The Code is being issued in four sections, namely: general record management, recruitment and selection, monitoring in the workplace and genetic and drug testing of workers. Not all the Code will be binding, but it will outline what the Information Commissioner believes is best practice for employers wishing to comply with the Data Protection Act and/or avoid criminal liability. The part of the DPA concerning manual records including e-mail monitoring and the interception of phone calls came into force last year.
The snappily titled ‘Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations’ commence on 10 July 2002. Amongst the key terms of the Regulations, employers will be prohibited (unless objectively justified) from treating fixed term employees less favourably than comparable permanent employees in respect of their contractual terms, including pay and pensions, etc.
Unless it can be objectively justified or a collective or workplace agreement is in place, fixed term employees should not be employed on a series of contracts beyond more than four years (calculated by taking into account the duration of the first and any subsequent contracts). (Service before 10 July 2002 will not count.) After this the employment, on renewal, becomes permanent.
Workers will be able to present complaints to a Tribunal if they consider that they have suffered less favourable treatment and no cap on compensation will apply. Agency workers are excluded from the application of the Regulations.
Employers are advised therefore to undertake an audit of, for example, salary, benefits and pension access arrangements.
PLASA members can contact Clive Payne of CP Associates for further advice - call
