Date: 4 October 2010: Last Friday, the Equality Act 2010 came into force.
Over the last four decades, discrimination legislation has played an important role in helping to make Britain a more equal society. However, the legislation was complex and, despite the progress that has been made, inequality and discrimination persist and progress on some issues has been stubbornly slow.
The Equality Act 2010 provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them. The government is considering how the different provisions will be commenced so that the Act is implemented in an effective and proportionate way.
Provisions coming into force on 1 October 2010
- The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations and transport
- Changing the definition of gender reassignment, by removing the requirement for medical supervision
- Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers
- Clearer protection for breastfeeding mothers
- Applying the European definition of indirect discrimination to all protected characteristics
- Extending protection from indirect discrimination to disability
- Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment
- Applying the detriment model to victimisation protection (aligning with the approach in employment law)
- Harmonising the thresholds for the duty to make reasonable adjustments for disabled people
- Extending protection form 3rd party harassment to all protected characteristics
- Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health
- Allowing claims for direct gender pay discrimination where there is no actual comparator
- Making pay secrecy clauses unenforceable
- Extending protection in private clubs to sex, religion or belief, pregnancy and maternity and gender reassignment
- Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce
- Harmonising provisions allowing voluntary positive action
Provisions the Government is still considering include:
- The socio-economic duty on public bodies
- Dual discrimination
- Duty to make reasonable adjustments to common parts of leasehold and commonhold premises and common parts in Scotland
- Gender pay gap information
- Provisions relating to auxiliary aids in schools
- Diversity reporting by political parties
- Positive action in recruitment and promotion
- Provisions about taxi accessibility
- Prohibition on age discrimination in services and public functions
- Family property
- Civil partnerships on religious premises
Ministers are considering how to implement these remaining provisions in the best way for business and for others with rights and responsibilities under the Act. Their decisions will be announced in due course.
The Globis Equality Act webinar is available for free during October. For more information, please click here.
Date: 14th July 2010: Harvey Nash’s Leadership Services division extends its consultancy offering to help clients deal with potentially tough times ahead
Recent research suggests that workplace conflict currently costs the UK £24bn per year and many line managers spending upwards of one day per week on conflict resolution. With potentially difficult economic times ahead, the demand for conflict management is likely to grow and UK businesses are increasingly looking for creative, pragmatic and cost effective options for building relationships at work.
Harvey Nash Leadership Services – the division of the global recruitment group that helps leading companies develop high performance leadership teams – has entered a new strategic partnership with Globis aimed at helping companies resolve major conflicts.
Globis has helped organisations save tens of millions of pounds by using the principles of mediation. Service areas include:
- Setting up an in-house mediation scheme
- Appointing a mediator
- Mediation training
- Outsourcing a mediation service
Dr. Noorzaman Rashid, Head of Leadership Services and Government and Public Sector Team at Harvey Nash said ” We are delighted to be able to support our clients with such a strategically important area of their business. Globis are the UK’s leading provider in this field so it is a fantastic development for Harvey Nash Leadership Services and our clients. We look forward to a prosperous relationship.”
Clive Lewis, Director at Globis said “I am delighted to be working with Harvey Nash on this exciting strategic development. Mediation is proving to be a valuable tool for organisations that recognise the importance of positive relationships in the workplace. I look forward to building a strong partnership with Harvey Nash and helping our clients realise the benefits that come from working with mediation and other conflict management solutions”.
About Harvey Nash:
Harvey Nash is a global professional services organisation focused on talent management and committed to delivering the best talent and related services through 35 offices worldwide. The company has three dedicated service lines; Executive Search and Leadership Services; Professional Recruitment and Outsourcing. A trusted advisor to some of the world’s leading businesses, turnover in 2009 was £400million. Harvey Nash professionals pursue the highest levels of integrity and quality in providing a unique portfolio of services.
Globis is a specialist provider of workplace mediation services and works with many of the largest public and private organisations in Europe. Globis director, Clive Lewis, is the author of ‘The Definitive Guide to Workplace Mediation’ and Board member of the Civil Mediation Council. Globis recently trained 16 mediators at East Sussex County Council leading to the implementation of an in-house mediation scheme which has delivered cost savings of almost £1m in just over one year and recently won a recent tender to set up an in-house mediation scheme at Queen Mary, University of London.
For further information please contact Euan Frizzell at Harvey Nash on +44 (0)20 7333 1813 or email firstname.lastname@example.org or Helen Robinson at Globis on + 44 (0) 330 100 0809 or Helen.email@example.com
Date: 6th July 2010: Every 5 years, the Survey of Employment Tribunal Applications (SETA) is published. A few weeks ago, the latest survey was published and it covers the period up to the end of December 2008. The report runs to more than 250 pages. Here are some of the highlights from 2 of the categories – “characteristics of the parties” and “mediation”.
