ACCIDENT AND INJURY STATISTICS

HSE figures identify that there were 171 fatal injuries in the year to March 2011, up from 147 in the previous 12 months.

Experts are worried that cutting back on training and maintenance during the recession could be partly responsible for the rise and the Institution of Occupational Health and Safety (IOSH) warning that ongoing “belt-tightening” could be causing the rise in deaths at work.


Construction and agricultural industries report the highest levels of work-related injuries, with disproportionately high numbers of incidents, however the figures show a continued fall in the number of people injured at work.

These were:

• Just over 90,000 injuries serious enough to keep people off work for four or more days - a rate of 363.1 injuries per 100,000 workers - down from the 96,427 the previous year.
• A rate of 99 major injuries per 100,000 workers, such as amputations, fractures and burns, also down slightly from the previous year.
• An estimated 1.2 million people said they were suffering from an illness caused or made worse by their work, down from 1.3 million in 2009/10.
• The total injuries and ill-health resulted in 26.4m working days being lost which equates to an average of 15 days per case, 22.1m of which were ill-health and 4.4m of which were injury related.

Experts are concerned that this could be a delayed knock-on effect of recession and belt-tightening resulting in the cutting back on training and maintenance.


Has or will your business be affected by these issues? Empire welcome all feedback and comments. Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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BAN ON SMOKING IN CARS

The British Medical Association is calling for the ban on smoking in public places to be extended across the UK to protect people from second-hand smoke in cars after reviewing evidence of the dangers.

It has highlighted research results which demonstrate the toxins levels in a car can be up to 23 times higher than in a smoky bar.

Nowhere in the UK has implemented this extended ban although ministers in Northern Ireland are planning to launch a consultation on the issue and Wales has begun a public awareness campaign to highlight the dangers of smoking in cars with a plan to introduce a ban if the campaign does not succeed. Neither England or Scotland are currently considering introducing legislation at the moment.

Reclaiming health and safety
Lord Löfstedt’s report ‘Reclaiming health and safety for all - An independent review of health and safety legislation’, was published on 28 November. His review of the fitness of the 17 acts and 200 regulations as part of the Department for Work and Pensions document, Good Health and Safety, Good for Everyone concludes the UK’s health and safety law framework is broadly sound but he says the problem “lies less with the regulations themselves and more with the way they are interpreted and applied”.

A welcome recommendation is that that the HSE should provide more guidance for business on what constitutes reasonably practicable safety and the report makes further recommendations relating to four regulations relating to tower cranes and celluloid cinema.

As a result the HSE will begin work to amend the 53 Approved Codes of Practice (ACoPS) to reduce their complexity and will highlight the main changes necessary by June 2012.

The wider recommendation on consolidation of safety law is for the HSE to commission research by January 2012 to help decide if the core set of health and safety regulations could be consolidated in such a way that would provide clarity and savings for businesses. An agreed new ‘Challenge Panel’ will be set up for businesses wishing to challenge enforcement decisions they believe are not proportionate.

Work at Height Regulations
The review also recommends reviews of Work at Height Regulations in relation to the current inclusion of stepladders and permanent workplaces and seeks clarity in the requirement to organise portable appliance testing for electrical equipment in the workplace under the Electricity at Work Regulations. There are further proposals to remove the requirement for self-employed persons in low-risk occupations whose activities pose no risk to others to comply with health and safety legislation.

Judith Hackitt, HSE chair, has stated “Poor regulation - that which adds unnecessary bureaucracy with no real benefits - drives out confidence in good regulation. We welcome these reforms because they are good for workers and employers but also for the significant contribution they will make to restoring the rightful reputation of real health and safety.”

How do you think your business will be affected by these issues? Empire welcome all feedback and comments. Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts.

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WHEN IS A CHRISTMAS GIFT REALLY A BRIBE?

At this time of year, businesses usually take the opportunity to thank their clients and suppliers by sending them a gift, or in the hope of retaining or acquiring some extra business in the future.

If you are in the habit of sending Corporate Christmas gifts, will you fall foul of the Bribery Act this year? And what are the potential implications for sending them?


The Bribery Act came into force on 1st July 2011 and was introduced to prevent corruption in foreign business deals involving UK firms, covering the key areas of:

1. Bribing another person
2. Taking a bribe
3. Bribery of foreign public officials
4. Failure to prevent bribery (corporate offence)

Under the Act, gifts must be reasonable and proportionate and not intended to put the recipient under any pressure in terms of business. Mouse mats, modest Christmas lunches attended by the hosts and even Kindle electronic readers should pass the “corruption smell test”, however, a case of Champagne or an invitation to a sporting event where the host is not present, could be picked up as well as anything delivered to a person’s home address.

Christmas gifts are more likely to be considered bribes because they do not normally involve any interaction with the sender.

In light of the criminal sanctions for breach of the Act, and the adverse PR, it would be advisable for companies to use the new year to give their internal procedures and relationships with third parties a thorough review (if you haven’t done so already) so as to steer clear of any difficulties.

