CALLING ALL
READERS
We want to hear your employment
law issues. Send us your dilemmas to
feature here next month.
Email: chris.beck@markallengroup.com
a room, the regulations also
require a minimum space of
11m3 per person. However,
this is a minimum and may
be insufficient if, for example,
much of the room is taken up
by furniture etc. Every room
where people work should have
sufficient floor area, height and
unoccupied space for purposes
of health, safety and welfare.
The number of people who may
work in any particular room at
any one time will depend not
only on the size of the room, but
also on the space taken up by
furniture, fittings, equipment,
and on the layout of the room.
You should also ensure
that the arrangement of the
workstations is suitable for any
disabled employees and, if not
you need to consider whether
there are any reasonable
adjustments which you could
make. This may include
increasing space between
workstations. Failure to do so
could give rise to a claim of
disability discrimination.
I’m concerned that a culture
of nepotism has taken
hold in the company I work
for. Several of my colleagues
have been overlooked for
promotion on a number of
occasions in favour of lessexperienced
staff, who just
happen to be relatives of
board members. On a human
level, this seems unfair, but
is it illegal? I’m concerned
to formally raise it without
some knowledge of the laws
surrounding nepotism.
The short answer to this is that,
while nepotism might be widely
considered immoral, it is not
directly illegal under existing
employment law.
If the decision to promote
the individuals in this case
was taken by directors of the
company, they will have specific
duties that nepotism might fall
foul of. Under company law,
a director is obligated to take
decisions that are to promote
the success of the company; in
doing so they should also have
regard to the interests of the
company’s employees. It could
be argued that a culture of
nepotism of those less qualified
C
is not in the best interest of the
stakeholders of the company.
M
If the culture of nepotism Y
is
considerably bad in your factory
and there is, or was promised, a
clear route for progression and
promotion, then if an employee
resigned there may be a claim
for constructive dismissal.
Showing favouritism to
CM
MY
CY
CMY
K
relatives within the company,
at the expense of the promotion
and success of other employees,
may arguably be a breach of
the implied duty of mutual
trust and confidence that
the employer has with its
employees. The implied term
obliges employers to treat
employees ‘even-handedly’.
This doesn’t necessarily mean
treating them identically, but
if the employer treats one
employee differently from the
rest, the reasons for doing so
must not be arbitrary.
Choosing a family member,
particularly when they have
no experience or skills for the
role, will erode the trust and
may be used as reasoning for
a constructive dismissal. Any
grievance will need a significant
amount of of evidence, such as
reasons to why the individual
in question is not suited to the
role and the unfair reason why
someone was not promoted.
Know your law...
Regulation 10 of the
Workplace, (Health
Safety and Welfare)
Regulations 1992 outlines how
much space a worker is entitled to.
It does not apply to rooms being
used for lectures, meetings and
similar purposes.
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