Spooky halloween tips from Empire HR

Halloween celebrations are increasing in popularity in the UK, with many businesses planning office based Halloween themed parties.

These spooky parties are viewed as a bit of fun by most and managers often embrace the opportunity to participate in a bit of team building entertainment.

Whilst team building events are a good thing, it is important to bear in mind the potential pitfalls associated with Halloween celebrations.

Empire has provided some tips on how to prevent trouble brewing at work:

Stick to scary, not garish!

Think carefully about the dress code. If fancy dress is in order, consider making it clear that outfits shouldn't be revealing or inappropriate. Is a skimpy Tarzan outfit really suitable for an office Halloween party? After all, you don't want people to be scared for the wrong reasons! Some common sense is also required. Dressing up as the Grim Reaper isn't a good idea of you work in the medical profession!

Be eerie but not creepy!

Office parties are nutorious for resulting in gossip and unprofessional behaviour. It doesn't become acceptable to leer at ot harass colleagues just because you are wearing a pumpkin outfit. The last thing you want is to have to deal with complaints about colleagues the morning after the celebrations. Therefore, ensure all employees are aware that the office party is a bit of fun and not an opportunity to break the rules.

Ghost and ghouls are not loved by all!

Bear in mind that Halloween is actually quite a controversial celebration. Many people don't celebrate Halloween and some have strong opinions on the issue. It's important to respect the views of all employees and it should be made clear that participation in anything Halloween related is optional.Halloween parties may not be appropriate in some sectors such as childcare due to the scaryt nature of the celebrations and the possibility thats some parents will not want their children to participate.

Keep the drinks chilled

If the celebrations are office based and/or take place in working time, consider whether alcoholic drinks are appropriate. If alcohol will be on offer, ensure your employees have arranged lifts or taxis home. Also remember than non alcoholic drinks should be made available too.

Delete frightening photos

Do you want photos on the internet of your employees dressed up as witches/ghosts/pumpkins with the Company logo in the background? If not, consider hosting the party out of the office, or ban the use of cameras. A surge in the use of social networking sites means there's a strong likelihood of less than professional photos being circulated to thousands of people.

No chainsaws allowed!

Consider the health and safety implications of the celebrations. Many Halloween themed costumes include plastic knives, fake blood and other similar fake weapons. Make sure tht no one brings a real weapon to accessorise their outfit!

Empire HR are recruiting

FULL TIME TELE SALES EXECUTIVE

Empire HR, Scotland's largest independent Employment Law Specialists are looking for a full time Tele Sales Executive to join their progressive sales team.

This is a fantastic opportunity for someone looking for a career in sales within a growing and forward thinking company.

Main Role
As Tele Sales Executive you will be responsible for carrying out market research to identify senior decision makers and introducing the company. You will also have an active role in marketing the company's services to existing and prospective clients.

Experience
Ideally you should have sales experience although full training will be provided.

Attitude/Skills
You should be bright, enthusiastic with a great telephone manner and have the drive to succeed.

This is a full time position based in Aberdeen. We offer a generous salary and commission structure along with an excellent benefits package. On top of that, there is an opportunity to progress to an Account Manager/Business Development role.


If you are interested in this exciting position please send your CV along with a covering letter to:

Cara Beamish
Business Development Manager

Empire HR Limited
Empire House
117 Grandholm Drive
Bridge of Don
Aberdeen
AB22 8AE

Closing Date: 12-Nov-2010

Health Questionnaires

Due to the large amounts of phone calls this month relating the health questionnaires we have decided to provide some information on the topic.

The Equality Bill generally prohibits the use of pre-employment questionnaires, although there are some exceptions. These are set out in Section 60(6) of the Bill. Amongst the 5 exceptions is:

S(60)(6)(b) establishing whether the applicant will be able to carry out a function that is intrinsic to the work concerned.

This exception is the one that is likely to have most relevance for employers but it is a narrow exception.

Therefore, I would only advise the use of a pre employment questionnaire intended to fall within this exception where:

1) There is a genuine requirement for the employee to carry out a task of a physical nature.

