EMPLOYMENT IN THE GAY COMMUNITY AND THE LAW
Your Questions and Answers
with Frank Griffin
IMPORTANT
All articles in GLP Solicitors' Your Rights section refer to the law in England and Wales.
[Note: This article concerns the law in
England and Wales]
Question. Two weeks ago I was dismissed for being absent from the work site without permission from my employer, I was in fact attending a local hospital for treatment for a sexual disease infection. Naturally I feel very embarrassed in talking about the reasons for my absences from the site.
Now I have an appeal to attend at the company. Will it be in my interest to explain my reluctance to give the true reason why I was off work. I also want a witness present but I feel uncomfortable about them knowing the fact of my having this disease.
Answer. Yes very clearly you must appeal, you could set out the basic information in written form, put it into an envelope and ensure the letter is marked “strictly private and confidential to be opened by the addressee only”.
That would make the appeal meeting less dramatic or embarrassing for you as the information you put down you can ask to be treated in confidence.
It would be better for you now to be totally open and fully explain, it will be understood that you had a very good reason for the absence, particularly if you make clear the times and dates of your clinic visits in the letter and confirm which hospital you visited, if those are the actual times you took off work, your company and in particular the manager to whom you appeal would probably be very understanding.
At this stage of events quite frankly you have very little to lose, the situation needs to be dealt with without further delay and I would advise you send the letter promptly before the appeal.
Q. Does the Company who employ me legally have to give me an annual cost of living increase in my pay. I have not had a pay rise for two over years.
A. Not unless you have a written contract which says you have the right to such a guaranteed salary increase.
Most employers however do have an annual review of wages and salaries, that is because of the effect of inflation on their staff’s wages and their terms and conditions. Also it is good practice, in order to retain the staff they employ, wages are normally kept in line with that of other employers in the area.
The only possible exception is if the rate of pay is in line with the National Minimum Wage (NMW) that does have an annual review and is a legal entitlement. Also the right to paid holidays which are protected by the Working Time Regulations (WTR).
You should make sure your pay and holidays are at least kept up to date, in line with the National Minimum Wage for pay and the appropriate amount of paid holidays under the Working Time Regulations.
Q. My son who works in the family business has been with his same sex partner for the past 7 years. He recently told us that he is going to take part in a civil ceremony. We actually have no idea what this really means, does it mean that they will be married, as far as everyone understands there is a marriage to take place. Does it affect the situation on other things like the division of property if the relationship breaks down, what is the effect on the joint home, also such matters as Inheritance Tax.
What will be the legal difference of him completing such a ceremony with his partner, for him as an employee in the company does his status change?
A. The appropriate legislation comes into effect on Monday 5th December 2005 and its title is “The Civil Partnership Act”.
Such marriages of same sex couples with the exception of some aspects of pensions legislation, they will be exactly the same as any other couples who decided to marry.
The civil ceremony will take place in approved venues and a set of words will be required to be recited by the partners when such a gay marriage is formalised. The civil partners will be legally “joined”, when they sign a Register at such approved venues.
The partners will then have the same rights as all married couples in matters of tax, employment, benefits and housing.
If unfortunately the relationship breaks down, the civil court can and will be able to rule on the division of property and issues such as maintenance payments.
There is no change to your son’s status as an employee, except if he suffered any action which was to his detriment because of the act of taking part in a “Civil Partnership” ceremony, that detriment is a potential act of discrimination.
■ Frank Griffin specialises in employment law. He is an experienced Tribunal Advocate, a Human Resources Consultant and Arbitrator. He advises clients on employment relations matters and employment legislation. He can be reached at employment@glplaw.com
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28 September 2005
