Empire HR

Hot of the press...

2012-01-30T08:36:00.002Z

Hot off the Press.....Launch of Equality Advisory and Support Service announced
The Government has confirmed that it is commissioning an Equality Advisory and Support Service to provide telephone-based and face-to-face support to individuals experiencing discrimination.

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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Key Employment Legislation : what you need to be aware of in 2012

2012-01-29T13:58:00.001Z

Let's just get down to it. Here are key Employment Legislation that you need to be aware of in 2012

1. The qualifying period for unfair dismissal protection increases
The biggest change to employment rights in 2012 will be the increase of the qualifying period for an employee to bring an unfair dismissal claim, which will double from one year to two years. The change will take effect on 6 April 2012. The increase in the qualifying period is intended to give employers and employees more time to resolve any difficulties and reduce the number of unfair dismissal claims.

2. Pensions auto-enrolment begins
From 1 October 2012, employers with 50 or more employees will have to enrol all eligible employees automatically and make compulsory employer contributions into a qualifying workplace pension scheme or the National Employment Savings Trust (Nest). The first wave of employers will be able to voluntarily start auto-enrolment as early as July 2012.

3. Changes to the employment tribunal procedure
The Government has announced a review of the Employment Tribunal Rules of Procedure, with significant changes expected to be introduced on 6 April 2012. Employment judges will hear unfair dismissal cases alone in the tribunal, unless they direct otherwise. The maximum amount of a deposit order, which a tribunal can order a party to pay as a condition to continuing with tribunal proceedings, will increase from £500 to £1,000. The maximum amount of a costs order, which a tribunal may award in favour of a legally represented party, will increase from £10,000 to £20,000.

4. Tribunal Fines
A proposal is being made to fine employers up to £5,000 (on top of damages) if they lose a tribunal case. The fine will be payable to the Exchequer and will be 50 per cent of the tribunal award, subject to a minimum of £100 and a maximum of £5,000. The proposed fine would not apply to employees, so it may be perceived as a revenue raising exercise, however, it could mean that even more cases are settled rather than going to a full hearing.

5. Statutory redundancy payments and guarantee payments increase
The maximum amount of a week’s pay used to calculate a statutory redundancy payment, and the basic and additional awards for unfair dismissal, increases from £400 to £430 on 1 February 2012. The maximum unfair dismissal compensatory award increases to £72,300; with the limit on the amount of a guarantee payment payable to an employee in respect of any day also increases from £22.20 to £23.50.

6. Maternity, paternity, adoption and sick pay increases
The Government has confirmed that the standard rate of statutory maternity, paternity and adoption pay will increase from £128.73 to £135.45 per week from 1 April 2012. Statutory sick pay will increase from £81.60 to £85.85 per week from 6 April 2012.

7. Watch this space...
With consultations taking place for the introduction of employment tribunal fees, plans for the introduction of “protected conversations”, and calls for evidence over whether or not the law on TUPE and collective redundancy consultation should be amended, there will be a significant number of legal developments in the pipe- line this year. The Government has also announced that it will consult on reforming the law on employment disputes and removing the third-party harassment provisions of the Equality Act 2010, alongside a proposal to amend the existing Working Time legislation around carrying over holiday entitlement.

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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NEW YEAR RESOLUTIONS

2012-01-27T15:34:00.001Z

It’s that time of year again, when some people resolve to start the year with a new sense of purpose. However, as time goes by, resolutions often fall by the wayside and we submit to the pull of the comfortable and familiar. Businesses should be no different.

January brings with it an opportunity for you to look back at the previous 12 months acknowledging your achievements and addressing opportunities. Use the time wisely to plan for 2012, reviewing and setting objectives for the coming year and to help you kick-start the process, here are some areas that you may want to consider:

Policies and Procedures
When were yours last updated? With never ending employment legislation coming through, your requirements may have changed and your policies should be reviewed on a regular basis. Do any of the recent changes affect you? Do you have a policy in place to cover the new legislation? Now is the time to review them.

