Gender Equality Duty Takes Effect

The Gender Equality Duty comes into force in April 2007. All public authorities in England, Wales and Scotland, including colleges, must demonstrate that they are promoting equality for women and men and that they are eliminating sexual discrimination and harassment. This includes publishing a gender equality scheme by the end of April. To help organisations, the Equal Opportunities Commission has set up an online guide.

Guidance has also been incorporated into the forthcoming NJF Agreement in England on Gender Equality.

Union Entitled to Expel BNP Member

A recent case at the European Court of Human Rights has ruled that a trade union has a right under Article 11 of the European Convention to expel a member whose fundamental aims and values conflicted with its own. It said that trade unions have a right to choose who should be its members.

The case was brought by train drivers union ASLEF against the UK government. In 2002 the union expelled a known BNP member whose activities included handing out anti-Islamic leaflets, writing for the BNP’s magazine, and standing as a BNP candidate in the local elections. However, the BNP member took the case to a tribunal where, after referral back to a second tribunal, it was found that he had been expelled because of his BNP membership rather than his conduct. Because under UK law this was not lawful grounds for expulsion, the union had to re-admit him.

ASLEF, in taking their case to the European court, argued that its freedom of association had been violated. The court went on to note that just as an individual is free to choose whether or not to join a trade union, so the union should beequally free to choose its members. (Ref: ASLEF v United Kingdom EctHR 110022/05)

School Union Tries To Poach ACM Members

Senior managers in FE colleges are being targetted by a school teachers union. This direct attempt at poaching ACM members comes from the Association of School and College Leaders (ASCL), formerly known as the Secondary Heads Association. ASCL are sending glossy brochures to colleges in the hope of attracting not just principals, but faculty heads, assistant principals and directors.

As part of our response, ACM is pointing out that ASCL is primarily interested in schools, costs more money to join, and has no experience in representing FE managers. Also, it isn’t recognised anywhere in the FE sector and is not affiliated to the TUC.

In contrast, ACM was established by managers in further education almost 21 years ago. Branches are being urged to highlight the benefits of ACM membership, point out our FE credentials, and make recruitment a priority wherever possible. .

Preventing Slips and Trips in Education

FESH, the further education safety and health forum is backing a Health and Safety Executive (HSE) campaign to reduce slips and trips in education. Over half of all accidents in the sector are caused by slips and trips, injuring both staff and students.

The HSE has produced a range of resources for use in colleges, schools and universities, and is holding a series of workshops around the country during the year. The workshops are aimed at estates managers, safety managers and trade union representatives. For more details on the campaign and workshops please visit the campaign page at the HSE website.

Drop in Adult Learners Due to Funding Policies

The number of over-25s pursuing adult and further education courses has dropped by nearly 1 million in the last two years as a result of fee increases and government policies to concentrate public funds on a few priorities, according to NIACE, a leading adult education organisation.

New figures released this week show that the numbers of adult students in further education and adult and community learning in every age band over 25 have continued to plummet this academic year. The full story, reported by Peter Kingston, can be read at EducationGuardian.co.uk

Disabled Student Awarded Compensation

A disabled student, denied the right to access the stage to receive a symbolic handshake in his graduation ceremony, has been awarded £4,000 for injury to feelings against Canterbury Christ Church University.

In one of the first higher education cases under the education provisions of the Disability Discrimination Act (DDA) to be decided in court, the landmark ruling was supported by the Disability Rights Commission (DRC).

Craig Potter, 28, from Kent, and a wheelchair user, graduated in 2004 at a ceremony at Canterbury Cathedral. While other students were able to receive a handshake on the dais from the Chairman of Governors, Craig had to be content with a mere greeting at the bottom of the steps instead because no ramp was provided to allow access to the stage.

Managing Conflict at Work

The employment relations service ACAS has published a new booklet Managing Conflict at Work. The booklet is designed to help employers and employees better understand and manage conflict at work. It is a practical guide that covers the signs, causes, management and prevention of conflict as well as sources of help such as mediation or arbitration.

According to a recent report from CIPD, the average cost associated with employment tribunal claims comes to almost £20,000 per employing organisation each year. Employers spend an average of 15 days management time dealing with a claim. Many of these claims can start with situations such as employee problems not taken seriously, badly handled discipline interviews or misunderstandings between people – issues which if not dealt with, can become tribunal claims.

Our own experience is yet more evidence of a big problem. Our officers report a big increase in grievances and disciplinary prolems, often due to a lack of management training, failure to follow procedures and deliberately bad practice.

The ACAS booklet can be downloaded from the the ACAS website.

HOPE Not Hate Tour

To reflect Britain’s diversity, Searchlight, the anti-fascist magazine, is organising a HOPE not Hate tour of the country. Sponsored by the Daily Mirror, an old Routemaster bus set off from London on 24 March and will finish its journey in Glasgow on Friday 6 April. It will travel the width and breadth of Britain and will be a celebration of the rich tapestry that makes up our country. It aims to stop in over 30 places where local activities will be organised and local traditions celebrated.

Britain is, warts and all, a great multicultural society and this needs defending and promoting - now more than ever. Linking up with a steel band in the West Midlands and a brass band in Wakefield, a mothers and tots group in Keighley, to footballers in Newcastle, the HOPE not Hate tour will honour the different regional, racial and religious elements that make up Britain.

You will be able to follow the tour - by a blog and video extracts - through the website HOPEnothate between 24 March and 7 April.

Line Manager Behaviour and Stress

Joint CIPD/Health and Safety Executive research shows that a manager’s behaviour can have a major impact on employees’ stress levels affecting the well-being of employees and organisational performance. As a result, the two organisations have produced joint guidance aimed at line managers on the specific behaviours needed to prevent and reduce stress at work.

ACM has a PDF version of the document which we can e-mail to any member wanting a copy. Please send a request to helpline@acm.uk.com

The End for Statutory Dispute Procedures?

The future of statutory dismissal, disciplinary and grievance procedures is in some doubt following a recent review of their operation. These minimum legal procedures were introduced on 1 October 2004 by the Dispute Resolution Regulations. They set out the steps an employer must take to deal with individual grievances, disciplinary action other than warnings, and dismissals. The aim was to try and reduce the number of complaints that end up at an employment tribunal. However, in operation many unions and employers say they have proven more of a hindrance than a help.

One area that has proved confusing is the definition of a grievance. ACM’s Head of Employment Relations, David Green, explains, “The courts have taken a very wide view of what amounts to a grievance. Any written form of complaint has been deemed to trigger the procedure, even if it doesn’t mention the word grievance or set out any details. So a two line e-mail saying you aren’t particularly happy with something can amount to a grievance under the statutory procedures.”

The effect of this has been a big rise in the number of grievances being dealt with by ACM. “Colleges are having to treat even the most minor moans as a grievance if they happen to be in writing. The result is more and more ACM officer time being spent on such problems,” said David.

Sadly, the rise in grievance and disciplinary problems has highlighted a serious shortfall in the way some colleges deal with these issues. “We are witnessing some quite appalling practices. Among the worst problems are failing to investigate problems properly, fishing for disciplinary problems to pin on particular individuals, and colleges making up procedures as they go along. Frankly I’m disgusted by the way some colleges behave,” said David. ACM officers are compiling a list of culprits and bad practices and intend to raise the matter nationally with the Association of Colleges in England and with Fforwm in Wales.

The official consultation on the future of the Dispute Resolution Regulations ends on 20 June.