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Is the industry a law unto itself?


ONE-THIRD of the travel industry is unwittingly breaking the law in the workplace.



This startling fact will undoubtedly send warning signals throughout the industry but according to experts in employment law, it is an area of business that companies cannot afford to ignore.



Tough employment legislation being introduced by the Government this year will be the most far-reaching changes since Labour secured power two years ago.



Everything from the Data Protection Act, working-time regulations and minimum working wage to laws affecting disability, age, sex and race discrimination, is being addressed.



Labour’s election manifesto towards more employee friendly legislation is finally being put into practice in line with European Commission legislation.



Companies of all sizes and from all industries are being warned to put their house in order or face the possibility of prosecution which could drive many out of business.



Travel is one of the most employee friendly industries with a generally impeccable record in employment law. But recruitment and legal experts warn that this is true mainly for bigger companies which have a huge workforce and in-house human resources department.



The smaller travel companies, particularly travel agents and tour operators, are those who are breaking the law, due mainly to a lack of understanding and knowledge of current employment legislation and practice.



Without a human resources department, small companies often rely on managing directors or secretaries to keep tabs on the latest laws.



According to leading travel industry recruitment specialist AA Appointments, the Government’s tough stance will help cause a general shake-up. Director John Tolmie said:”There is an awful lot of new regulation coming up which you have to be aware of.



“Naivety and ignorance of the laws will not be good enough as a defence in court in the future. Companies have to be aware of the regulations because employees are becoming more aware of their rights.”



Tolmie acknowledged that employment law is a minefield to understand, but said it is vital to keep up to speed with the changes.



He said recent changes to employment laws were designed to crack down on many rogue companies.



Hotels and guest houses have, for example, historically paid low salaries, yet despite the introduction of the new minimum working-wage of £3.50 an hour, some in the industry are still known to be breaking the law.



“There are a number of employers who are manipulative, but the majority in the travel industry are fair-minded people,” said Tolmie.



“If you have a company employing hundreds or thousands of people, you will have a human resources department or hire consultants to deal with such issues.



“But if you are a small to medium-sized travel agent, the chances are you do not have the advantage of a personnel department and it is in this scenario you could be breaking the law without ever knowing it.”


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