It Makes Us Sick

Return to work interviews after a period of sickness absence are fairly common in the education sector. ACAS say that the interview is an opportunity to welcome employees back to work, update them on any news, and discuss how to ease them back to work.

In their guide, Managing Attendance and Employee Turnover, they say the interview is an opportunity to tease out any concerns the employee may have, at work or home, and plan for the future. ACAS also stress that the interview should focus on positive outcomes and that the person conducting the interview should be sensitive and recognise the employee’s value to the organisation.

Does this sound like the sort of return to work interview you are familiar with? Certainly not in the case of one of our members. Attending what he thought was a routine return work interview, he was hijacked with a list of allegations about his competency. None of these issues were raised before his illness; and in nine years at the college, his performance had never been questioned. Not surprisingly, our member ended up being ill again.

It made our member sick, and such behaviour by a college certainly makes us sick.

Corporate Manslaughter Act Receives Assent

Organisations, companies and public bodies whose gross negligence leads to the death of individuals will now face prosecution for manslaughter under tough new legislation approved today. The Corporate Manslaughter Act, which received royal assent yesterday, follows ten years of campaigning by unions and other groups.

Under the new law companies, organisations and, for the first time, Government bodies face an unlimited fine if they are found to have caused death due to their gross corporate health and safety failures.

The new law will focus the minds of those in companies and other organisations by ensuring that they take health and safety obligations seriously. However, it falls short of making individual Directors liable, although they could still face prosecution under the common law of manslaughter.

Justice Minister Maria Eagle said, “The Corporate Manslaughter Bill is a ground-breaking piece of legislation. This is about ensuring justice for victims of corporate failures. For too long it has been virtually impossible to prosecute large companies for management failures leading to deaths.”

TUC General Secretary Brendan Barber said, “The catalogue of avoidable workplace deaths in recent years has highlighted in stark terms the need for a change of attitude over safety in UK boardrooms. To make a real difference, we now need to ensure that this law is accompanied by a new legal health and safety duty on directors and a requirement on companies to report annually on their workplace safety culture.”

Only this week figures were published by the Health and Safety Executive showing a rise last year in recorded workplace deaths. In 2006/07 there were 241 deaths compared to 217 in 2005/06. The Act will come into force on 6 April 2008 and the Ministry of Justice will issue further guidance for organisations affected by the Act in the Autumn.

Wales FE Pay Negotiations Latest

The trade union side met with the employers’ organisation, fforwm, on Wednesday 27^th July to submit the joint pay claim. Both sides agreed to work together to encourage the Welsh Assembly Government (WAG) to fund a pay award at least equal to that being received by school teachers through the teachers pay review body. Expectations are that WAG funding will enable an increase of 2.5% to be made. Further developments will be reported on this blog and on the ACM web site.

Peter Pendle, ACM General Secretary said, “Obviously there is a long way to go with the negotiations, both with fforwm and WAG. Nevertheless, I’m encouraged that the prospects of a reasonable settlement are good.”

Embracing Diversity

In response to figures showing an increase last year in tribunal claims on race and sex discrimination, the Chartered Management Institute has published a short guidance leaflet for managers called Embracing Diversity. The guidance highlights the positive impact of a diverse workforce on performance and productivity, and offers organisations advice on how to develop an effective workplace policy.

The importance of tackling discrimination and promoting diversity was highlighted only recently when a Tribunal described a company as being “riddled with racists and racism from director level to the production floor.” The company in question, Benham General Engineering, was fined £34,000 for race discrimination also fined a further £5,000 after claiming it did not realise the claimant was mixed race and accused her of trying to make herself look “more black” for the Tribunal.

Colleges, as public organisations, have a duty to promote equality under laws on sex, race and disability discrimination; and their progress in this area is reviewed as part of the inspection process. The National Joint Forum in England is currently negotiating joint guidance on promoting equality and these will be recommended to FE colleges once they are agreed.

Dyslexia, Exams and Discrimination

Last year we successfully helped a member with dyslexia keep her job, securing reasonable adjustments for her under the Disability Discrimination Act. Now a recent legal case has confirmed that dyslexia can be a recognised disability.

Mr Paterson was a police officer who had achieved the rank of chief inspector in 1999, but it was not until 2004 that he was diagnosed with Dyslexia. He claimed discrimination under the Act, arguing that the police failed to make reasonable adjustments in the examination processes for deciding if he should be promoted to superintendent.

