News

 Guide To Hiring Women: 1943 v 2009

After having 'time out' to fix her hair and apply her lippy your writer stumbled across an interesting article which was written in July 1943 for male supervisors of women in the workforce during World War II. The article sets out eleven tips on improving efficiency for female employees and how to deal with tricky female issues. Enjoy our selection, and relish how things have moved on!

1. Pick young married women who are more responsible and less likely to be flirtatious.

2. Retain a physician to give each woman a special examination which protects the property against lawsuit and reveals whether she has any female weaknesses which make her mentally or physically unfit for the job.

3. Give adequate rest breaks – a women has more confidence when her hair is tidied and fresh lipstick can be applied several times a day.

4. When you have to use older women, use those who have worked outside the home before as those who haven't are inclined to be cantankerous and fussy – impress on them the importance of friendliness and courtesy.

5. Give a female definite instructions so she will keep busy without asking for instructions every few minutes – women make excellent workers when tasks are clearly set out for them but they lack initiative themselves."

Comment:
The tips highlight how far things have moved on from the blatant age and sex discrimination which women had to live with as the "norm" back in the 1940's. One wonders how today's successful businesswomen have possibly managed to make millions without such clear instructions...

Talks on Working Time Opt-out Break Down

Discussions concerning the Working Time Directive and the proposed removal of the working time opt-out have broken down without agreement being reached.

In November, Members of the European Parliament voted to remove the opt-out clause from the Working Time Directive. However, the recent breakdown in discussions means that the opt-out will remain for the foreseeable future. Employment relations minister Pat McFadden welcomed the retention of the opt-out stating that "in the UK and many other Member States, choice over working hours has operated successfully for many years. The current economic climate makes it more important than ever that people continue to have the right to put more money in their pockets by working longer hours if they choose to do so." According to government figures more than 1 in 10 UK employees work over 48 hours per week.

Eastern European Workers - Registration Scheme Extended

The Worker Registration Scheme was introduced in 2004 when a number of Eastern European countries joined the EU.  The purpose of the scheme is to monitor where citizens of those countries are coming into the UK labour market, the type of work they are doing and the impact this has on the economy.

Employees from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia have to register under the scheme if they wish to work for an employer in the UK for more than one month.  Employees are responsible for making the application. Employers should:-

• give the worker a letter on company paper confirming the worker's start date;
• ensure that the worker has applied for a registration certificate during the first month of his/her employment;
• keep a copy of the worker's completed application form to prove that he/she applied within one month of starting work; and
• keep a copy of the registration certificate once it is issued. 

It is a criminal offence for an employer to continue to employ a worker who does not have a registration certificate and the employer could face a fine of up to £5,000. The worker must continue to be registered until he/she has completed 12 months' registered work.

It was expected that this scheme would end on 30 April 2009 but the government has announced that it will continue for another two years. 

Recent Cases

Generous Termination Payment Went Too Far
Gibb v Maidstone & Tunbridge Wells NHS Trust

Mrs Gibb ("G") was employed as Chief Executive of the Trust on an annual salary of £150,000.  Her contract provided for 6 months' notice of termination.  Following around 90 deaths attributed to the super bug C.difficile in hospitals managed by the Trust, the Healthcare Commission issued a report which was highly critical of the Trust and its leadership.  Before the final report was issued, the Trust decided to encourage G to step down.  Following discussions, G agreed to a compromise agreement and accepted a package of £75,000 notice pay and £175,000 as a compensation payment.  G's successor withheld the severance pay on the basis that it was outwith the Trust's powers to make such a payment. G was eventually paid the notice pay.

G raised proceedings to recover the £175,000 compensation, arguing that she was entitled to the sum in terms of the compromise agreement.  The Trust argued that the payment was irrationally generous as the payment exceeded the maximum award which a tribunal could make for an unfair dismissal claim by over £100,000.  The court held that the compromise agreement was irrationally generous and therefore outwith the Trust's powers.  As a result, the court ruled that G was not entitled to the payment.

Comment:
G is planning to appeal against the decision as she claims that she was made a scapegoat and that she received assurances that the payment was properly authorised.  Although this relates to the public sector where such powers are limited, this case may ultimately be referred to in cases in the future where directors have been paid severance far in excess of their contractual entitlement and the board of directors could have acted outwith its powers (although this will be a much harder argument to make stick in the private sector).