
There are tons of rules and laws based around work life,
employees and employers, so it's important to understand most, if
not all, of them before you enter a place of work.
Drug testing
Recently, employers have become more and more interested in the
relationship between their employees and recreational drug use.
Their concern is (justifiably) aimed towards any staff taking drugs
in the workplace, as this may hamper their work performance and
negating safety measures. These tests are pretty understandable for
teachers, lorry drivers or dentists, but some people feel very
strongly about the infringement of their private lives, as the drug
tests are known to have detected drugs, such as cannabis, that
remain in the human body for up to a month after use. A drug test
should never just be sprung on an employee and should only be
carried out following a consultation.
Across the Atlantic, nearly half of employers carry out
mandatory drug tests in their recruitment processes or have staff
tested at random. It's starting to swing that way over here too,
with more and more companies doing the same. This could be due to
the type of work that they are carrying out, a company's stance on
drug use or, more likely, the fact that it prevents high insurance
premiums for the business. No matter what the employer's policy is,
they should have a written policy on drug testing or have them done
completely randomly without targeting specific employees just
because of suspicions.
Unfortunately for some, drug testing cannot be avoided, tricked
or beaten, unless you happen to carry a spare carton of wee to work
with you (which should be a sackable offense in itself!) Some
Internet-ordered products claim to be test-foolers, though there is
no real consistent proven method. The means of detection are
continuously improving and becoming more accurate, making it harder
and harder to blag your way through it.
If you fail the drug test, it does not necessarily result in a
dismissal. Some companies will offer support, either through
counselling or help group, especially if they have suspicions that
you are a heavy user or addict. The employee may also be moved to a
different department, depending on the work that they do. However,
employers are in no way obliged to provide this support and a
dismissal would be well within their rights. If you test positive
without having actually taken any drugs, it's time to speak to your
employer or, failing that, take legal action as drug tests are
always subject to debate regarding accuracy.
Monitoring
There is a huge debate regarding employee monitoring as some
believe that the practice of 'spying' on staff may leave employers
morally bankrupt. However, minus a few minor nit-picks, employers
are well within their rights to monitor almost all employee
activity regarding their business, by using one or more of these
methods:
- Opening your email or using software to read it remotely
- Looking through your Internet browsing history
- Checking phone logs and texts or recording calls
- Using CCTV and other security monitoring practices
- Retrieve information on your from credit reference
agencies
- Drug/alcohol testing
Though employers must have made all reasonable effects to let
staff know that their activity and ways of communication will be
monitored in the workplace, the regulations in place aren't really
heavy enough to deter interested or concerned companies. All of
these scenarios would allow unfortified monitoring, for
example:
- In the interests of national security
- To detect or prevent a crime or criminal activity
- To check that procedures are being followed accordingly
- Listening to phone calls to check for quality of work
- To check that emails and phone calls are relevant to the
business
- To check for personal usage of Internet, email and phones
- To check that electronic systems and services are working
correctly
So expect the worst if you job involves using a computer, the
Internet or making phone calls. An employer's monitoring policy
should be included in the contract of employment that you signed
before starting working for them and failure to adhere to these
clauses could result in disciplinary action or dismissal. Secret
monitoring, such as hidden cameras, recording devices or 'bugs',
are often illegal so be wary. Data Protection law states that
secret monitoring is not to be allowed in private areas, such as
employee toilets, unless there are suspicions of criminal activity,
such as drug taking or dealing.
Discrimination
Workplaces are expected to follow rules, regulations and laws
that prevent inequality, judgment and discrimination. It is against
the law for an employer or colleague to treat you differently
(betterorworse) than your colleagues because of sexuality, age,
religion, race, disability, gender or nationality. When there are
obvious differences in treatment due to any of these traits, it's
known as direct discrimination. Indirect discrimination is more
subtle and comes in the form of biased job descriptions or
unintentionally insensitive rules set by the company.
Some types of discrimination include:
- Racial discrimination
- Age discrimination
- Religion/belief discrimination
- Nationality/place of birth discrimination
- Gender discrimination/equal rights
- Sexuality discrimination
- Disability discrimination
If you believe that you are being discriminated against for any
reason, it's best to speak to the offending person informally at
first. Perhaps they are unaware of their behaviour and you could
solve the problem by talking to them privately. Failing that, try
to get a neutral third party involved and ask if they could oversee
a meeting between you and the offending person. Before this
meeting, make sure you keep a written record or diary of any
evidence you have of the discrimination. This will help to back
your claims up.
If this meeting doesn't help to resolve matters, try contacting
the Advisory, Conciliation and Arbitration Services (Acas) as they
provide free, private and confidential advice regarding issues at
work. You could telephone them on 08457 47 47 47 or have a look at their website
for more advice.
If you are still having issues, you may have to take things
higher. If you take your case to an employment tribunal, you may be
awarded compensatory damages and you may also avoid having to go to
court. To successfully take a complaint to tribunal, you must apply
within three months of the issue and be sure to take legal
advice.