Agricultural Fatalities

New figures for the number of workers who were fatally injured in the agriculture sector have been released by the Health and Safety Executive (HSE) this month.


They show that between 1 April 2009 and 31 March 2010:

• 38 agriculture workers were killed at work, marking a return to average levels of previous years in contrast to the record low in 2008/09 when 25 workers died


• the rate of fatal injuries in the sector was 8.2 per 100,000 workers, making it the most dangerous industry in which to work


• of the 38 agriculture workers killed, 17 were employees and 21 were self employed people


• seven members of the public were also killed in work related accidents in the sector

Builders Fined

A building company and its director have been fined a total of £30,000 after a worker fell nearly thirty feet from scaffolding at a building site in Llanfairfechan, sustaining severe injuries.

JBB Homes Ltd of Stockport in Cheshire - which has subsequently gone into liquidation - pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974. It was fined £20,000 and ordered to pay costs of £10,835. The company's director, James Burt, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work Act 1974 and was fined £10,000.

Llandudno Magistrates' Court heard that builder Nicholas Roberts, 28 years old from Rhyl, was working on scaffolding at a site in Gwylanedd, The Promenade, Llanfairfechan on 4 December 2007 when the incident happened.

The HSE investigation found that Mr Roberts was carrying out work to replace a lintel, when he fell from the scaffolding. He fractured his pelvis in three places, broke some teeth and bruised his pelvis and groin.

Cereal + driving = not a good combination!

A lorry driver has been caught eating a bowl of cereal whilst driving on the M25. Using both hands to eat, the driver was caught on camera and the picture has spread like wildfire on the internet. Taking a quick brekkie break on the middle of a motorway is obviously not advisable.

Death threat results in tribunal

An employer who allegedly said “I will kill you before you get a penny of redundancy from me” has been forced to pay £13,138 to the employee who subsequently won a constructive dismissal claim. The employee initially accepted an offer to have his job back after requesting redundancy pay, but was given a ‘pointless’ job instead of his old job back.

Britain's Got Talent tribunal

A contestant on the show has failed in her attempt to place a claim at a tribunal. The contestant alleged that she was discriminated on the grounds of her disability, leading to Simon Cowell criticising her performance and a decision not to put her through to the next round. Her claim was rejected on the grounds that Simon Cowell was not (and never would have been) her employer.

EU considers maternity pay increase

The European Parliament will shortly consider a proposal to increase maternity pay during the first 20 weeks of maternity leave. Women in the UK are entitled to 6 weeks on 90% of their normal pay followed by 33 weeks on the Statutory Maternity Pay (SMP) rate which is currently £124.88. Under the proposals, women would be entitled to full pay during the first 20 weeks of maternity leave (with pay for the remaining maternity leave being unchanged).

The UK business community has been quick to point out the huge costs involved, and that the recent economic downturn means the proposal is ill timed.

Facebook ban in Germany

The German Parliament is due to consider a proposal which would lead to a ban on employers checking the Facebook pages of job applicants. The legislation would make it illegal to check photos, postings and comments on social networking pages.

Fees Go Up

The UKBA has announced increases in immigration and nationality fees from 1 October 2010.

REMINDER!!!

The Government is still consulting on the proposed abolition of the Default Retirement Age in October 2011. Notices of retirement for those turning 65 before then will need to be issued by April 2011 at the latest.

Equality Act

The Equality Act 2010 is due to come into effect on 1st October 2010. The Act collates and changes several areas of discrimination legislation covering race, sex, disability, sexual orientation, religion or belief, or age. The Act adopts a more consistent approach to discrimination – resulting in several key changes.

Some key changes coming into effect on 1st October 2010 are:

• Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers
• Clearer protection for breastfeeding mothers
• Introducing a new concept of “discrimination arising from disability”
• Extending protection from 3rd party harassment to all protected characteristics
• Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health
• Making pay secrecy clauses unenforceable
• Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce
• Harmonising provisions allowing voluntary positive action

This list is not exhaustive but it does cover the area’s most likely to affect Empire HR clients. The Empire HR Bulletin has already addressed some of these changes. The July Bulletin explained how the Equality Act affects disability discrimination and the April Bulletin outlined the impact upon medical questionnaires. This edition focuses on secrecy clauses (see below). Empire HR will be keeping clients up to date on the implementation of the Equality Act. Don’t forget to check the Empire HR Facebook page or the Empire Wire for the latest information!