Social Media
It’s everywhere, and as much as some of us may want to ignore it, you can’t overlook the potential impact on your business. For example, the more content you have on your Facebook page, the more likely you are to appear on top of search results. Is your company getting the maximum benefits from social media? What are your employees saying about your company via social media? Do you have a policy regarding the use of social media? Do you monitor social media to see what is being posted about the company? What liabilities need to be considered? This area continually evolves on a phenomenal basis and you may choose to ignore it at your peril....

Workplace Harassment
This past year seemed to bring a rise in Workplace Harassment issues with companies seeing an increase in harassment and discrimination complaints. Whether your company experienced this or not, it is important to evaluate whether you are in a position to deal with any potential issues that arise. Do you have a Harassment policy? When was it last updated? Has it been communicated to employees recently? When was the training conducted? So many companies think that these issues don’t happen to them, until they do. Taking positive steps will raise awareness amongst your employees and foster a positive work environment.

Training and Development
What does your training budget look like for next year? For many businesses, this is one of the first areas to be cut. As the economy stabilises, employees may be more inclined to change jobs. What are you doing to retain your talent? And with all the employment legislation coming through, are your managers prepared to deal with it confidently? There has never been a more important time to show your commitment to employees, by offering opportunities for learning and growth, before they head out the door.

Recognition
While the past few years have been tough on business, it has also been tough on employees, with more being asked of them as businesses have tightened their belts. How have you shown that you recognise and appreciate your employees? Budgets may still be tight but the New Year may be an opportunity to get creative by showing them how much they are valued.

HR Audit
Whatever you decide, identifying a strategic plan for the year ahead, or conducting a full HR Audit (something we can help you with), could help to ensure that some or all of your resolutions are met. Either way, it could be a New Year and a clean slate.

Finally, here is one New Year’s resolution that Empire will be able to make and keep: we will commit to providing the high-level level of support and advice to our clients throughout 2012, so should you require help with updating your policies and procedures, need advice on specific issues or assistance in the areas of Training or Health & Safety, do get in touch.

What New Year resolutions has your business undertaken this year? How important do you think the issues that we have outlined are to your business? 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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ACCIDENT AND INJURY STATISTICS

2011-12-23T18:33:00.001Z

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

2011-12-21T08:36:00.001Z

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?

2011-12-18T19:57:00.001Z

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...

2011-12-16T08:32:00.003Z

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

2011-12-15T08:28:00.001Z

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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HR Case Study Law Updates

2011-11-25T13:01:00.000Z

Human Resource: HR Case Study Law Updates

The case of Adams and another V Harwich International Port Ltd ET/1503084/10 has confirmed that employees who are off sick over the start/finish of an annual leave year are entitled to carry all of their accrued leave to the following annual leave year. It was previously thought that this rule would only apply to the 4 weeks of holidays granted by the European Directive relating to holidays, but the case confirmed that it also applies to the additional 1.6 weeks granted by the UK Government via the Working Time Regulations.

The case of Williams and others v British Airways Plc has clarified that holiday pay should include supplementary payments and allowances, not just basic pay.

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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Health & Safety and Human Resources

2011-11-23T12:30:00.000Z

Human Resources: Flexible working not a burden on employees

The latest statistics released by the CIPD reveals that only 10 tribunal claims relating to the right to work flexible working were successful in 2010/11. Although 277 claims were placed, only 48 reached the tribunal stage and of those, just 10 were won by the employee.

This appears to demonstrate that flexible working legislation has been successfully implemented without imposing an excessive burden on businesses. This is likely to encourage those campaigning to extend the right to work flexibly to all employees.

Health & Safety: The cost of not separating transport from pedestrians

Separation of pedestrians and forklift trucks could have prevented a serious industrial accident when a 61-year old employee had both his ankles and lower legs broken by a fork lift truck reversing into him at Verplas Ltd’s Dorset site.

