Professional Standards Committee Appoint Rebekah

Managing Director, Rebekah Handford MREC, has been appointed to the Recruitment and Employment Confederations’ Professional Standards Committee.

The role of the Professional Standards Committee is to review and make recommendations for action with regard to complaints made against corporate and individual members which the Professional Standards Team escalate to the Committee.

The REC is the representative body for the UK’s private recruitment and staffing industry with a membership of more than 8,000 corporate members comprising agencies and businesses from all sectors and 6,000 indvidual members made up of recruitment consultants and other industry professionals. All members must abide by a Code of Professional Practice.

Tribunal Awards Maximum 50% Uplift On Damages – Bells Solicitors

On the 10th February 2009, Employment Law Partner, Dermot Burke, attended the Central London Employment Tribunal and was successful in obtaining a damages award for their client, Mr Smith (real name with-held) again his former employer, Konica-Minolta Business Solutions (UK) Limited.  However, the important aspect of the case is that Employment Judge, Miss A M Lewzey, accepted Dermot’s arguments under section 31 of the Emploument Act 2002 that the sdamages award should be increased by the maximum 50% in view of Konica-Minolta’s failure to apply property disciplinary procedure when deciding to dismiss.  Dermot comments:

“This was a particularly unfair dismissal, amounting to breach of contract.  Mr Smith suffered a bereavement and was signed off work by his docutor with stress.  Initially his manager (who worked ina  different office) was sympathetic and told him to take as much off as he wanted.  However, after only two weeks he began to apply pressure on Mr Smith to return to work.  Mr Smith dis so, but his return to work conincided with his manager’s summer holiday.  When his manger returned from holiday he formed the view, quite wrongly, that Mr Smith was still absent from work.  Without investigating the posuition he sent Mr Smith a letter dismissing him without notice for gross misconduct, alleging unauthorised absence.  Mr Smith appealed the decision but was refused a hearing – he simply received another letter from a more senior manager, confirming the decision to dismiss.  Although the company has a documented disciplinary procedure, it was not implemented.

“It is very difficult to get an uplift on damages of more than 20%.  A Tribunal must award 10% extra if it finds that the standard statutory dismissal procedure has not been implemented but thereafter it is a matter of discretion.  The Employment Tribunals have been very reluctant to apply section 31 to its limit, which his a 50% uplift, but on this particular occasion the conduct of the employer was poor and I thought the judge might be willing to go out on a limb, and so it proved”

The standard dismissal and disciplinary procedure (SDDP) has been something of a disaster since it was introduced by the government in October 2004.  It is going to be repealed in April 2009, to be replaced by th a voluntary code drafted by ACAS.  In effect, the clock is being turned back to pre -2004 regime although there will still be a procedure for applying uplift in the absence of a fair procedure not being followed.  However, the maximum uplift will be 25%.

Introduction of Identity Cards

On the 25th November 2008 the UK Border agency began the process of introducing compulsory identity cards for foreign nationals.

The first stage of the roll-out will focus on foreign nationals from outside the EU and Switzerland who are coming to the UK for 6 months or more and those applying for extension of their permission to stay in the UK.

What Does The Card Look Like?
The card is the size of a credit card and slightly thicker than a driving licence. It shows the holders date of birth, nationality, immigration status and a black and white photograph. The chip will utilise biometric technology (fingerprinting and facial imagery).

Checking The Authenticity Of An Identity Card
Compare the name, date of birth, age etc of the holder match those on other information provided by the holder. Check the card number on the top right hand corner of the front of the card. It should comprise 2 letters followed by 7 numbers. Check for signs of tampering. The photograph should not be in colour.

If you have any concerns contact the UK Border Agency verification line 0300 1234699

Agency Workers Summit

Managing Director, Rebekah Handford MREC, joined over 400 recruitment professionals and representatives from client companies on the 27th November to debate the introduction of the Agency Workers Directive. The REC is working closely with the CBI and TUC and are presenting the findings of the Agency Workers Commission to the Employment Minister this week (WC 9th February 2009). If you would like more information on the Agency Workers Directive and how it might affect your business, please contact Rebekah Handford MREC.