Secrecy Clauses

A lot of media attention has been focussed on claims that secrecy clauses in relation to pay are going to be banned. However, the Equality Act will not actually make it illegal for contracts to contain a secrecy clause about pay. Rather, the Act will make it impossible for an employer to enforce the clause. This does have the effect of rendering the clause almost useless in many circumstances.

Section 77 of the Act will make any secrecy clause that prevents employees from making ‘relevant pay disclosures’ unenforceable. For example, if a female employee thinks she may be getting paid less than a male colleague who does the same job and she asks him how much he gets paid, the Company would not be able to take action if he does disclose his pay. It will also cover discussions regarding pay with unions, advisors etc.

This effectively means that employees can discuss their pay with each other. In theory the Act only renders the clause unenforceable where there’s a ‘relevant disclosure’ but it’s difficult to see how that could be proved. The aim of this section of the Act is to promote equality of pay.

However, a business would still be able to take disciplinary action if an employee breaches a confidentiality clause in their contract by disclosing their pay to a third party such as a competitor.

Those who have already circulated contracts containing secrecy clauses don’t necessarily need to issue new contracts with the clause removed, but it is important to be aware that the clause is unenforceable. Businesses that are particularly concerned about competitors or third parties finding out about what their employees are paid may wish to review their confidentiality clauses in order to make sure employees are aware that disclosure of their pay to third parties is still a disciplinary offence.

Criminal Law & Work

Many employers are under the impression that they have the automatic right to dismiss an employee where a criminal offence has been committed. However, this is not always the case. Two common examples are where immigration laws are breached, and where a driving offence has been committed.

The case of Kelly v University of Southampton (2007) highlighted this issue. The university had employed an American lecturer after she had obtained permission to work and live in the UK. Unfortunately (and rarely) her permission to live in the UK expired before the expiry of her right to work in the UK. She was left in a position whereby she had permission to work in the UK, but not to live in the UK. The university (wrongly as it turned out) believed that it would be committing a criminal offence by continuing to employ her. As a result, the employee was dismissed.

An Employment Appeal Tribunal held that Kelly had been unfairly dismissed. There were two reasons for this. Firstly, the University still had permission to employ her and was not actually committing a criminal offence by employing her (bear in mind that immigration rules have changed since this decision was made). Secondly, and most interestingly, the tribunal confirmed that there is no automatic right to dismiss even where a criminal offence has been committed. The University had failed to follow the full dismissal procedure and had not allowed Kelly the right to appeal. Perhaps the tribunal’s decision was largely influenced by the fact that had Kelly been given the right to appeal, she would have had time to get her visa extended.

The Tribunal stressed that any decision to dismiss must be reasonable in all the circumstances. Therefore, where a business is contemplating the dismissal of an employee due to a breach of criminal law it is important to take all the circumstances into account and consider whether it is reasonable to dismiss.

This is especially relevant where an employee is convicted of a driving offence. A dismissal is likely to be unfair if the employee does not drive as part of their job and where the conviction is fairly minor. However, if the job requires a lot of driving and the conviction is serious, a tribunal is more likely to consider a dismissal to be fair.

In practice this case demonstrates the importance of finding out all the relevant information and considering how the situation could be resolved. In immigration cases, it would be wise to establish whether the employee could get their existing visa extended or apply for a different type of visa. In the event that it does result in a tribunal case, a business will be well placed to defend a claim if there is a good paper trail showing that attempts were made to help the employee comply with the immigration laws.

Simple tips to ensure everyone's safety

Lifting

• split load if possible
• assess weight, shape and freedom
• use leverage if possible
• get close
• secure grip (wear gloves?)
• bend knees, keep back upright
• never twist your back
• take care when putting it down

Carrying

• use a sack barrow, truck or trolley
• check the route
• grasp firmly (wear gloves?)
• see ahead
• get others to hold doors open
• keep clear of obstructions
• put it down securely

Slipping/Tripping

• cover cables
• close drawers
• fix carpets, mats etc
• mop up spills
• keep walkways clear

Falling Objects

• no temporary Piles
• shut cupbaords & filing cabinets
• stand on steps, never a swivel chair
• stack securely, don't overload
• don't stack different things on top of each another
  

Is your fire risk assessment up to date?

Under UK fire safety law, employers must carry out a Fire Risk Assessment (FRA) that looks at removing and reducing the risk of fire. Your FRA should be reviewed and updated continuously to keep it a ‘live’ document. In particular, it should be updated following any change in premises, processes or the number of people employed, or if you've had a near miss or a real fire. It is good practice to review it at regular intervals of 12 months. Our consultants can undertake a FRA for your business or review an existing one to ensure peace of mind.

