| All strands of the discrimination
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| | likelihood of dire, unpopular
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| legislation contain a prohibition on
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| | consequences is likely to frighten one
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| "victimisation", preventing an employer
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| | not accustomed to legal controversy. It
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| from subjecting an employee to any
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| | will provoke, not a dispassionate
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| detriment by reason of the fact that the
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| | balancing of strengths and weaknesses,
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| employee has made an allegation or claim
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| | but fear and perhaps panic."
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| of unlawful discrimination. Without such
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| | Accordingly, the Council had gone further
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| protection from reprisals, the
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| | than necessary to protect its interests
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| discrimination legislation would be
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| | in the litigation.
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| significantly weakened.
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| | Comment
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| In the case of St Helens Borough Council
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| | The St Helens decision is a stark warning
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| v Derbyshire, the House of Lords had to
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| | for employers that they need to tread
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| determine whether, by exerting pressure
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| | extremely carefully when defending
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| on employees to settle an equal pay
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| | discrimination claims, putting themselves
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| claim, the Council had committed an act
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| | in the shoes of the claimant and
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| of victimisation.
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| | considering whether their actions may be
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| The Facts
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| | construed as causing unnecessary distress
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| The case concerned 510 school dinner
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| | or intimidation.
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| ladies, who argued that they were
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| | However, employers also need to consider
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| entitled to the same rate of pay as road
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| | their legal obligation to notify all
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| sweepers. The majority of the catering
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| | affected staff if a genuine redundancy
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| staff reached a settlement with the
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| | situation does arise. In light of the St
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| Council but a group of 38 brought an
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| | Helens decision, it is suggested that
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| equal pay claim in the Employment
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| | letters to the whole workforce should
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| Tribunal. Shortly before the hearing, the
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| | only be sent as a last resort, where cut
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| Council wrote to all of the catering
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| | backs have become inevitable.
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| staff stating that, if the claims were
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| | AND IN OTHER NEWS...
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| successful, the additional cost would
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| | England goes smoke-free
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| result in the need to cut back on the
| |
| | At 6am yesterday (1st July 2007), the ban
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| provision of school meals and this would
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| | on smoking in workplace (and enclosed
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| lead to redundancies. The dinner ladies
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| | public places) came into force. Under the
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| argued that this correspondence was
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| | legislation, employers face financial
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| intimidating and had caused them to
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| | penalties if they fail to take reasonable
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| suffer distress and reproach from
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| | steps to prevent smoking in the
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| colleagues. They therefore pursued an
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| | workplace, or fail to display prominent
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| additional claim of victimisation.
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| | "no-smoking" signs at the entrance to
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| The Decision
| |
| | their premises.
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| The central issue in the case was whether
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| | The end of statutory dispute resolution
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| the Council had made an honest and
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| | procedures?
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| reasonable attempt to settle the
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| | The statutory disciplinary and grievance
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| proceedings, or whether it had exerted
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| | procedures have proved unpopular with
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| undue pressure on the employees, so as to
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| | just about everyone who has had to
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| amount to a detriment by reason of them
| |
| | operate or interpret them, including
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| continuing their equal pay claims.
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| | employers, legal advisors and the
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| In finding that the existence of a
| |
| | Tribunals themselves. Building upon the
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| "detriment" must be assessed from the
| |
| | findings of the Gibbons Review, the DTI
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| point of view of the alleged victim, the
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| | has published a consultation document:
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| House of Lord concluded that the Council
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| | "Success at Work: Resolving disputes in
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| was guilty of victimisation. Two issues
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| | the workplace", the central proposal of
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| tipped the balance in the employees'
| |
| | which is the abolition of the statutory
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| favour:
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| | procedures. The consultation process has
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| Firstly, the Council had written to all
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| | so far revealed wide support for this
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| catering staff, including those who had
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| | proposal and so it looks like the
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| already settled. The obvious intention
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| | statutory procedures have had their day.
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| and/or effect of this was to bring
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| | What is less certain is when they will
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| indirect pressure on the dinners ladies
| |
| | disappear and what will replace them?
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| through the anger and disapproval of
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| | DRC 'names and shames'
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| their colleagues.
| |
| | The amended DDA places a duty on public
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| Secondly, the Council had written to the
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| | authorities to publish a disability
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| employees directly, rather than to their
| |
| | equality scheme (DES), showing how they
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| legal representatives. In the Tribunal's
| |
| | intend to eliminate unlawful
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| opinion: "A professional representative
| |
| | discrimination and promote equality of
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| can be expected to react calmly to such a
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| | opportunity for disabled people.
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| letter. But...a letter pointing to the
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| |
|
