HUMAN RESOURCE MANAGEMENT

Employment law The appointment and employment of staff are subject to regulations introduced by numerous Act of Parliament oyer the last 20 years or so. The legislation is aimed to protect both the individual employee and the employer, and also aims to reduce discruption caused by industrial disputes. The regulations are wide-ranging, and must be appreciated by all pharmacists, who are potential employers as well as employees. As legislation is subject to change, it is wise always to check the current position. Some of the more important current legislation is summarized in the table 9.1, and an overview of terms of employment is included in an article by Hodgkiss in Tomorrow`s Pharmacist. A summary of law for retailers is included in the annual Chemist and Druggist Directory. Copies of unreferenced legislation can be accessed through the Stationery Office, which has the responsibility for printing Acts of Parliament. Discrimination in employment It is illegal to discriminate against employees or potential employees because of their race, sex or colour. The 1986 Sex Discimination Act extended and consolidated previous legislation, including small firms or partnerships with five personnel or fewer within the legislation for the first time. Discrimination because of material status is also illegal. The laws apply not only to filling of posts, but also to ancillary provisions such as retirement age and holiday entitlement. To be illegal, discrimination need not be openly applied, e.g. by advertising for a maleor female employee; it occurs if any action or statement has led to it happening, e.g. by imposing conditions which may be discriminatory, such as minimum height. All job advertisiments must indicate specifically equal opportunities, as must the conditions of employment. Equal pay for similar jobs was imposed by the Equal Pay Act of 1970. Discimination against a person because of race, nationality or colour is prohibitedby the Race Relations Act 1976. Its interpretation is similar to the Sex discrimination Act in that it is not necessary to be overtly discriminatory to be in breach of the Act. Complaints of discrimination may be heard by an industrial tribunal (see bellow). In response to this legislation, many employers, including, health authorities (HAs), have set their own detailed policies. In contrast with many regulations introduced by other Acts, those relating to discrimination apply to all personnel, including those working part-time for only a few hours. Issues relating, to discrimination, and in particular those impinging on disability, are reviewed in an article by Elson.

Appointing and dismissing staff Contracts A Contract of employment exists as soon as an employee has taken up a post by starting work. At this stage the contract is usually based on verbal agreements, but under the Employment Protection (Consolidation) Act 1978 a written contract must be provided within 13 weeks of commencing work. This must cover he main conditions of employment and include notes on disciplinary and grievance procedures as well as pay, hours, holidays, sick pay and length of notice. Many of these conditions are regulated by legislation. The 1978 Act does not cover staff who work for less than 16 hours per week unless they have worked foe 8 hours or more for a period of 5 years. After 4 weeks` employment the employee is entitled to be given a minimum period of notice of termination of employment dependent on the length of service. The hospital service in common with many employers often sets periods of notices in excess of the statutory minimum.

Dismissal A number of Employment Protection Acts impose restrictions on the dismissal of staff. Primarily, all employees have the right not to unfairly dismissed, either overtly or covertly. Particular problems in the dismissal of part-time staff are included in an employment law update in the Pharmaceutical Journal in August 2000. Dismissal would be held to have occurred if : an employee`s contract was not renewed upon expiry; an employee resigned because of conduct by the employer (constructive dismissal); an employee did not allow a member of staff to return after an allowed absence, e.g. maternity leave.

If employees consider that they have been unfairly dismissed, they may, in certain cases, appeal to an industrial tribunal.

Industrial tribunals Industrial tribunals were set up to give an independent judgement on matters of interpretation of employment legislation. They have similar status to courts of law in that their decisions re legally binding. They are administered independently, and each tribunal is chaired by an experienced lawyer with the additional two members being nominated by the local trade unions and

employers` organisations. Tribunals are not bound by the same laws of evidence as courts of law, e.g. hearsay evidence is acceptable. Many hearings are very informal, with appellants arguing their own case against their previous employer, but in complex matters, of if large organizations are involved, the parties to the dispute may have legal representation. The tribunal may uphold the employer`s decision to dismiss, but if it considers thet the dismissal was unfair, it may make an order requesting the employee`s reinstatement or reengagement. Conversely , if it finds that a completely unwantanted claim has been brought, the tribunal may penalise the appellant. Because of the risk of being found liable for unfair dismissal , many employers have a detailed disciplinary policy. While protecting the employee from unfair dismissal, this allows the employer or manager to dismiss when necessary, following a set, publicized procedure. All employees should receive, and read, their employer`s disciplinary policy which, although varying in details, normally allows for a series of warnings to be given to the employee before dismissal can take place, e.g. for persistent absence. Such warnings must be confirmed in writing, and the employee must be given the opportunity to be accompanied by a friend or a representative (legal or trade union) at disciplinary interviews. If the offence is serious or criminal, e.g. theft, there are usually provisions for instant, or summary, dismissal. The problems in so doing, however, are considerable, and if a serious offence is suspected it is often wise to suspend the employee on full pay whilst investigations are completed. It should be noted that suspension in itself is not a disciplinary procedure, and may be used in other circumstances for the protection of the employee.

Health and welfare There is considerable legislation designed to improve the health and welfare of people at work. Some important aspects will be summarized below. Health and Safety at work, etc. Act 1974 This was introduced as a consolidation act to bring all the previous legislation, developed since the Industrial Revolution, under one Act of Parliament. This included all the earlier Factories Acts, Clean Air Acts, Shops, Offices and Railway Premises Acts, etc. It is an `enabling act`, allowing future governments to bring in regulations on health and safety without needing additional legislation. The Act set up a Health and Safety Executive to enforce the legislation through health and safety inspectors, and encompassed previously exempt employers such as HAs and general practitioners. Non-industrial workplaces, and certain areas of health premises such as the kitchens, are inspected by local authority environmental health inspectors. Inspectors have considerable powers, and can issue improvement orders should they consider that some part of a premises or a procedure is unsafe. In extremecases they can order the closure of all or part of a factory or workplace. They are also called in to investigate any serious accidents occurring at

work. Information booklets on the Act and its interpretation are published by the Stationery Office and are available through the Health and Safety executive website. There are two provisions of the Act which are particularly important to pharmacists. The first of these is the duty of each employer to ensure the health and safety at work of his/her employees and also anyone affected by his/her business. Not only the employees, but also any visitors or members of the public are protected from dangerous working conditions. These might range from a loose floor tile in a shop to emission of a noxious substance from the workplace. Lack of reasonable compliance is a criminal offence. Any accident or dangerous occurrence must be recorded (written notes should be made within 24 hours of the incident to be valid as evidence later), and in some instances reported to the Health and Safety Executive. It is prudent for all employers to set out a written statement of their health and safety policy, which should be read by all employees; in fact, for businesses employing more than five staff, it is a requirement of the Act. Additionally, procedures should be written for any hazardous machinery or process.

The second important provision of the Act is the imposition of a duty of care upon the individual. Thus, each person must take reasonable care that he/she does not endanger the health or safety of hin/herself or any other person. So if, for example, an accident happens because someone left an electric flex trailing across a floor, the person so doing would be liable under the Act. It is also an offence for a person not to follow the and safety policy at his/her workplace, e.g. by not wearing protective gloves or mask. Because this aspect of the Act is aimed at the individual, it covers all persons, including locums.