Legal advice: NMW, grievances and the DDA

October 1 is the date when licensees must heed pay rate rises, grievance obligations and disability access.

By Rebecca Caws of thePublican.com's team of legal experts from London solicitors Joelson Wilson.​

Autumn is often regarded as a time for change and this year proves no exception. October 1, 2004 is the date when a number of statutory provisions come into force, affecting businesses large and small, their employees and, to a lesser extent, customers.

• National minimum wage​

The minimum hourly rate will increase. There are currently two rates of pay: the adult rate for those aged 22 and above and the youth rate for those aged 18 to 21. These rates will increase from £4.50 to £4.85 and £3.80 to £4.10 respectively.

However, the most important change concerns the addition of a new rate of pay for 16 and 17 year olds. At present there is no minimum hourly rate for this age group so it is possible for employers to keep costs down by hiring young employees for very little.

One of the arguments against its introduction is that it could discourage young people from continuing in education.

But many have no wish to pursue further education. It appears that a balance will now be struck to protect young people who decide that higher education is not for them.

The new rate of £3 per hour may affect the service industries which tend to employ young people for positions that do not require qualifications or skill, and there are fears that some jobs may be lost. This may be one of the reasons why the new rate of pay is considerably lower than the youth and adult rates.

Dispute resolution​

Another important change is the introduction of obligatory procedures to deal with disputes in the workplace. There are procedures both for disciplining an employee and for employees wishing to raise a grievance. Many of us will imagine that the new procedures will not affect us but unfortunately problems arise in most workplaces so employees and employers alike should familiarise themselves with the procedures.

On the face of it the procedures appear fairly straightforward, requiring any grievance or disciplinary matter to be set out in writing and for meetings to be held to deal with the issues. Employees have a right to be accompanied in any such meeting and in most cases there is a right of appeal.

The consequences of failing to implement these processes could be considerable. For example, it could prove the deciding factor when an employment tribunal considers the case of an employee who has been disciplined and dismissed by a company. Likewise, an employee who fails to follow a procedure when raising a grievance may find that he or she is later barred from bringing a claim in relation to the original grievance.

As always, forewarned is forearmed, so employers should amend existing disciplinary and grievance procedures to comply. Employers who do not yet have procedures in place should at least familiarise themselves with the obligatory procedures. Employees should ask their employer to provide a copy of the company's procedures and ensure that they are aware of their rights.

Disability Discrimination Act​

One of the big changes to the Disability Discrimination Act (DDA) is that the current provision which exempts employers with fewer than 15 employees will no longer apply. Small businesses will suddenly have to become acquainted with the DDA provisions. They will have to be alert to potential disability issues and make reasonable adjustments. One way in which small businesses can prepare for the change is to create and implement a policy dealing with disability issues.

Another significant difference is that pubs (along with other service providers) will be under a duty to remove obstacles, make alterations or provide reasonable means for disabled people to access the goods or services they provide. The duty will only apply where it is "reasonable", taking into account the size, resources and nature of the business.

However, it will be necessary to establish whether structural changes can reasonably be carried out, which may include installation of lifts, wheelchair hoists and ramps and door widening. For further details about the new duties and what is considered reasonable, visit www.disability.gov.uk and www.drc-gb.org.

Period of adjustment​

No doubt there will be a short period of adjustment while we all get used to the new provisions. Being aware of the changes is important and should enable us to recognise potential issues in sufficient time to avoid unwittingly incurring liability for a claim or preventing you from bringing a claim yourself.