled employees from discrimination by employers (with 15 or more employees), and includes the duty on employers to make reasonable adjustments.



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2 GRAY'S INN SQUARE SEMINAR NOTES

I understand that some people who have requested the seminar notes offered
in Monday's E-mail have been receiving messages saying that their request
cannot be delivered. This is due to difficulties being experienced with
my ISP (Demon). The messages WILL get through - please be patient.

For the same reason, many people will not yet have received copies of the
notes. About 50% of the seminar notes are sitting somewhere in Demon's
system waiting to be distributed. Again, please be patient - you will get
them eventually.

Employment Law (UK) Mail List - Your Request for SI 1999/2830

THIS MESSAGE IS AN AUTOMATED RESPONSE

Please find attached, as requested, SI 1999/2830 (The Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999).

Also attached is a copy of the Employment Relations Act 1999.

The documents are saved in HTML format. You require Internet Explorer or Netscape Navigator to read them. If you require a plain text version, please E-mail me (see E-mail address below).

Both attachments are parliamentary copyright material. Parliametary copyright material is reproduced with the permission of the Controller of Her Majesty's Stationery Office on behalf of Parliament.

Unfair Dismissal Compensatory Award - supplementary

Employment Law (UK) List - http://danielbarnett.co.uk
The S.I. increasing the limit for the compensatory award to £50,000 has now been published (SI 1999/2830 - The Employment Relations Act 1999 (Commencement No. 2 and Transitional and Saving Provisions) Order 1999).

It makes it clear the the increased limit only applies to employees whose EDT falls on or after 25th October 1999 (see the transitional provisions in paragraph 8 of Schedule 3).

If you would like a copy of the S.I., please send a blank E-mail to auto@danielbarnett.co.uk?subject=SI-1999-2830

Compensatory Award Increase - 25th October 1999

employment_law_uk-subscribe@listbot.com or visiting http://www.danielbarnett.co.uk>

The date we've all been waiting for has been announced! With effect from 25th October 1999, the unfair dismsisal compensatory award will increase from 12,000 to 50,000.

The DTI press release does not make it clear whether this increase will only apply to dismissals where the EDT is on or after 25th October, or whether it will be retrospective so that any claims heard after 25th October will be subject to the new limit. Presumably, for reasons of certainty (and as has occurred in the past with increases to the compensatory award), it will apply only to cases where the EDT is after 25th October (and no doubt it will be made clear in the S.I., which will be printed in the next few days).

In addition, the following sections of the ERA 1999 will come into effect from 25th October:

s2 - tightening up the law protecting employees from discrimination on grouns of trade union membership or activities

s3 - giving the Secretary of State power to make regulations against the blacklisting of people because of T.U. activities - there will be a consultation paper issued with regard to this later this year

s18 - ensuring that employees working under fixed term contracts cannot waive their rights to claim unfair dismissal at the end of the term

ss19-21 - giving the Secretary of State powers to make regulations and issue Codes of Practice to eliminate discrimination against part-time workers and to help the development of flexible working time arrangements and opportunities for part-time work. There will be a consultation paper issued with regard to this shortly.

s22 - removing the requirement for residential members of religious communities to be paid the National Minimum Wage

ss26 and 27 - duties of ACAS are amended slightly

s28 - abolishing the offices of Commissioner for Protection against Unlawful Industrial Action and of Commissioner for the Rights of Trade Union Members

s29 - extending the powers of the Certification Officer

s30 - funding to promote partnership at work

s31 - extending time for prosecuting offences commited after 25th October under the Employment Agencies Act 1973

s32 - removing the territorial limits on employment rights, so that normal principles of international law will apply

s33-37 - simplifying the system of awards and payments made by employment tribunals or in redundancy situations

s39 - allowing tax and NI information gathered by the Inland Revenue to be used for the enforcement of the National Minimum Wage

s40 -amending the Schools Standards and Framework Act 1998 to reflect the reduction in June of the qualifying period for unfair dismissal rights from 2 years to 1 year

Disability Rights Commission

Bert Massie has been appointed as the first chairman of the Disability Rights Commission, which was created by the Disability Rights Commission Act 1999 to investigate and enforce compliance with the Disability Discrimination Act 1995. It has similar powers to the CRE and EOC to take up cases on behalf of those discriminated against.

Mr Massie, who is currently Director of the Royal Association for Disability and Rehabilitation, will start in his new post in January 2000.
It is anticipated that the Disability Rights Commission will be up-and-running by April 2000.

Somewhat fittingly, the appointment of Bert Massie (who is himself
disabled) is on different terms to those advertised. Mr Massie will work a 4-, rather than 5-day week, and will receive 80% of the advertised salary. The Secretary of State, David Blunkett, states that he is making reasonable adjustments to the post to take account of Mr Massies disabilities!


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