Employment News Round-Up
Employment law is ever-evolving in its attempt to keep pace
with the changes in a more transient and multicultural society,
and amidst immense technological advances. Here is a round up
of some of the recent developments, some perhaps more welcome
than others.
Employing Illegal Workers
New rules under the Immigration Asylum & Nationality Act
2006 came into force on 29 February 2008 and introduced higher
sanctions if an employer knowingly employs someone without
permission to work in the UK. The liability is now an unlimited
fine and a prison sentence of up to two years. Home Office
figures indicate that in the first 80 days of the new illegal
working regime action was taken against 137 businesses,
compared to only 11 successful prosecutions under the old
regime in the previous year.
Fingerprint Technology and Monitoring Employees
Budgens stores are piloting a scheme in which
fingerprint-based technology is being used to allow employees
to clock in and out of work. Ultimately if successful, the
pilot could mean the use of fingerprint technology to monitor
the movements of employees across the UK.
Corporate Manslaughter
The Corporate Manslaughter and Corporate Homicide Act 2007
is now in force with the aim of making it easier to pursue
successful prosecutions against organisations whose management
failures have led to a death. There will be an unlimited fine
on an organisation where there has been a gross breach of the
duty of care to the deceased.
National Staff Dismissal Registers
A database containing details of employees who have been
accused or dismissed for misconduct is to be launched later
this year. The database will be available to companies by
subscription and is organised by Action Against Business Crime,
who act in partnership with the Home Office and the British
Retail Consortium. Though this has attracted little media
attention there is likely to be considerable protest once
launched as it will enable employers to report former employees
who are merely "accused" of acts of misconduct such
as theft and regardless of whether they were charged, and/or
found guilty. Whilst businesses may welcome the database they
would be advised to be cautious of the potential implications
for litigation.
Sex Discrimination Act - More Liability
Under the new rules employers are required to protect staff
from sexual harassment by customers, suppliers and anyone else
whom the employee may encounter in the course of their work.
Employees will be...
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