Out with the Oldies

It was widely reported in the national press this week how elderly members of staff at the Marquess of Bath’s estate at Longleat had been forced to retire.

It was reported that over a two week period, every worker over 65 years, including 18 over the age of 70, had been given their marching orders by the Marquess’s son Ceawlin, who now runs the estate.

So is this allowed?

At the moment, employers can compulsorily retire an employee at 65 but only until new legislation comes into force in October 2011, that will prevent them from doing so.

This forthcoming change is thought to be behind the action at Longleat and Age UK has reported that similar incidents have been brought into its attention.

So is the answer to get rid of all the oldies now?

This approach should be used with some caution and employers will need to make sure that they do not discriminate against people on the grounds of their age. If they are going to make anyone compulsorily retire, then they must make sure that they do so in accordance with the Employment Equality (Age) Regulations 2006.

Failure to do so could result in hefty orders being made against them by the Employment Tribunal which might prove very expensive indeed, even if you are a Marquess.

The employers guide to the office Christmas party

Christmas is the time for cheer, the office Christmas party and the odd tipple but are you aware of the risks to you as an employer?

If you are going to provide drinks at the office party, limit the number of free drinks and make sure there are plenty of non alcoholic choices available. This will avoid any issues of religious discrimination. Be prepared to send an employee home if their conduct becomes inappropriate.

Remember that employers can be held responsible for employee’s actions during and after the Christmas party. If your employees have been drinking make sure that they don’t drive home and give some thought to providing pre-arranged transport. It doesn’t have to be at your cost but paying for a cab or mini bus could save you a lot in the long run.

Driving whilst under the influence of drink or drugs in the course of employment can have serious consequences for an employer at Christmas, or any other time. If your employee causes a death as a result of driving under the influence you as the employer can be held liable and the Courts have the power to order huge fines that could bankrupt a small company. Even worse, you could be faced with a prison sentence for corporate manslaughter.

If you are planning on decking the halls of the office with boughs of holly you must also be aware of health and safety issues. According to the Royal Society for the Prevention of Accidents over 1,000 people are injured every year by unsecured Christmas trees. If you are planning on party balloons, just be aware that over 3.6million people have a latex allergy.

Needless to say, it is essential to make sure that you have an up to date policy and a no-nonsense approach to disciplining any employee found to be driving whilst under the influence or whose conduct becomes inappropriate. Getting this right isn’t just for Christmas.

New face at Employment Department

The Employment Department at Barnes Marsland has strengthened its team with the appointment of Sarah Hamer.

Sarah will be based at the Margate office working closely alongside Colin Chapman to offer high quality legal advice to employers in the area. Sarah joins from MTA in Bromley and has specialised in Employment Law for over five years dealing with about 350 cases at Employment Tribunal.

“Employment is one of the few areas of the law that is always changing and business leaders just can’t afford to get it wrong” says Sarah.

Sarah lives in Broadstairs with her husband and 15 month old son. She was born in Margate and grew up in Minnis Bay and still has family in the area.

“Local business will be seeing more of me“, explains Sarah “and I am always happy to advise on the perils of Employment law.”

Sarah Hamer will be helping Colin on the blog and can be contacted at the Margate office on 01843 221466 or sarahhamer@barnesmarsland.co.uk