Ignoring the Act could have major implications, with the maximum penalty for individuals found guilty of an offence of bribery being up to 10 years’ imprisonment, a fine, or both and the maximum penalty for corporate organisations, an unlimited fine.

With the first prosecution taking place (3 years in jail!), organisations will have some defence if they can demonstrate that they have ‘adequate procedures’ in place to prevent bribery. Adopting a robust policy will ensure this, as doing nothing could still mean jail for the directors concerned.

If you would like any guidance or help with drafting a Bribery policy, Empire will be able to assist.

Empire welcome all feedback and comments. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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How to avoid indirect discrimination this Christmas...

In our last blog post we highlighted the challenges of Christmas parties and issues that might arise between employers and their employees. There are additional issues that are also worth being aware of at this time of year.


Companies who keep their offices open over the festive period may have to deal with conflicting holiday requests, and with the economy still having an impact on many, those looking to scrap Christmas bonuses will have to be cautious about how they do it so they avoid costly tribunal claims.


HOLIDAY ENTITLEMENT
Over the festive period, or at any other time, employees do not automatically have the right to take their holiday entitlement without your agreement. If you do set restrictions on when holiday can be taken, bear in mind the need to avoid indirect discrimination and ensure that you do not make decisions based on employees’ race, sex, etc., or by way of ‘favouritism’.

The most reasonable approach is to make a decision based on who worked the time last year. If you operate on a first come, first served basis, this may prejudice the less organised members of your staff (which, while not unlawful, is not positive in terms of employee relations).


If the office has to close over the Christmas period, explain clearly to all staff the benefits to the business of closing over this period which are not related to the religious period e.g. that it is financially sensible to close. If there is no business requirement to shut over Christmas, consider allowing employees to take their annual leave at other times of the year.

Employees also do not have an automatic right to carry over any outstanding leave into the following leave year. If you have holiday entitlement more generous than the statutory minimum of 28 days, you may allow your employees to carry over some of their untaken days, however, this should be set out in the contract of employment. You are not allowed to exchange any untaken statutory holiday entitlement for pay.

If you have an employee who is absent due to illness, they are entitled to accrue statutory paid holiday (and possibly contractual) holiday while off work. When they return, they can ask to take this holiday before the end of the leave year or carry it over into the following leave year. Female employees on maternity leave, and working parents on paternity and/or adoption leave, will also have the same rights.

If you need further advice on sick and/or annual leave, you can contact Empire.

CHRISTMAS BONUSES
With a challenging year for most UK businesses, some may find themselves reducing or not paying a Christmas bonus this year.

When deciding, you should initially establish whether or not your employees have a contractual right to be paid one. If their contract states that he or she has a right to a bonus, at a defined amount, you will be in breach of contract if you do not pay one. If the contract specifies that the bonus is only payable at your discretion, then there is greater scope for avoiding or reducing the payment. However, you may still face an argument that there is an implied contractual right to a payment which would normally be down to any established custom and practice.

If the payment of a Christmas bonus is contractual, in addition to a breach of contract claim, an employee can choose to resign due to the non-payment of a bonus and claim constructive dismissal for an alleged breach of contract and mutual trust and confidence. However, unless the bonus is particularly huge, the risk in the current economic climate is fairly low.

Finally, if you choose to withhold or reduce your bonus, or pay them indiscriminately, you may face an equal pay or a discrimination claim under the Equality Act 2010. This is a particular concern to employers given the uncapped nature of discrimination awards. Remember to include any employees on leave, e.g. maternity or sick leave.

Communication, consistency and caution are key to ensure your reasons for not paying a bonus are clear to avoid defending an employment tribunal claim.

Top tips:

• Speak to the workforce and justify the reasons why bonuses are not being paid, or are only being paid to certain staff (avoiding any potential discrimination)
• Review contracts to determine whether or not employees have a contractual right to a Christmas bonus
• Understand that the payment of previous Christmas bonuses may provide the employee with a contractual entitlement to continue to receive one

Empire welcome all feedback and comments and would be happy to discuss any issues that you may feel will impact your business. Please visit our facebook page where we regularly hold discussions relating to the topics covered in our blog posts.  

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CHRISTMAS PARTIES AND THE CONSEQUENCES

Welcome to a bumper edition of the Empire blog, the last one for 2011! This edition provides some useful tips on how to get through office Christmas party season.

In the our next blog post we will explore issues concerning opening hours over the festive period and how to deal with conflicting holiday requests. we will also highlight the possible consequences to those looking to scrap Christmas bonuses. Look out for this post coming in the next few days. For now we would like to discuss the consequences of Christmas Parties

CHRISTMAS PARTIES AND THE CONSEQUENCES
Office parties can be a challenge for some businesses, with many having to decide how they ensure their employees behave appropriately and/or how they deal with staff who turn up late the morning after.

As the Christmas season approaches, many employees look forward to their office ‘Christmas do’, as it is an opportunity for them to let their hair down. However, it comes with the risk that if things do get out of hand there can be consequences that impact on the employment relationship. Employers should consider implementing some ‘rules’ for members of staff about the behaviour expected. With increasing pressure at work, there is the risk that people may drink too much and do something they might regret in the morning or which the employer could be held responsible for.

