Sex discrimination at the Home Office

The Home Office has recently been found guilty of sex discrimination at an Employment Tribunal.

The discrimination was in the way it treated a woman who had time off while pregnant. The case centred around a maternity pay policy introduced by the department in 2007 which altered the criteria for qualification.

The Civil Servant in question had to take unpaid special leave in August 2006 and, after the birth of her baby, the department wrote to her to say that she would not qualify for contractual maternity pay.

The Employment Tribunal found that the policy discriminated against women because they were more likely than men to take unpaid leave. The judge decreed that the department had failed to consider the diversity related impact of the policy and condemned the timing of the letter to the employee as "extraordinary insensitive".

She was awarded compensation for loss of earnings and injury to feelings. The tribunal also imposed the maximum uplift of 50% on the department for failing to address her initial grievance.

Having Scope and doing little about it

Scope is a leading UK disability organisation with more than 50 years experience in providing support to disabled people to increase their employment opportunities. The Welsh Assembly Government is a devolved government with nearly 10 years experience of falling short as an employer in the area of equal opportunities.

The development of the Leadership Recruitment Programme by Scope promotes awareness of staff diversity and the contribution disabled people can make to the workplace. It also aims to ensure that disabled people of graduate calibre achieve equality and are valued in society, rather than being overlooked.

Last month the programme marked a year since ending its first 12-month trial of running in the Welsh Assembly Government, who was one of many high-profile employers taking part.

Not a bad ongoing gesture from an organisation that seems to fail in this area, and needs to show a vast improvement when it comes to equal opportunities.

Move the goalposts and score an own goal

As mentioned in my previous post. We're in need of a good story that not only demonstrates the inconsistency of those running the WAG machine, but also an example of the civil service not getting their own way and yet again promoting one of their own numbers from within.

The Western Mail reports the appointment of a freemason as the head of the NHS in Wales was attacked last night as inconsistent.

Paul Williams left his post as chief executive of Abertawe Bro Morgannwg NHS Trust at the end of last month on a two-year secondment during which he will be in charge of the Welsh health service. He is currently working a handover period with Ann Lloyd, his predecessor, who is retiring.

But a civil servant who contacted the Western Mail contrasted the appointment of Mr Williams with an earlier decision to block the appointment of Gerard Elias QC as the Welsh Assembly’s counsel general – partly because he was a freemason.

In 2004, Mr Elias, one of the best-known barristers in Wales, was personally vetoed by First Minister Rhodri Morgan after he was recommended for the post of top legal adviser at the Assembly by Civil Service Commissioners.

Mr Morgan’s refusal to appoint Mr Elias – and the revelation that he had unsuccessfully sought approval from the commissioners to appoint the candidate who came second, a former Labour parliamentary candidate – created a political storm at the time.

The Western Mail received a typewritten letter saying:

I am afraid this note has to be anonymous as I am a civil servant.

You might find it useful to ask the Welsh Assembly Government why it saw fit to debar Gerard Elias from the counsel general post on the basis of his rather inactive freemasonry but now sees no problem in appointing Paul Williams, a very senior and active freemason, to the post of head of NHS Wales.

No doubt the excuse will be that the counsel general offers advice on legal issues but there is no more sensitive post than head of NHS Wales.

I am not a freemason but I have no quarrel with that organisation. I have no axe to grind for or against Mr Elias, unknown to me, or Mr Williams, known to me but not well-known.

My beef is really with the inconsistency and – let’s face it the dishonesty – around decisions like this which devalue the whole Assembly position.

An Assembly Government spokeswoman said:

We appoint on merit and the best person for the job based on skills and experience. We do not have a policy of excluding individuals based on membership of the freemasons.

Candidates are not obliged to declare membership of the freemasons. The issue of Paul Williams’ membership of freemasons is viewed as a private matter.

I couldn't help but contact one anonymous insider that contacted me a while back on another issue. I was told that "one senior civil servant didn't get what they wanted for Christmas" which I think amusingly falls foul of the tradition of Secret Santa.

Merry Christmas everyone.

[Pippa Wagstaff is currently on a blogging break and hopes to return in the New Year]

Complex office relationships

An acquaintance passed an internal journal to me pointing out this piece of legal advice from a submitted question [true story]. Makes you think!

Q. My manager has just told me I am to lose my job. I think this may be because I have been having an affair with one of my colleagues (although this has now ended). Please can you explain my rights?

A. If your employer sacks you because of the affair and you have worked for them at least a year, you may be able to raise a compliant of unfair dismissal with an employment tribunal.

If your affair was with a member of the opposite sex and only one of you is being asked to leave, you may also have grounds for a sex discrimination claim. This can be brought regardless of how long you have worked for your employer.

You may also make a claim if your affair was with a member of the same sex and there is evidence your dismissal was related to your sexual orientation.

If the relationship ended badly make sure bad feelings do not spill over into your working relationship, otherwise you could find yourself accused of sexual harassment or discrimination. This is a particular risk if you are in a position of seniority over your colleague. Either way, your employer will have to follow a proper disciplinary procedure, giving you a right to appeal, before they can dismiss you.

[Pippa Wagstaff is currently on a blogging break]