The company pleaded guilty to breaching S.2(1) of the Health and Safety at Work etc. Act 1974 at Bournemouth Magistrates’ Court and was fined £10,000 with costs of £2,407

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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SPEAK UP STAY SAFE & EXPLOSIVE DISCIPLINARY ACTION

2011-11-21T12:30:00.001Z

Speak up Stay Safe Campaign

"Every 40 minutes in the UK a young person is seriously injured in the workplace. We think this position is wholly unacceptable. By highlighting to young people that they need to be aware of their environment and speak up if they feel unsafe we hope to significantly reduce this number" states Julie Nerney, chief executive of the British Safety Council.

Young workers, those under the age of 18 years, are considered in law to be at risk due to lack of experience and maturity. Good role models, a positive safety culture, training and supervision are key issues in the successful mentoring and a young workers development so this ongoing campaign will be of interest to those employing or working with under 18’s.

The Speak Up Stay Safe campaign supports and encourages young people to feel confident talking to their work supervisor, parent, teacher or friends if they feel that they are in an unsafe situation. Tips and advice for young people, teachers, parents and employers is available on www.speakupstaysafe.co.uk, HSE website, Facebook and other mediums. Visit the website with a young worker as part of your risk assessment action plan.

Explosive disciplinary action?

An employee that made a ‘technical error’ is likely to be facing explosive disciplinary action this week after a firework display scheduled to take 20 minutes lasted just one minute. The technical error meant that rather than a series of colourful explosions, spectators were surprised by £6000 worth of fireworks within a minute! Spectators were disappointed with the short display but some described the show as “brilliant” and the sky ‘like daylight’!

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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CALL TO SCRAP UNFAIR DISMISSAL

2011-11-18T12:30:00.004Z

A report commissioned by David Cameron has recommended the scrapping of unfair dismissal rights for those who are unproductive at work.

The report states that many businesses are forced to keep employees because it’s too difficult to dismiss them, meaning that employees often ‘coast’ their way through employment. It also asserts that many businesses are reluctant to take on new employees; for fear that they will not be able to dismiss the employee if they are unproductive.

The report was written by Adrian Beecroft, a venture capitalist and Conservative Party donor, who argues that unproductive employees should be replaced by more capable people thus facilitating economic growth. The reality is that the scrapping of unfair dismissal rights is very unlikely, but the report does indicate that the Government is keen to listen to the business community.

This report follows recent announcements that the length of service an employee must have before they can place an unfair dismissal claim is to be increased from 1 year to 2 years, and that tribunal fees will be introduced in an effort to deter vexatious claimants.

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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GAS SAFETY - HAVE YOU ASSESSED YOUR CONTRACTORS?

2011-11-16T12:30:00.002Z

A man claiming to be a registered gas engineer from Accrington has received a two year prison for endangering people’s lives at two properties in Lancashire. The Health and Safety Executive successfully prosecuted for six offences, after his work was classified as being ‘immediately dangerous’. It was reported that Burnley Crown Court heard the 35-year-old’s actions had put residents at risk of being killed or seriously injured in a gas explosion or from carbon monoxide poisoning.

Mr Jonathan had falsely claimed he was a registered gas engineer when he installed a new boiler at a community nurse’s home on Willows Lane in Accrington on 22 October 2010. Unbeknown to the occupiers the boiler was left operating dangerously. He then failed to return to fix continuing problems and it was then reported to the manufacturer as being faulty who sent an engineer to repair the boiler. The engineer classified the installation as being ‘immediately dangerous’, and disconnected it from the gas supply straight away and Mr Jonathon’s work was reported to Gas Safe Register, which holds the official list of legal and safe gas engineers. The HSE carried out an investigation and found other work he had carried out in the area to also be dangerous.

The defendant pleaded guilty and was sentenced to 24 months in prison at Burnley Crown Court. Paul Johnston, Chief Executive of Gas Safe Register stated “Gas fitters working unregistered like Stephen Jonathan are far more common than you think - we estimate they’re doing 250,000 illegal jobs each year, causing fires, explosions, gas leaks, carbon monoxide poisoning and leaving people out of pocket.

“All gas engineers have to be Gas Safe registered - it’s the law. Our message to everyone is clear - check the engineer’s Gas Safe Register ID card before letting them work on gas.”

