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Employment Law Update

Employment Law Update

Welcome to September’s Employment Law Update. This month we investigate a website that produces and sells fake fit notes, and we tell you how to avoid falling into the trap. We also take a look at gender-specific dress codes and discrimination, plus upcoming employment changes taking place this month.

Beware, Fake Fit Notes

It’s been discovered that a website is producing and selling fake fit notes on NHS headed paper – with real doctors’ names and stamped with an official stamp.

Although the site contains a disclaimer, which clarified that they should only be used “novelty” purposes, it goes on to state that the certificates will be stamped: "...BY A DOCTOR IN ANY PARTICULAR CITY FACILITY - London, Manchester, Birmingham, Glasgow - or any other area."

Upon investigation, the NHS fraud squad said that selling fit notes is not illegal - so in effect, a person could type one up and sell it without being prosecuted and it only becomes illegal when an employee uses it.

It’s advised that employers compare any new notes with previous fit notes from the employee’s surgery, and to also implement a policy of “spot-checks” whereby doctors’ surgeries are contacted to verify authenticity.

Please note, specific advice should be sought by calling your Lawyer, or alternatively, you can arrange an appointment to speak to one of our qualified advisors. For more information, please call 0800 733 337.

Dress codes

Does enforcement of a gender-specific dress code amount to discrimination? The following last case finds out.

A. Dansie, a male police officer, reported to his training with shoulder-length hair tied back in a bun.  The code required recruits to wear hair above the collar or, if long, fastened close to the head. He was initially allowed to wear his hair this way but, when he started training, he was told to get his hair cut.  Mr Dansie later made a claim of sex discrimination.

The Employment Appeal Tribunal (EAT) upheld the tribunal's decision that Dansie's claim of unlawful discrimination should be dismissed.  It was decided that the force’s dress code was itself gender neutral. Additionally, a female police officer would have been required to comply with any provisions of the dress code which affected women, in the same way that Mr Dansie was required to comply with the dress code as it affected him.

Many employers have dress codes, uniform policies or similar in place, and this decision should provide comfort to them that such codes may continue to include gender-specific provisions. However, any provisions must be gender neutral.

Please note, specific advice should be sought by calling your Lawyer, or alternatively, you can arrange an appointment to speak to one of our qualified advisors. For more information, please call 0800 733 337.

Some changes taking place this month

Single Equality Act Introduced - 1 October 2010

The Equality Act 2010 combines existing equality law into a single piece of legislation and brings in a number of reforms. It defines direct discrimination as less favourable treat because of a protected characteristic. It also prohibits employers from asking questions about health before offering a candidate a post.

Increase of national minimum wage to £5.93 per hour - 1 October 2010

The main rate of the national minimum wage rises from £5.80 per hour to £5.93 per hour (this rate will apply to 21-year-old workers)

The developmental rate from £4.83 per hour to £4.92 per hour

The rate for workers aged 16 to 17 years increases from £3.57 to £3.64 per hour

An apprentice rate of £2.50 per hour will apply to apprentices who are under 19 or those who are aged 19 and over but in the first year of their apprenticeship.

Keeping up to date can be an onerous task, for even the most well organised departments, but it needn’t be. Find out how Ceridian’s products and services can help, by calling 0800 733 337