The original tribunal accepted he was disadvantaged during the exams, but said he was not disabled within the meaning of the Act because  the effects on what the Tribunal took to be his normal day-to-day activities were were in fact only minor; and that seeking promotion was not a normal day-to-day activity. Furthermore, although Mr Paterson was disadvantaged when compared to his non-dyslexic colleagues, he was not disadvantaged with reference to the “ordinary average norm of the population as a whole.”

The Employment Appeals Tribunal disagreed. In overturning the Tribunal’s decision, they said that by finding  Mr. Paterson to be disadvantaged in the promotion process, the tribunal should have found him to be disabled. Once it was accepted that the disability affected Mr Paterson’s ability to progress in his profession, the only reasonable inference was that it had a substantial effect on his day to day activities. Any other conclusion would mean that because of the effects of his dyslexia, he would in practice face a glass ceiling; and he would not be able to compete adequately in the promotion stakes beyond a certain level.

In reaching their decision, the EAT said, “The purpose of the legislation, at least in part, is to assist those who are disabled to overcome the disadvantages which stem from a physical or mental impairment. The approach adopted by the Tribunal does not achieve that. Take the case of someone who has all the skills to be a highly successful accountant, but lacks manual dexterity. This may require that he or she should be given longer to do the relevant examinations. It would surely be no answer and would be wholly inconsistent with the purposes of the legislation, simply to say that that individual was not disadvantaged when compared with the population at large and therefore no obligation to make the adjustment arose.”

This case, Paterson v Commissioner of Police of The Metropolis, is likely to have implications for other sufferers of dyslexia. It will also be of significance to others with a disability who might be taking exams, seeking promotion or applying for a job, and who, in the absence of reasonable adjustments, might be put at at a disadvantage compared to other candidates.

Mixed Views on FE Reputation

New research into the status and reputation of our further education (FE) system has produced some mixed results. Commissioned by the Learning and Skills Council (LSC), the Ipsos MORI research found that two-thirds of respondents believe FE has a major impact on the national economy and productivity, and three in five believe the FE system to be well respected. Half of the stakeholders interviewed said that choice of provision has improved with only less than a fifth saying it has got worse.

However, while users of FE are generally satisfied, they feel the system is invisible to the wider population. Stakeholders say the low profile is due to the absence of any “champion” for FE, the complexity of the system, and a general view that FE comes second behind higher education.

The research also found that training providers, and employers who do not use FE, are its fiercest critics, while FE and sixth form colleges, not surprisingly, are its loudest advocates. Other stakeholder groups such as schools and employers who have used FE, fall somewhere between the two viewpoints.

The priority most commonly cited by those interviewed was employer engagement and ensuring the system is demand led.

Commenting on the research, Mark Haysom, LSC Chief Executive said: “All of us in the sector must work together to develop the reputation and understanding of FE amongst our key stakeholders. This research helps us identify areas of concern, allows us to agree, with our partners, the direction of travel, and gives us the evidence we need to establish plans for the future.”

To download a pdf version of the research report, follow the link to The Status and Reputation of the Further Education System.

Safeguarding Vulnerable Adults

A new resource for safeguarding vulnerable adults has been published by NIACE. Called Safer Practice, Safer Learning, it sets out the safeguarding responsibilities of further education colleges, adult and community learning providers and providers of workbased training in the learning and skills sector in England.

The document offers guidelines to education and training providers on producing supporting policies and procedures, as well as suggestions for raising awareness of abuse, with strategies to deal with it among staff and learners. Most importantly, this guide recommends creating a ‘safer’ learning environment that promotes well-being and security, essential for all learners and all staff.

To download a pdf version, please follow the link to Safer Practice, Safer Learning.

Racists Plunge To New Depths

We know some of our members prefer us not to get party political, but when it comes to the BNP, comment is necessary. This vile racist party has plunged to new depths. It has called for a boycott of Muslim owned taxi and minicab companies in Stoke on Trent, supposedly in response to an alleged racist attack on a white man. The BNP say this is to put pressure on the police to find the man’s attackers.

But this boycott call has nothing to do with justice and everything to do with religious bigotry and racism. Blaming an entire community for the actions of a few is an absolute disgrace. If this is how they conduct themselves now, imagine how they’d behave if they ever formed a government. We dread to think what kind of curriculum they’d have us teach.

Government Plans on Leitch Criticised

Responding to the Government’s plans for implementing the Leitch Review of Skills, Mary Chapman, chief executive of the Chartered Management Institute, states that the report does not go far enough to address the UK’s long-term needs for higher-level skills.

