02 April 2004 - NATIONAL SURE START MONTH

A reminder that June is National Sure Start Month this year. The theme will be 'Starting Early', and the month is co-ordinated by the National Day Nurseries Association, in association with Daycare Trust, Kids' Clubs Network, the National Childminding Association and the Pre-School Learning Alliance.

Promotional materials should be available in three weeks' time. Keep checking www.nationalsurestartmonth.com for further details. If you have any queries about National Sure Start Month, please call NDNA on 0870 774 4308 or email: nssm@ndna.org.uk


02 April 2004 - Childcare strategy 'is on target'

The government is on course to meet its targets on pre-school childcare, creating almost 100,000 free places since 1998, an official report says. But the National Audit Office said there was "some way to go" with provision in disadvantaged areas.

Some 96,000 part-time places for three and four year olds have been created in England since the National Childcare Strategy was launched six years ago.

Children's Minister Margaret Hodge promised progress would continue. She added: "In 1997, there was no universal entitlement to free early education. By April this year, every three and four year old will be entitled to free, part-time early education."

She also said there was no centrally supported childcare in the UK when Labour came to power six years ago and it was "diverse and uncoordinated".

"We have had to build the infrastructure, bringing together the separate elements of a disparate system for the benefit of children, families and communities."

Since 1998, 626,000 new childcare places have been created in England, but 301,000 places have gone. Most new places have been in out-of-school and holiday provision, but 96,000 are for pre-school children.

The NAO found regional and local variations. For instance, the number of pre-school childcare places varied between 11 and 58 per 100 pre-school children.

The NAO's report recommends the Department for Education and Skills should ensure expansion is "sustainable", with efforts focused on the areas in which it is most needed. It also calls for more training and commercial advice for childminders.

The Auditor General, Sir John Bourn, said: "The government has made impressive progress in creating new childcare places and in providing early education for pre-school children since 1998.

"But not enough of these new places are yet in deprived areas where they would most benefit children and parents."


02 April 2004 - Community Interest Companies

The Government has published draft regulations and explanatory notes on Community Interest Companies (CICs) to help inform debate in Parliament on Part 2 of the Companies (Audit, Investigations and Community Enterprise) Bill, as introduced in the House of Lords on 3 December 2003.

The draft regulations and explanatory notes are available on the DTI website at www.dti.gov.uk/cics.


02 April 2004 - New anti-discrimination laws come into force

From 1 December, employers have been liable for tackling discrimination against employees, agency and other workers on grounds of sexual orientation (whether heterosexual, gay or lesbian or bisexual).

It will is also unlawful to discriminate on the grounds of religion, religious belief or similar philosophical belief.

These changes follow earlier developments which have widened the scope of sex and race discrimination law - by making it unlawful for employers to discriminate against individuals even after they have left their job, for example in providing references to future employers.

How to define religion

Whilst they may be able to readily identify mainstream religions, in practice employers will need to gain an understanding of a wide variety of religious beliefs and practices with which they may be unfamiliar, in order to ensure that they do not inadvertently discriminate against staff.

And while political beliefs are not included in the definition of discrimination, it is far from clear where the line is to be drawn.

Can atheism be regarded as a "similar philosophical belief"?

Will pacifists and animal rights activists be protected?

Consistent with the generally broad approach taken by employment tribunals in the interpretation of discrimination legislation, we should expect these new regulations to be given wide application by the courts.

Direct discrimination will arise where workers or job applicants are treated less favourably than others in comparable circumstances, on grounds of sexual orientation or religion or belief.

Examples include the refusal to offer a job or to provide training or withhold promotion, as well as dismissal. Such discriminatory treatment is unlawful whether it is intentional or not.

Indirect discrimination.

Indirect discrimination can arise if the employer operates working practices or policies or rules which have the effect of disadvantaging people of a particular sexual orientation or religion or belief, unless they can justify them.

An exception is made in respect of jobs where to be of a particular religion or belief constitutes a genuine occupational requirement (for example, in church-run schools where teaching staff may be required to promote a particular religious ethos in their teaching and supervision of pupils).

Employers who have yet to consider the implications of this new legislation should do so without delay.

Employers will need to review a range of policies and internal processes (ranging from recruitment through to the provision of remuneration and benefits packages and the conduct of disciplinary and grievance procedures).

Just as important will be to look at the often unwritten rules and arrangements which govern the day to day conduct and management of staff within the workplace.

For example, do catering and social arrangements create any disadvantage for those with special dietary requirements or who do not consume alcohol on religious grounds?

Do holiday arrangements adequately cater for those wishing to take annual leave to coincide with religious festivals and how are these to be dealt with when they clash with business needs?

It will not be enough for employers to pay lip service to these new regulations, by adding references to religion, belief and sexual orientation, in their equal opportunities policies.

Employers should give active consideration to the impact their workplace practices may have on their staff and encourage openness so that concerns may be raised and addressed.

Unwelcome behaviour.

Where those practices are indirectly discriminatory, new ways should be sought to meet any legitimate business needs which underlie them, which reduce or eliminate the discriminatory effects on staff.

Of course, the onus will not lie on employers alone. To secure compliance, employers will need to provide information and training, particularly at managerial levels, to ensure that legal requirements are met in practice.

The spirit of the legislation is to encourage tolerance and consideration amongst work colleagues. This is best illustrated by the new regulations which outlaw harassment on grounds of sexual orientation, religion or belief.

Any unwanted behaviour which has the purpose or effect of violating an individual's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive working environment may give rise to an allegation of harassment.

The message of the legislation is simple: have respect for your colleagues.

Source; bbc.co.uk/news. The opinions expressed are those of the author and are not held by the BBC or Hempsall Consultancies unless specifically stated. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.