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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ARE YOU READY FOR WINTER?

2011-11-15T10:49:00.000Z

The Scottish Government has announced a partnership with the The British Red Cross, with the aim of encouraging businesses and the general public to prepare for another harsh winter.

The National Public Awareness campaign was launched on 24th October in response to research showing that most people did not feel prepared for a severe weather induced emergency.

The campaign focuses on steps people can take to ensure they are able to cope when severe weather hits. Businesses are also being urged to prepare by taking ‘simple but sensible’ steps.

Scottish businesses have been forced to deal with several harsh winters in recent years, and will therefore be all too familiar with the challenges that severe weather can bring.

Empire is urging businesses to prepare early this year, particularly in view of the early arrival of snow last year. Several weather forecasters are predicting another early arrival of severe weather this year.

Top ten tips from Empire are:

1. Consider offering your employees a free flu jab. This should help minimise absences over the winter period.

2. Draw up a contingency plan detailing how key roles will be covered if the usual post holder is unable to attend work due to the weather or illness.

3. Circulate an up to date and clear winter weather policy. This should detail whether employees will be expected to make up their hours at a later date, take the time off as unpaid leave, or take the time off as annual leave. The policy should be tailored to suit the needs of your business, as well as take the circumstances of employees into account.

4. Make arrangements for key employees to work from home if they are unable to get into the office. For example, you may need to ensure they can access their emails from home, are contactable, and have the equipment they need to work at home.

5. Consider the needs of those with children and other dependants. School closures often leave employees unexpectedly unable to attend work - with very little notice. Ensure that this group of employees know how to keep the business up to date and aware of their childcare predicaments.

6. Ensure you have a good absence reporting procedure. All employees should be made aware of who to contact if they are unable to get into work. The policy should stipulate the time they need to make contact by, and how regularly to provide updates in relation to their attempts to get in.

7. Carry out full risk assessments. Even slippery car parks need to be considered! Those with health conditions may need extra support.

8. Be consistent but fair with those who have been unable to get into work. Those who have made little real effort to get to work could be subject to disciplinary action, but those who live in remote areas may need to be given more leeway than those who live within walking distance of the office. It’s important to take all relevant factors into consideration when deciding whether disciplinary action is appropriate.

9. Keep air travel to a minimum where snow is forecast. This will help prevent the cancellation of meetings at the last minute due to delayed flights caused by the weather.

10. Where your employees are required to drive at work, ensure the vehicle is equipped for snow. Are the tyre pressures correct? Is there plenty of water? Are oil levels good? Do they have a supply of deicer?

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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TALENTED FOOTBALLER OR REBELLIOUS EMPLOYEE?

2011-11-03T15:17:00.002Z

Tevez’s refusal to play during the Manchester City v Bayern Munich game in September has brought a key issue to the forefront of the entire footballing industry. Who is in charge? A Manager or a player?
Tevez refused to play in the Champions League game despite being requested to do so by City boss Roberto Mancini. Tevez was on the bench, had warmed up, and was ready to play. The refusal has infuriated fans, particularly since there was still time for the team to turn around the eventual 2-0 score. Many will blame Tevez personally for the poor result.

After all, isn’t playing football a pretty basic task for a professional footballer? What are they paid for if they don’t play football?

Footballers as Special category of employees
Most fans will believe that if footballers don’t play, they don’t get paid. However, the reality is that professional football players are employees. The enviable salaries paid to top footballers may give the impression that they are a ‘special’ or ‘exceptional’ category of employee, but the fact remains that Football Clubs are employers and they are just as susceptible to tribunal claims as any other business in the UK.

So what options will the Club have? Can they simply terminate Tevez’s contract? The quick answer is yes, but that would risk an expensive tribunal claim. Terminating the contract without following the full disciplinary procedure would probably result in Tevez placing a claim for unfair dismissal and any compensation awarded would be increased by up to 25% simply because the procedure wasn’t followed.

Tevez to be Suspended?
The safest option is to follow the procedure. This means suspending the player (on full pay) pending an investigation. The purpose of the investigation is to establish all of the facts before deciding whether to take formal action. Tevez has been suspended so it would appear that the Club has sought legal/HR advice on the best way to resolve this.