Characteristics of the parties
- 60% of claimants were men
- 82% of discrimination cases were brought by women
- 86% of defendants were white although only 15% were white in race discrimination cases
- ET applicants were more likely to be aged over 45
- The median pay for claimants in full time permanent positions was £20,000
- 25% of claimants were a member of a trade union
- 27% of cases were from organisations with fewer than 25 employees, 9% had 25-49 employees, 19% 50-249 employees and 45% with 250 or more employees
- The private sector accounted for 72% of ET cases, the public sector 19% and the non-profit sector 8%
- 23% of claimants reported that before they put in the ET application someone suggested that they should use mediation, compared with 15% of employers
- 9% of claimants had undertaken mediation
- The most commonly cited reason for not taking part in mediation was that the other party did not want to
- The initial discussion about the possibility of the use of mediation was most common in large employers and those in the private sector
- 27% of employers used an in-house mediator
- Amongst claimants trade union/staff association members were less likely to say that they would use mediation in the future, as were those aged 55 or over
Finally, 36% of claimants said that the case had caused them stress and depression.
The full report can be viewed here.
Date: 19th July
Time: 8.30 for a 9.00 start
Duration: 1 hour
Speakers: Teresa Heys and Natalie Beswetherick OBE (Chartered Institute of Physiotherapy)
Modern business demands high quality performance, short response times, long working hours and heavy workloads.
- Stress affects one in five of the working population
- It is now the single biggest cause of sickness absence in the UK
- It costs UK industry £3.7 billion each year
- Four out of five European managers are concerned about stress in the workplace
It makes sense to take the best care of your employees and their psychological needs – not just to comply with legislation, but also to inspire greater engagement, efficiency and productivity. Globis are delivering this free briefing session to give you the facts on managing stress within your organisation.
The Globis briefing session will cover:
- Why organisations should manage stress and wellbeing from humanitarian, economic, legal and publicity perspectives
- Recent cases of work related stress
- The legal position, including the Hatton propositions and brief case law
- Health and Safety Executive’s Management Standards risk assessment approach
- Why ‘buy-in’ from all involved in the organisation is important
- The relevance of policies which cover all aspects of managing stress and wellbeing
- The importance of training for all managers and employees
- The correlation between stress and musculoskeletal problems
- How Globis can help with policies, training, stress and wellbeing risk assessments and one-to-one stress management for specific events
A light breakfast buffet will be served.
To ensure your place at this session please call on 0330 100 0809 or email Helen.firstname.lastname@example.org
26th May 2010: In the summer of 2010, Clive Lewis will be conducting a new series of Mediation Master Class sessions. You should register for these sessions if you want to learn more about the world of mediation, improve your mediation skills, want to become a mediator or want to set up or enhance your own mediation practice. The sessions focus mainly on workplace and employment mediation but will also touch on other important areas of mediation.
The Master Class series will be split into 4 different sessions. These are:
1. Mediation in the broader context
2. Overview of conflict and working with difficult parties
3. Complexity and overcoming blockages in mediation
4. How to set up or enhance your own mediation practice
For more information and to register please click here:
The Mediation Master Class dates are July 6, 20 and September 17 and 28.
7th April 2010: Yesterday evening, the Equality Act 2010 passed its final stages in the House of Commons and has been passed for Royal Assent. It is expected to come into force in October 2010.
Please click here for a useful article that summarises the proposed changes to the existing law brought in by the Act.
24th March 2010: Globis is growing and is looking to recruit an Operations Director and Mediation Advisor to the team. For more information and to download a copy of the role profiles please click here
23 March 2010:
Globis has been selected to provide training for staff selected to become in-house mediators and will support the College’s implementation plans. One of the UK’s leading universities, Queen Mary, University of London recognises the role mediation can play in helping to build better relationships in the workplace. The extension of the mediation scheme has been developed as a partnership between HR, unions and staff.
Sara Corcoran, Head of HR Strategy and Change said “We look forward to working closely with Globis as we expand our capacity for internal mediation and strive to foster a culture of alternative dispute resolution”.
Clive Lewis, Globis director said “It is an honour and privilege to be selected to support such a prestigious organisation. We are looking forward to helping Queen Mary University of London achieve some of the many benefits that come from working with mediation. We have a track record of helping some of the largest organisations in the UK in this area and are excited about partnering with Queen Mary, University of London in a similar way”.