She says: “The Government’s response clearly indicates that leadership and management skills have a vital role to play in increasing productivity and prosperity across the economy, so it is disappointing that management skills barely feature in the detail of the report’s recommendations.

“The report states that the majority of Government funding for adult education will be focused on the lowest skill level and least qualified individuals.  Yet, at the same time it is important not to neglect the management population, a significant proportion of which is under-qualified.”

According to Leitch’s interim report, 41 per cent of managers are not qualified up to Level 2.  Furthermore, Labour Force Survey data indicates that just 38.5 per cent of managers are qualified to NVQ level 4 or above compared to 80.9 per cent of those in other professional occupations.

Chapman comments: “Such a low level of management skills is untenable, given the expected growth in professional and managerial occupations and the UK’s ambition to grow its high skills, high added-value economy.

“It is also a concern that the Government intends to pilot the development of new qualifications on offer from employers and private training providers.  Employers already find the number and range of qualifications confusing and individuals need a simple framework with qualifications that are easily transferable.  We should, therefore, be focusing on achieving more qualified employees, rather than a greater number of different qualifications.”

Mary Chapman concludes: “It is, after all, the skills and abilities of those individuals who are leading organisations that determine how people are employed and whether resources are invested effectively.  Despite a move in the right direction, unless Government prioritises management skills for current and future leaders, there is a real danger that we will not be able to make the right management decisions to advance the UK’s international competitiveness.”

Bad Practices Help Nobody

An article in the most recent issue of the ACM newsletter College Manager has caused a bit of a stir. The article describes some of the bad employment practices that exist in FE colleges, particularly when a manager falls out of favour and the college force them to leave. Whilst we always welcome feedback, sadly the e-mails and phone messages about this particular item only confirm the worst: that the poor practice is more widespread than we might think.

Clearly this is bad news not just for those affected, but for the sector itself. Further education is often seen as the poor relation along side schools and universities. But if it’s to shake off this label, it not only needs to tackle the lower wages compared to schools and universities, but it must improve the way it conducts its own employment relations.

Achieving such change will take time and commitment, not least because of the external funding pressures, the various skills initiatives that exist, and the egos of some of those involved. Yet the current poor practice helps nobody. So changes are needed. The question is though …. is anyone listening?

See also on this blog: The Wrath of Boss, and Give Us Stability.

Tribunal Ruling On Gay Youth Worker

Commenting on the decision of an employment tribunal to find the Bishop of Hereford guilty of discrimination on grounds of sexual orientation for his refusal to appoint a gay youth worker, TUC General Secretary Brendan Barber said:

“Lesbian, gay and bisexual people work for religious organisations all over the country. No one should suffer discrimination because of their sexual orientation, and this case has confirmed that this includes religious organisations.

‘Had the tribunal upheld the Bishop’s attempt to distinguish between sexual orientation and sexual practice, it would have driven a coach and horses through the UK’s anti-discrimination laws. It would have made it possible for organisations hostile to lesbian, gay and bisexual people to argue that they were not breaking the law if they sacked, or refused to employ, anyone whose life did not meet their own narrow and discriminatory views of how their employees should live.

‘This employment tribunal decision confirms that religious organisations cannot discriminate on grounds of sexual orientation.”

TUC Welcomes Action On Skills

Welcoming the publication today (Wednesday) of details revealing how the Government intends to respond to the last year’s Leitch report and improve the skill levels of UK workers, TUC General Secretary Brendan Barber said:

“Ministers should be congratulated for drawing up a skills plan that does more than justice to Lord Leitch’s original recommendations and which will do much to tackle the problems that low skills create for both employers and individuals.

‘The UK’s previous focus on skills only ever seemed concerned with what a lack of education and training meant for employers and their productivity. Today’s announcement is a real departure in that it recognises that individuals who improve their skills through workplace learning can look forward to rewarding careers and an enhanced earning potential.

‘The decision to legislate to strengthen the existing right for adults to achieve the equivalent of a school leaving certificate prepares the ground for the introduction of a legal right to training in three years time, should enough employers fail to give their staff access to learning at work.

‘The TUC’s learning arm, unionlearn, will now begin work on a strategy to help unions and union learning reps make the most of these new skills initiatives so that they can reach out to the employees who have yet to experience the benefits of workplace learning.”

To view the government’s proposals on implementing the Leitch Report please download the document World Class Skills.