Empire can also provide your staff with vital fire awareness training or train your fire wardens to ensure their competence.

Contact Empire today for details.

Jobless increase north of the border sign of fragile recovery

The number of people out of work and claiming jobseeker’s allowance in Scotland rose by nearly 1,500 to 138,588 last month, official figures showed yesterday.

August’s increase in the unadjusted total came as the impact of continuing uncertain economic conditions and the recent recession continued to bite hard.

Few parts of the country were spared as unemployment climbed, with the Highlands among the notable exceptions after a 1.1% fall to 3,613 in the number of people out of work.

On a different measure, using seasonally adjusted labour force figures, Scottish joblessness rose by 25,000 between May and July, to 239,000, while unemployment throughout the UK fell by 8,000 to 2.47million.

Scotland’s jobless rate increased to 8.9% over the period on this basis, compared with a UK figure of 7.8% Enterprise Minister Jim Mather said the figures were proof that spending cuts imposed by the UK Government were too quick and too deep, and posed a significant threat to Scotland's fragile recovery.

On a more positive note, the number of people in work north of the border rose by 25,000 during the quarter to July, to 2.45million, and Mr Mather said significant numbers of jobs were being created.

He added: “The very unwelcome rise in unemployment highlights that recovery is fragile.
“More needs to be done to tackle unemployment and create more job opportunities, which underlines the urgent need for Scotland to secure economic powers and financial responsibility so that the Scottish Government and parliament have the macroeconomic tools needed to boost growth and employment.”

Scottish Secretary Michael Moore blamed the “economic incompetence of the previous Labour government at Westminster” for the rising jobless total in Scotland.

STUC general secretary Grahame Smith said the rise in unemployment was a social and economic disaster for Scotland, while the Federation of Small Businesses (FSB) in Scotland called for government action to make it easier and more affordable for firms to expand their workforces and “help reverse this damaging trend”.

FSB spokesman Colin Borland added: “We will need better and more focused support.”

CBI Scotland assistant director David Lonsdale said: “Recent data suggests Scotland is emerging from recession albeit at a decidedly modest rate, demonstrating just how fragile the recovery is. For many firms and individuals, it will not feel like recovery for some time yet.

“This re-inforces the need for government at all levels to put economic growth at the heart of their upcoming spending plans.”

Scottish Chambers of Commerce chief executive Liz Cameron said the higher rate of unemployment in Scotland was very worrying, particularly because public-sector spending cuts were likely to hit harder north of the border over the next few years.

She added: “Unemployment has been falling in the rest of the UK for most of this year, but here in Scotland the numbers are heading in the wrong direction.”

Mind your career

As graduates across the country start to flood the jobs market, appeals go out to businesses to invest in their future resources.

In recent reports, we have seen the number of young people aged 18-24 out of work continue to rise. Graduates who are struggling to find work related to their degrees are taking jobs as retail assistants, shelf stackers and generally menial jobs on low salaries.

The problem which exists is that many of these talented graduates can get stuck, gaining no real commercial experience related to their qualifications, and thus go on to lack the competitive advantage and confidence required in the marketplace. In turn, this has a significant negative impact on the availability of skilled talent for future business resources.

Some graduates who are concerned about entering the jobs market are choosing to go straight into studying for a Master’s degree. Although an understandable option, this does mean individuals continue to lack the vital commercial experience to complement their qualifications.

The surplus of young people and the limited jobs available perhaps requires the provision of additional routes into employment. Vacancies do exist, but it may be a case of graduates and businesses being more flexible and open to different opportunities.

With student placements during study now commonplace for many university courses, why, as a business community, could we not consider post-graduation coaching placements? These could provide a real win-win situation for graduates and businesses.

While graduates would be able to gain ongoing development, adding real value to their CVs, businesses could gain additional short-term resources while nurturing future talented leaders through supplementary learning and development.

If you are a graduate and finding it difficult to gain a professional position:

Boost your CV. Take the time to research opportunities which will add value to your CV – whether this is a gap year working abroad, youth/voluntary work and/or internships – but try to engage in opportunities which will develop your skills.

Stay motivated. It’s important to stay motivated as it can take time to secure an appropriate professional job. If you begin to feel de-motivated, talk to friends or family, or find a coach who you can discuss your options with. Make an action plan on how you are going to get that dream job, and stay focused.

