Policy News Journal - 2013-14

The Payment of Tribunal Awards 2013 study examined whether awards were paid, reasons for non-payment and the effect of enforcement action. One of the most common reasons for non-payment was that employers simply refused to pay. Other findings included:  Just under half (49%) of claimants who had been granted an award by a tribunal had been paid the award in full, and a further 16% had been paid in part. This amounts to 64% of all claimants, and leaves more than a third who had not received any money at all, even after in some cases enforcement action was taken.  Of those who were not paid their award without resorting to enforcement, almost half (46%) pursued enforcement through the courts (22% of all claimants).  Claimants with larger award values (over £5,000) who were not paid their award were more likely to report that the company had become insolvent or ceased trading.  The reason most commonly given for non-payment was that the company no longer existed/had become insolvent or otherwise ceased trading (37%). One in three claimants whose award was not paid (29%) stated that the employer had refused to pay, and 17% were unable to locate the employer.  The main reason given for not using enforcement to pursue an award is lack of awareness. Overall, only 41% of claimants agreed that they were aware of the options open to them if their employer did not pay their award (falling to only 28% of those who did not use enforcement). Anecdotal evidence suggests that some pregnant women experience discrimination while on maternity leave or on their return to work. However, there is no up to date evidence as the most recent data goes back to 2005. The project will investigate employers’ practices towards employees who are pregnant or on maternity leave, and these employee's experiences in the workplace to provide evidence on the extent, causes and effects of pregnancy and maternity discrimination. This information will enable the Commission and Government to shape the most appropriate response. The Commission proposed the project to the Department for Culture Media and Sport (DCMS) as part of a package of measures to address Equality and Human Rights, and Secretary of state Maria Miller has confirmed the funding to support this project. Education for both employers and employees nationally will be key to tackling this issue and the Commission will assess how best to raise awareness of pregnancy and maternity rights. Mark Hammond, Chief Executive of the Equality and Human Rights Commission, said: 'It is very concerning that in 2013 a number of women are still being disadvantaged in the workplace just because they are pregnant. That would be unlawful discrimination and needs to be tackled.' The Equality and Human Rights Commission tackles pregnancy discrimination 20 November 2013 The Equality and Human Rights Commission will be undertaking a new comprehensive research project into the scale of pregnancy and maternity discrimination in the workplace.

'We will look at existing research, gather new evidence and carry out our expert analysis to establish the extent of the problem and advise on how best it can to be addressed.'

Whistleblowing Commission publishes report

29 November 2013

CIPP Policy News Journal

16/04/2014, Page 88 of 519

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