It would not normally be appropriate to use a questionnaire where the work is office based, or where there are no tasks that are particularly physical. The first stage in considering the use of the questionnaire is to establish what the requirement is (e.g. heavy lifting, running, 20/20 eyesight etc). There should be some evidence that this requirement is genuine, and not simply a speculative requirement.

2)That task requiring the physical work is essential to carry out the job.

If the task resulting in the requirement is not essential, or it could be assigned to a different employee, or is not required to be carried out very often, it would not normally be appropriate to use the questionnaire. For example, even if there is some physically demanding work involved, I would advise carefully considering whether the use of a questionnaire is appropriate if it is possible that they could do most of the job without carrying out the physical work. Therefore, after you have established what the requirement is, you need to consider how important it is that the applicant can fulfill it.

3) The requirement is a proportionate means of achieving the aim.

This means that it is important to carefully consider whether the requirement is the best way to achieve the task. For example, if you are stipulating that the applicant must have 20/20 vision due to the work being technical and intricate you would need to be sure that the requirement for 20/20 vision was proportionate - consider the consequences of an employee without perfect vision carrying out the task – if there would be no serious consequences the requirement for 20/20 vision is not likely to be a proportionate requirement.

4) The questions are designed to ascertain whether there may be a problem in carrying out the particular task.

Therefore, it would not be appropriate to ask questions that will not relate to the particular task in question. For example, it would not be advisable to ask a question about skin problems such as eczema if the task that the questionnaire related to is heavy lifting. This means that it would not normally be appropriate to have a standard format for the questionnaire asking a series of general questions. The questions should be relevant to the specific task necessitating a particular requirement that you have established as being a genuine requirement that is essential to carry out the job.

It is worth noting that any questions should be designed to ascertain current ability to carry out the task. Therefore, questions asking about past health issues are likely to fall foul of the Act. I would recommend steering clear of questions starting with ‘have you ever …..’ and replacing them with ‘do you …’

As a very simple example, the Act’s explanatory notes state that a questionnaire may be relevant where "An applicant applies for a job in a warehouse, which requires the manual lifting and handling of heavy items. As manual handling is a function which is intrinsic to the job, the employer is permitted to ask the applicant questions about his health to establish whether he is able to do the job (with reasonable adjustments for a disabled applicant, if required). The employer would not be permitted to ask the applicant other health questions until he or she offered the candidate a job."

When considering whether to use a pre-employment questionnaire it is worth bearing in mind that while asking an applicant health questions will not in itself amount to discrimination against a job applicant, acting on the answers may well do. Where an unsuccessful job applicant brings a direct disability discrimination claim, and the employer asked a pre employment health question for a non-prescribed reason, the burden of proof will shift automatically to the employer to show that no discrimination took place.

In addition, the EHRC will be able to take enforcement action in relation to prohibited questions even where no discrimination is alleged to have taken place.

This prohibition only relates to pre-employment questionnaires. Once an applicant has been offered a job, an employer can ask questions relating to health in order to ensure health & safety obligations are being met, that appropriate reasonable adjustments are met etc.

If you find that you still require more information or guidance on this matter please contact our advice helpline on 01224 701383.

Equality Act Reminder

The Equality Act 2010 came into effect at the beginning of this month.

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 that have come into effect as of 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!

Minimum Wage Reminder

At the beginning of October the rates of minimum wage in the UK increased.

The table below shows the up-to-date changes.

Rate	From 1 October 2010	From 1 October 2009
Workers aged 22 and over (minimum hourly rate)	£5.93	£5.80
Workers aged 18-21 and those aged 22 and over doing accredited training in the first six months of employment (minimum hourly rate)	£4.92	£4.83
Workers aged 16 and 17 (minimum hourly rate)	£3.64	£3.57
Apprentices under 19 or in the first year of apprenticeship (otherwise refer to age bands)	£2.50
Accommodation off-set (maximum deduction per day from NMW where employer provides accommodation)	£4.61	£4.51
Agricultural apprentices in England and Wales (first 12 months)	TBC	£3.57
Agricultural apprentices in Scotland (first 12 months)	TBC	£3.50