Gain commercial placements/internships. If you are a 2010 graduate, you may be up against 2008 and 2009 graduates who have had up to two years to gain experience. If you only have academic qualifications without commercial experience, it may be tougher to secure your preferred position. Therefore, if you can demonstrate learning and experience in a similar environment, your potential will be much more attractive to employers.

Coaching and training. As a new graduate, it is unlikely you will have funds to invest in specific training. However, if you are offered an unpaid internship, why not try to negotiate some training investment instead? Or accept a reasonable salary and supplement this with some paid coaching sessions.

Alternatively, if you are part of the business community and either run your own business or are in a leadership position, could you provide postgraduate placements to help develop young graduates?

There should be no need for us to lose a generation of skilled talent. As a business community, we must remind ourselves of where we once were, consider our future resources and take action to invest in our employees of the future.

By providing postgraduate placements, coupled with coaching and training to supplement learning and development, we could ensure that talented graduates receive continued support and progression into business.

Mindful aims to provide development solutions to individuals and businesses, helping unleash potential and leading to improved performance, growth and, ultimately, success, both professional and personal.

Skills shortages could harm low carbon economy

A survey of 400 businesses has revealed that only about half (47%) believe that the UK has the skills base to create a low carbon economy and to rebalance the manufacturing sector.
One in five employers report that they are already struggling to recruit new engineering graduates and, in future, even more engineers will be needed, so a green economy is to be created with a vibrant manufacturing sector.

The annual skills survey conducted by Europe’s largest professional society for engineers and technologists — the Institution of Engineering and Technology (IET) — reveals a significant lack of confidence among engineering employers that the UK can deliver on the Government’s ambitions in this regard.

IET Head of Policy Paul Davies said: "This is a stark warning that the UK will find it hard to take advantage of the demand for low carbon technologies unless we see some big changes and attract a substantial generation of new engineers very soon." He warned that the introduction of a cap on migration would mean the possibility that the situation could get even worse.

At present, 20% of professional scientific jobs in the UK are filled by migrants, Mr Davies said. Without the right number of highly skilled migrants and without the right number of highly skilled graduates, employers will struggle to find the people they need to engineer a low carbon economy.

The 2010 IET skills survey is available at http://www.theiet.org/factfiles/education/skill-survey.cfm.

Performance Managing your staff – Steve Cook, Empire HR

Ask The Expert - Steve Cook

Guruspot - Steve Cook

Steve Cook – Chief Executive – Empire HR

Steve is Chief Executive of Empire HR Ltd and is active within the Aberdeen community where he is currently Chairman of Enterprise North East Trust (ENET), who deliver the Business Gateway contract into both the Grampian & Tayside regions and who also have a major property portfolio.

Steve is also a Patron and fundraiser for Cancer Link Aberdeen & North (CLAN) and is involved with the Aberdeen International Football Festival.

Until the Empire MBO in September 2007, Steve was a director & shareholder of Linkfleet Ltd, an Aberdeen based independent investment company providing financial resources and management support services to a range of small to medium sized businesses. Linkfleet held majority investments in a number of different investments including environmental recycling & compacting, onshore & offshore industrial services, container services and professional services with group turnover c £8m. Steve was previously employment law specialist and Managing Director of Empire Business Services Ltd having set up the company in 1996 and then becoming Regional Director of Croner Consulting Scotland following Croners’ acquisition of Empire in 2002. Empire grew to become one of the biggest independent Personnel & Health & Safety consultancies in Scotland.

Steve has held various senior positions over the last fifteen years and in total he has over twenty five years experience within the Energy Industry.

Resident in Aberdeen and married to Pauline, Steve has 2 boys aged 15 & 17.

More Family Friendly Changes Expected

Teresa May (Home Secretary) has revealed that changes to paternity leave due to the implemented in April 2011 are currently being reviewed by the coalition Government. The Government is expected to propose a new system of flexible parental leave next year, which might impact upon additional paternity leave.

HEALTH & SAFETY UPDATE - Offshore Inspections

A new HSE inspection programme for offshore oil and gas installations on the UK continental shelf will focus on making sure that ageing infrastructure does not put the safety of around 28,000 workers at risk.

After four decades of production in the UK sector of the North Sea, more than half the existing fixed platforms have either exceeded their original design life or will do so soon.

With many installations now expected to remain operational for some time, the HSE wants to check that operators’ safety management plans consider the potential consequences of ageing structures.

“We will be seeking evidence and reassurance that operators are properly considering ageing and life extension as a key and distinct part of their asset integrity management plans,” said the HSE's head of offshore safety Steve Walker.

