A round up of the latest HR and Employment Law updates and related stories.

EMPLOYMENT TRIBUNAL PROCEDURE – THE CLAIMANT’S RESPONSIBILITIES

A recent case has illustrated the fact that the Employment Appeal Tribunal (EAT) does expect claimants to take responsibility for adhering to the correct procedures when making claims to Employment Tribunals.

The case of Lungu t/a Len Fowler Trophies v Shell UKEATPA/1178/14/RN involved a registered blind claimant who lost his initial case before the Employment Tribunal. The claimant had 42 days to appeal that decision but submitted the relevant documents too late and therefore the appeal could not proceed.

The Claimant argued against this saying that his 42 days limit did not start until he had received a Braille version of the reasons for the decision. The EAT disagreed on the basis that the claimant had already told the Tribunal that he had computer software which “meant he was able to ‘read’ messages and ‘Word’ attachments emailed to him.”

NEW GOVERNMENT GUIDANCE – RECRUITING AND RETAINING TRANSGENDER STAFF

The Equality Act 2010 ensures that gender reassignment is one of the protected characteristics to provide protection from discrimination. However, the government have just published a guide to recruiting and retaining transgender staff.

Please see https://www.gov.uk/government/publications/recruiting-and-retaining-transgender-staff-a-guide-for-employers which is aimed at providing practical support and guidance.

This is produced as a result of what the government perceive as a “lack of awareness and understanding in relation to gender identity which sometimes results in employers failing to support staff effectively; often they lack the knowledge and the confidence to do so.”

The guide is aimed at addressing “the recruitment and retention of transgender staff from an operational and strategic perspective” and to help ensure that employers comply with the law.

The guide includes some of the following issues:

• Identifying gender on application forms (such as adding the category “other” to forms)
• The DBS process specifically for trans applicants (to retain confidentiality)
• Equality monitoring (an option which allows someone to state if their “gender is different from the sex they were assigned at birth.”
• Ensuring that your Dignity At Work Policy deals with disclosure/ discussion of a trans status
• The importance of planning the steps to put in place when an employee is planning to transition

NHS CONSULTATION ON WHISTLEBLOWING

A consultation has just been launched to get views regarding a proposed single national whistleblowing policy for the NHS in England.

The “Freedom to Speak Up” review, Sir Robert Francis QC concluded that whistleblowing within the NHS “requires urgent attention if staff are to play their full part in maintaining a safe and effective service for patients.” One of his recommendations for a more consistent approach across the NHS was a “single national integrated whistleblowing policy to help normalise the raising of concerns.”

Monitor, conducting the consultation, would like to hear from employers and all former and current NHS staff. There are specific areas which they would like you to consider. Please see: https://www.gov.uk/government/consultations/freedom-to-speak-up-whistleblowing-policy-for-the-nhs

Monitor have asked for suggestions and comments by 5pm on 8 January 2016. For more information email [email protected].

See this blog post for more information about whistleblowing and what amounts to a protected disclosure.

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