Depending on the outcome of the investigation, disciplinary action will follow. Having to follow the procedure may infuriate fans who believe the footballer has behaved unprofessionally and does not deserve to keep his job, but businesses throughout the UK have to go through this process when employees refuse to carry out their job, and a football club is no different.

Managers and employees often disagree, and the vast numbers of tribunal claims are testament to that. The issue here is whether a professional footballer can refuse to play, even when directly instructed to do so during an important game. Football fans will undoubtedly say no.

What do you think? We welcome any comments about any of the issues raised in the post. Please join our Facebook page where we hold discussions regarding issues on Human Resources and Health & Safety within businesses.

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X-Factor bullying accusations – would it be acceptable in the workplace?

2011-10-28T14:49:00.000+01:00

Fans of X-Factor’s contestant Misha B will have been outraged at Louis Walsh and Tulisa’s accusations of backstage bullying, and whilst the contestants are not employees, it does raise questions about dealing with bullying in the workplace.

The claims were made live on air following Misha B’s performance on last weekend’s show. The two judges accused her of being mean to fellow contestants and said she needed to ‘put aside the attitude.’ Louis added that one of his contestants had complained of being bullied.

The other two judges, Gary Barlow and Kelly Rowland, defended the singer, and Louis was later forced to apologise for using the word ‘bully.’

The confrontation made for uncomfortable viewing, but highlighted the importance of dealing correctly with such issues in the workplace. We would urge businesses to think carefully about tackling bullying among employees and about the consequences of failing to deal with such issues.

Tribunal?
Being subject to bullying at work is not enough to raise a tribunal claim on its own, but employees can place a claim where an employer has failed to deal with it properly. Most commonly, the bullying will fall within the scope of discrimination laws. Bullying is also very similar to harassment, which is covered by separate legislation. Ultimately, an employee who is subjected to bullying may resign and claim constructive dismissal.

Our CEO, Steve Cook (pictured), said: “When you consider the negative impact a bully can have on a team in terms of low morale, high staff turnover, and loss of productivity, it makes good businesses sense to prevent bullying and deal with it effectively if it does occur.

“Unless a formal complaint or a serious incident has occurred, the issue may be tackled informally in the first instance. Perhaps the bully is unaware of how their behaviour is perceived by others, and doesn’t realise their behaviour amounts to bullying; therefore, a confidential discussion can help nip the problem in the bud before it escalates.”

However, where there is a pattern of worrying behaviour, a formal complaint is raised, or there is a serious incident, it will be more appropriate to instigate the formal disciplinary procedure. The allegation should be investigated in full, which will normally mean obtaining statements from witnesses and victims of bullying before taking formal action.

Following a disciplinary meeting, the employee accused of bullying can be issued with a written warning, final written warning, or even be dismissed depending on the nature of the allegation and the circumstances of the case. Where there is insufficient evidence to justify a formal sanction, or where parties are keen to resolve the issue informally, mediation between the bully and victim may be beneficial.

Duty of care
It is important to remember that all employers have a duty to take care of their employees, and action may need to be taken even when a victim is reluctant or refuses to participate in proceedings.”

The HR and health and safety firm says that those who believe bullying is not a serious issue should take note of a recent case where BT was forced to pay out £290,000 to an employee due to the behaviour of a manager who was openly homophobic, racist and sexist. The tribunal criticised BT for not dealing with the manager properly, and allowing his behaviour to continue unchecked.

Ultimately, in any case of workplace bullying it would be unacceptable to follow X-Factor Tulisa and Louis Walsh’s example by broaching the subject in front of an audience!

Do you agree with how the bullying accusations were dealt with by Louis and Tulisa? Has your organisation had to deal with bullying accusations in the past? We welcome any questions or comments and encourage you to get in touch if you are unsure or have any comments to make regarding this matter. Please follow us on Facebook where we often have discussions about topics involving issues relating to Human Resources.

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How will your business be affected?

