This year is set to be just as challenging. The implementation of statutory disciplinary and grievance procedures will mean many housing providers will have to amend the way in which they handle such issues, to minimise their exposure at employment tribunals.
The Disability Bill will, when enacted, implement measures proposed by the disability rights taskforce and will have significant implications for local authorities. The new measures include a positive duty to promote equality of opportunity for disabled people. They will also extend the Disability Discrimination Act to cover almost all areas of the public sector, including councils.
Meanwhile, the new Commission for Equality and Human Rights is likely to lead to a general overhaul of discrimination legislation. Hopefully this will mean that the separate legislation covering discrimination on grounds of sex, race and disability will be consolidated, so that there will be only one legal standard to be adhered to.
In 2003, the government announced that it intended to take forward reform of the 1981 TUPE regulations after consultation. It is believed that the proposed reforms will include provisions to ensure that TUPE applies whenever there is a contracting-out of services from the public to the private sector, but it is unlikely that this will go as far as the local authority code of practice. This will mean the disparity in treatment between employees affected by a contracting-out of services from councils and employees who otherwise transfer under TUPE – the so-called "two-tier workforce" – will continue.
Last month's Queen's Speech included further proposals for change. These included legislation to strengthen the rights of workers who seek flexible working and protection against dismissal for being lawfully on strike.
One of the most important changes was the Pensions Bill, which is central to the government's strategy to rebuild confidence in the pensions industry. This bill could have significant implications for many housing providers. Its provisions include the requirement that a pension protection fund be set up to protect employees and pensioners where organisations become insolvent. The bill will also mean the introduction of a pensions regulator.
Watch this space to find out how all these changes will affect you …
Source
Housing Today
Postscript
Amanda Harvey is a partner and head of employment at legal firm Devonshires amanda.harvey@devonshires.co.uk
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