Mediation is being embraced by an increasing number of leading organisations across the UK. The repeal of the statutory dispute procedures on 6th April 2009 is helping this. The business case for mediation is compelling. Research indicates the cost of conflict at work in the UK as £24bn. Organisations working with mediation have been able to demonstrate significant savings in relation to money and management time.
For more details visit www.qmul.ac.uk and www.globis.co.uk
Note to Editors:
About Queen Mary University
- Queen Mary, University of London is one of London and the UK’s leading research-focused higher education institutions with some 15,000 undergraduate and postgraduate students.
- Amongst the largest of the colleges of the University of London, Queen Mary’s 3,000 staff deliver world class degree programmes and research across 21 academic departments and institutes, within three sectors: Science and Engineering, Humanities, Social Sciences and Laws: and the school of Medicine and Dentistry.
- Queen Mary is ranked 11th in the UK according to the Guardian analysis of the 2008 Research Assessment Exercise, and has been described as ‘the biggest star among the research-intensive institutions’ by the Times Higher Education.
- The college has a strong international reputation, with around 20 per cent of students coming from over 100 countries.
- Queen Mary has an annual turnover of £220 million, research income worth £61 million, and generates employment and output worth £600 million to the UK economy each year.
- Queen Mary, as a member of the 1994 Group of research-focused universities, has made a strategic commitment to the highest quality of research, but also to the best possible educational, cultural and social experience for its students. The college is unique amongst London’s universities in being able to offer a completely integrated residential campus, with a 2,000-bed award-winning Student Village on its Mile End campus.
- Globis is one of the UK’s leading national providers of workplace mediation services.
- Globis director, Clive Lewis, is the author of ‘The Definitive Guide to Workplace Mediation’.
- Globis is a Board member of the Civil Mediation Council.
- Globis recently trained 16 mediators at East Sussex County Council leading to the implementation of an in-house mediation scheme which has delivered cost savings of just under £1m in just over one year. East Sussex County Council was on the short list for the CIPD 2009 awards for the introduction of the scheme.
A new ACAS code of practice introducing the concept mediation for the first time was introduced in April 2009
For more information or to request an interview call Helen Robinson on 0303 100 0809 or email Helen.email@example.com
8th March: The next Globis webinar is scheduled for 10.00am on 25th March 2010. The webinar will look at the role that mediation can play in UK places of work and will include presentations from the CIPD and EEF. To register, please click here:
2 February 2010: News Release
On 26/27 January 2010 Globis ran its first Workplace Mediation Conversion Course for civil and commercial mediators. The groundbreaking course has received excellent reviews. There is an ongoing debate in the mediation industry about whether there are any differences in mediating civil/commercial and workplace disputes. Delegates attending the course seemed to think so.
Antony Sendall of Littleton Chambers said “I found the Globis Workplace Mediation Conversion Course both very valuable and highly stimulating. I especially enjoyed the way in which the learning was achieved primarily through dialogue and discussion. The group size was perfectly balanced as it was large enough to result in a diverse range of backgrounds and experience, yet small enough to give everyone sufficient time to say their piece, to exchange thoughts and experiences and to play an active part in the role play scenarios. Despite being an employment lawyer already, I learned a lot and now feel much better equipped to conduct effective workplace mediations”.
Immediately after announcing the course, Globis was contacted with enquiries from civil/commercial mediators who have an interest in adding workplace mediation to their portfolio. The 2 day course, held at the International Dispute Resolution Centre, Fleet Street, London, deals with both the theory and practical aspects of workplace related disputes, looking at key themes such as:
- The 7 step commissioning process
- Understanding key phrases and terms used in workplace disputes
- How to draft a workplace related settlement agreement
- How to follow up after mediation workplace disputes, and
- Providing delegates with an opportunity to practice workplace mediation skills by using real-life case studies
- How to calculate the cost of conflict for an organisation
Jack Fallow, Globis Director said “I am delighted that the first course has been such a great success. We thought long and hard about the design for the programme and it seems that we struck the right balance”.
Due to the continuing demand for the course, new dates have now been added for March. For more details click here:
Note to Editors:
- Globis director, Clive Lewis is the author of ‘The Definitive Guide to Workplace Mediation’
- Globis is a Board member of the Civil Mediation Council
- A new ACAS Code of practice introducing the concept mediation for the first time was introduced in April 2009
- Globis recently trained 16 mediators at East Sussex County Council leading to the implementation of an in-house mediation scheme which has delivered cost savings of just under £1million in just over one year. East Sussex County Council was on the short list for the CIPD 2009 awards for the introduction of the scheme.