STRESS AWARENESS DAY 2nd November 2005 is National Stress Awareness Day (NSAD) and to coincide with this year’s event the International Stress Management Association UK (ISMA UK) is joining forces with HSE to host the Making the Management Standards Work conference. The main aims of the conference are to introduce the HSE Management Standards; to share good practice with others; to learn about the long term business benefits of effectively managing work-related stress and to explain the HSE Stress Programme’s plan for the future. Work-related stress is the leading cause of working days lost through work-related injury or ill-health with an estimated 12.5 million days a year lost in 2003/04. Each reported case of stress leads to an average of 28.5 days lost. Contact 01772 767705 or email: stressconference@glasgows.co.uk for further details of the conference.

DDA RULING: ACTUALITY MATTERS NOT PERCEPTION In Hinton v Copal Castings Limited the Employment Appeal Tribunal (EAT) has ruled that when considering whether an employer’s duty to make reasonable adjustments had arisen, the position should be judged on the employee’s actual condition, rather than what they and the employer believed at the time. Mr Hinton had been diagnosed with diabetes which both he and his employer believed was type 1 diabetes, i.e. the type that requires regular insulin injections; close monitoring of blood sugar levels and also constitutes a disability under the Disability Discrimination Act (DDA). Mr Hinton was off work sick for a number of weeks and when the company enquired about his progress and forecasted return to work a request was submitted on his behalf that in light of his condition he be allowed to return on a part-time basis. The company said it was unable to accommodate his request and suggested he apply for voluntary redundancy instead. Shortly after this communication it became clear that Mr Hinton had type 2 diabetes rather than type 1, and type 2 does not constitute a disability under the DDA since no injections or special treatment is required. However, Mr Hinton heard nothing further from the company and two months later resigned his position. He then claimed constructive dismissal and disability discrimination. The Employment Tribunal (ET) upheld Mr Hinton’s claim on both counts. The company was duty bound under the DDA to make ‘reasonable adjustments’ to his working arrangements and this might well have included allowing him to return to work on a part-time basis – the company’s failure in this respect constituted disability discrimination. Furthermore the ET found that the company’s suggestion of voluntary redundancy and its subsequent lack of communication with Mr Hinton had resulted in broken trust and confidence that amounted to constructive dismissal. In appealing the decision the company argued that when considering whether the duty to make reasonable adjustments arose, the position should be judged on the true facts of the case, rather than what the parties believed at the time, and that by the time of the tribunal, the fact was that Mr Hinton did not have type 1 diabetes and therefore was not ‘disabled’ under the DDA. The EAT agreed with the company in this regard – the EAT was clear that the DDA only applies to “a person who has a disability”. It overturned the ET’s ruling of disability discrimination but upheld its decision of constructive dismissal. This ruling contradicts every other form of discrimination protection in the UK where individual perception dictates liability. It will be interesting to see how this one unfolds in future tribunals. For advice on the DDA and making reasonable adjustments contact access@bravanark.co.uk

I DON’T LIKE MONDAYS According to a recent survey by the Employment Law Advisory Services, 9 out of 10 of the SMEs questioned said the most common day for sickness was either Monday or Friday. 67% of the 600 SMEs who took part in the survey said Monday was by far the worst day of the week for sickness whilst 23% cited Friday. It is estimated that UK businesses currently lose almost £12 billion a year as a result of staff absenteeism – an average of £601 per employee per year! For advice on managing absence contact HR@bravanark.co.uk.

CONSULTATION: GENDER EQUALITY DUTY The government is seeking views on its proposals to introduce a public sector duty to promote gender equality – commonly referred to as the Gender Duty. The proposals will require public authorities to eliminate discrimination and promote equality of opportunity between men and women and this includes its service provision as well as its internal pay structures. We are generally all external stakeholders in some form or other when it comes to the public sector and now is our opportunity – the best for 30 years says the Equal Opportunities Commission – to change the climate and culture in which policies are made. The consultation document can be downloaded from here. The consultation period runs from 4 October 2005 to 12 January 2006.

SMOKERS UNDER FIRE It seems that smokers are coming under increasing fire both in their leisure times and at work this month. Newspaper reports are predicting a government U-turn over its manifesto plan to allow smoking in pubs that do not serve food thereby making a total ban seem more and more likely. Nottingham City Council meanwhile has introduced a policy that offers smokers the option of either clocking in and out when taking cigarette breaks or adding 2 hours to their working week. The move is a response to the perception that smokers are getting ‘unfair’ extra breaks than their non-smoking colleagues. Contact HR@bravanark.co.uk for advice about implementing new or amending existing policies or HS@bravanark.co.uk for advice about smoking in the workplace.

INEFFECTIVE MANAGEMENT COSTING UK £88 BILLION A YEAR According to a recent report by Proudfoot Consulting 37% of all working time is wasted and it is costing the UK economy £88 billion a year. The Proudfoot Productivity Report cites research on 2500 company case studies across 12 countries and reveals that three quarters of time spent is being ‘wasted’ as a result of ineffective management practices such as poorly planned or managed work or inadequate supervision of workers. Bravanark is an advocate of optimising the people processes within an organisation and this report supports the notion that if staff are managed effectively it will positively affect a company’s bottom line. Kevin Parry, chief executive of Proudfoot Consulting’s parent company MCG Group said “Tackling ineffective management and work processes, and improving worker supervision may not be glamorous, but they are certainly the fastest and lowest cost routes to higher output and financial performance.” The report coincides with another recent study published by The Good Boss Company who found that according to UK employees, nearly 1 in 4 of Britain’s bosses are “bad or dreadful”. The Good Boss Report found that 45% of employees claim their bosses are poor listeners and 38% claim that their bosses publicly criticise or humiliate them. Contact HR@bravanark.co.uk for information on improving management skills.

COMPANY DIRECTOR JAILED FOLLOWING WORKPLACE FATALITY Paul White, company director of MW White Ltd of Norwich has been sentenced to a 12 month custodial sentence after pleading guilty to manslaughter and health and safety charges. His company was also fined £30,000 and ordered to pay costs of £55,000. The case was brought against Mr White following the death of Kevin Arnup, one of his employees. Mr Arnup climbed into a paper-shredding machine to clear some blockages and was fatally injured when the machine started up again when he was still inside. Paul Carter, the HSE investigating Principal Inspector said “It was a horrific incident that was entirely foreseeable. Isolating the machinery, a safe system of work for clearing blockages, together with adequate instruction, training and supervision of Paul White’s staff would have prevented this incident. Evidence showed that Paul White chose not to follow the advice of his health and safety consultant and instead adopted a complacent attitude allowing the standards in his paper recycling business to fall. I encourage all employers to take a fresh look at their business activities, review their risk assessments to ensure that sensible control measures are in place and that employees understand what is expected of them.” Contact HS@bravanark.co.uk for advice about safe systems of work.

DID YOU KNOW... That 60% of British employees would take a pay cut if it meant reduced pressure at work?

AND FINALLY...... found on a packet of Marks and Spencer’s bread pudding: "Product will be hot after heating"

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