Known as the Ageing & Life Extension Inspection Programme (or key programme 4 – KP4), the initiative will run until September 2013. As well as carrying out inspections and taking enforcement action if necessary, the HSE will be working with industry bodies to promote good practice and develop new technical information for operators.

Smoking a disciplinary offence??

NHS Grampian is considering proposals that would make smoking on NHS property a disciplinary offence. Staff would be banned from smoking whilst wearing their uniform and ID badges, and the proposals would mean the removal of smoking areas.

full-time or part-time?

Did you know....?

New figures published by the Office for National Statistics show that the number of people working part-time is at a record high, with over 7.82 million people working in part-time employment.

The report found that many employees are working the equivalent hours of part-time employment involuntarily as they are unable to secure full-time hours in their chosen area of employment.

Minimum Wage Increases

The Government has confirmed that 21 year olds will be entitled to the highest rate of minimum wage from 1st October 2010. Currently, the maximum is only available to those aged over 22. The minimum wage for those aged 21 and above will rise to £5.93.

Managers and Deputies - a match made in heaven?

Tony Blair has revealed that he found Gordon Brown ‘maddening’ and a ‘strange guy’. As Chancellor, Mr Brown was in many ways a Deputy for Mr Blair.

Putting aside arguments relating to politics, this revelation does raise interesting questions about the Manager – Deputy relationship. Is it important that the two have aligned views on key areas? Must they get on well together? How should they deal with disagreements? Who will have the final word? What can Managers and Deputies outwith the political arena learn from their examples?

A Deputy is normally someone who will stand in for a Manager when they are out of the office, on holiday or simply working on something else. The role of a Deputy will vary in different businesses, but they will often be expected to back up and support the Manager. A good Manager/Deputy relationship can work wonders for a business. Where a working relationship brings out the best in each of them, it’s likely that both the individuals concerned and the business will thrive.

There are many famous duos that can be given as examples of successful Manager/Deputy type relationships. Batman and Robin, Captain Kirk and First Officer Spock, Poirot and Hastings are all well known. In the nonfiction arena, Margaret Thatcher was often heard to praise her Deputy – Willie Whitelaw – and famously said ‘every Prime Minister needs a Willie”.

So what makes a Manager/Deputy relationship successful? Where a Manager is a particularly strong character, the Deputy may need to accept a lower key role in order for the relationship to thrive. Recognising when to take a back seat may actually be a valued attribute, leading to a Manager to appreciate a Deputy who has the intuition to know when to step back. A deputy may need to accept that they are unlikely to be recognised in public for all of their work. After all, can you name the people that stand in for Alan Sugar, Duncan Bannatyne or Bill Gates when they are on holiday? A Deputy will often need to support the Manager even when they disagree. It’s often necessary to present a united front, and a Deputy will need to accept that the Managers views take precedence. This doesn’t mean a Deputy just sits back and accepts a bad decision, they should state their opinion and point out where a Manager may be going wrong. But the final decision normally rests with the Manager.

At the same time, a Manager will need to recognise that the Deputy will have their own agenda. There’s always a danger that the Deputy will try to upstage the Manager at some point, in order to further their career. For example, Blair has revealed that Brown threatened to instigate an internal Labour inquiry into cash for honours allegations unless proposed changes to pension’s policies were dropped. Gordon Brown has always been known as ambitious, and it was inevitable that at some point he would want the top job.

Key to managing this may be to ensure the Deputy is achieving some recognition for their work, and is able to identify a career path for themselves. Not all Deputies will go on to get the Managers job, and they should be clear about what they are trying to achieve. A Deputy may not necessarily want a promotion, but most will want to gain some career development opportunities.

The two must get on well to some degree. Even if they don’t enjoying socialising together, or even to discuss other interests, there must normally be a good working relationship. Tony Blair does admit that Gordon Brown was the best person for the job. Praising Gordon Brown for his political calculation and analytical skills, Tony Blair conceded that at the time, Brown was the best Chancellor for the country. David Blunkett (Former Home Secretary) has stated that “the two of them working together at their best were a phenomenal force for good”.

The ability to recognise the strengths and weaknesses of each, and a willingness to support or compensate for these will inevitably lead to increased productivity. Tony Blair has revealed his opinion that Gordon Brown lacked emotional intelligence but had excellent analytical skills. A good Manager would recognise this, and use good points to their advantage whilst ensuring they step in where skills are lacking.

It isn’t easy to list specific requirements of a good Manager/Deputy relationship. A lot will depend on the job to be carried out, and the nature of the personalities involved.