According to a survey from the Chartered Institute for Personnel and Development (CIPD), 46 per cent said disciplinary action had been taken for unorthodox use of the office photocopier, amorous activity on company premises or insulting the boss. Of the 2,000 staff surveyed, 29 per cent said action had been taken for fighting, 17 per cent for sexual harassment and 12 per cent for bullying.

With this in mind, it is worth taking into consideration the following points:

INAPPROPRIATE BEHAVIOUR
A survey by Contact Law revealed that 28% of people have been on the receiving end of unwelcome advances from a co-worker at the office Christmas party. Of these, 15% were advances made by a boss or senior colleague. This could place companies in an extremely precarious legal position, especially if the incidents lead to an official complaint about inappropriate behaviour.But it’s not just senior members of staff who need to be on their best behaviour. The survey also found that 18% of those polled have made an inappropriate comment to their boss after a few festive drinks. With this in mind, it is not surprising that one-in-ten said that they have considered not attending the Christmas party in case they embarrass themselves in front of colleagues.

DISCIPLINE
Employees may assume that their conduct outside of work hours is nothing to do with their employer, but with the office Christmas party often viewed as an extension to the workplace, any misconduct out of work could lead to disciplinary action.

An employee’s behaviour can affect your reputation and although a venue is not going to expect the same level of etiquette as a business meeting, if there is trouble or damage caused, the employer could face a hefty bill or be barred. The employer is then probably going to want to investigate and take the appropriate disciplinary action. Where misconduct has occurred at a Christmas do, the normal requirements to carry out a fair disciplinary process still apply.

GRIEVANCE
Misbehaviour at a ‘Christmas do’ might prompt a grievance by one employee against another as the risks of a complaint about sexual harassment or violent conduct is heightened in an alcohol fuelled environment. Not only might the employer face the need to investigate, but they might have to deal with resulting sickness absence and possibly even a claim of sex discrimination or constructive dismissal.

ABSENTEEISM
Whether the employee has attended the works ‘Christmas do’ or another seasonal celebration, an employer with a number of employees off the next day, due to overindulgence, may face difficulties which they wanted to avoid.

The employer should address absence issues and manage employees who come to work a bit frail, following a ‘heavy’ night. Just because it is holiday season you should not avoid dealing with employees who are not fit for work. Presenteeism at work is estimated to cost businesses more than absenteeism!

HARASSMENT AND DISCRIMINATION
The risk of harassment occurring almost certainly increases when colleagues are drinking. Harassment is defined broadly as any unwanted conduct that has the purpose or effect of violating dignity or creating a hostile or intimidating environment, where the conduct occurs on the grounds of sex, race, disability, sexual orientation, religion, age or belief. Even one relatively minor comment may amount to unlawful harassment. If decorating the office, you may want to use seasonal decorations rather than religious ones, i.e. tinsel instead of a nativity scene and using seasonal rather than religious Christmas cards.

Other forms of discrimination are less obvious. Third-party harassment may be relevant if, for example, clients or suppliers are also invited to the party. You should consider and cater to the needs of everyone who will be attending which could include ensuring that there is food that meets employees’ religious and cultural requirements and sufficient non-alcoholic drinks, and considering any physical assistance or adjustments for disabled staff.


HEALTH & SAFETY
As with most health and safety issues, assessment of the risk before the event is essential: both to reduce the risk of accidents or injuries and to help defend a claim should anything happen. It may be sensible to have one or more nominated managers who are not drinking alcohol, to keep an eye out for any unacceptable or potentially dangerous behaviour. You may also want to limit the amount of alcohol available or at least limit the free bar, and give some thought to how your staff get home safely.

To ensure your Christmas decorations are not breaching health and safety rules, you should carry out a proper risk assessment looking at where and how decorations are sited, particularly those that could pose a potential fire hazard. It would also be wise to check your insurance to ensure you are covered if any damage is caused by untested electrical equipment. So make sure you switch off the tree lights before going home!

CRIMINAL OFFENCES AND DRUGS
It is an offence for an employer to knowingly permit or even to ignore the use, production or supply of any controlled drugs taking place on their premises. In addition, drink driving may also damage your reputation or undermine trust and confidence and in these cases you may well be justified in taking disciplinary action against the employee.

With an organisation likely to have the same legal responsibilities for what happens during the Christmas party as it does during normal working hours, planning and clear communication will ensure any concerns are minimised or avoided altogether.

It would be sensible, before the festivities begin, to remind staff of the level of behaviour that is acceptable, without becoming too much of a spoilsport.

Empire HR would like to wish all our readers a very merry Christmas and happy New Year! We also hope everyone enjoys the festive period. Look out for the next Empire post. If you have any questions or queries relating to any of the issues covers we welcome all feedback and comments.

Please visit our Facebook page where we regularly hold discussions relating to the topics covered in our blog posts

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