2011-10-21T11:27:00.002+01:00

CAP ON DISCRIMINATION PARLIAMENTARY DEBATE
A Private Members Bill that proposes to introduce a cap on the amount of compensation awarded to successful discrimination claimants had its second reading recently in Parliament. Compensation awards in discrimination claims are currently uncapped, which many business leaders feel has led to a ‘have a go’ compensation culture.

There is no qualifying period of service for employees who place a discrimination claim, which often leaves a discrimination claim the only possible option for those who feel they have been unfairly dismissed. Compensation for unfair dismissal is currently capped at £68,400 and employees need 1 year’s continuous service with an employers before they can place a claim, which leaves a discrimination claim not only an attractive option, but also the only option for many.

The chances of the Bill actually surviving the Parliamentary process are slim since it is likely to clash with the UK Directive on Equal Treatment. However, this is an indication that MPs are recognising that the fear of a discrimination claim is having a very real and negative effect on businesses in the UK.

STRIKES ARE IMMINENT
Unions have confirmed a national ‘day of action’ on 30th November, to be held in protest against Government proposals to increase the pension contributions of those working in the public sector. Unison, Unite, the Fire Brigades Union, and the GMB are balloting members with a view to taking co-ordinated action. Expected to be the biggest co-ordinated trade union action in a generation, the ‘day of action’ is expected to include strike action, rallies, and other similar events.

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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TEENAGER LOSES FINGERS

2011-10-17T16:20:00.002+01:00

An eighteen year old machinist, who worked with lathes, grinding and milling machines, lost half his index finger, most of his middle finger, and both his ring and little finger of his left hand while he was was changing a cutter on a milling machine. He accidentally switched the machine on while the cutter was still in his hand but despite attempts, surgery failed to re-attach the fingers.

The HSE told the court the system of work for changing cutters was not safe and risks from operating the mill- ing machine and changing cutters had not been adequately assessed. Their investigation also concluded that there was insufficient guarding around the machine to protect body parts during its operation and also found interlocks and the start buttons were not covered which would have prevented inadvertent activation during setting up and maintenance.

The HSE Inspector said: “For a young man to lose four fingers in an incident like this at the start of his career is serious and severely affects his future employment prospects.“If safe systems of work, sufficient guards on the machinery and adequate supervision had been in place, this would not have happened.” The company has been fined £10,000 and ordered to pay costs of £7,376.40.

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Increase in qualifying period for unfair dismissal claims

2011-10-03T15:15:00.000+01:00

There have been recent changes and announcements regarding the increase in qualifying period for unfair dismissal claims. Empire HR can inform you that the main announcements are:

Employees will require 2 continuous service with their employees before they can claim unfair dismissal in an employment tribunal. This is an increase of 1 year. Only those who are claiming discrimination will be able to place claims without 2 years’ service.

There will be fees charged for placing claims. It is currently free for employees/ex employees to place a claim. The fees are likely to include an upfront fee of £250 - £1000, plus additional fees if the claim is high. The fee will be waived for those on a low income or refunded if the claim is won. The fee will be forfeited if the claim is lost. This is likely to deter those making ground-breaking claims as well as vexatious claimants.

What are your thoughts on this? Do you think this will help or hinder your business? Or do you think it's too little too late? We welcome all feedback and comments.

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THE “SEX” X- FACTOR?

2011-10-03T15:00:00.002+01:00

With series 8 of the X-Factor drawing to a close, fans will be eager to find out who this year’s winner will be. Statistically, the winner is likely to be male. Of 7 previous winners, 5 were male so chances are that it will be this time round too. However, despite the audience’s penchant for male X-Factor winners, record companies seem to prefer females.

The international success of both Leona Lewis and Alexandra Burke is in stark contrast to the relatively paltry singing careers of their male counterparts. Does this highlight a sex discrimination issue in the record industry? Are record labels reluctant to sign up and invest in males? Steve Brookstein (series 1), Leon Jackson (series 4) and Joe McElderry (series 5) have all been dropped from their record labels, leading to speculation that male artists are simply not attracting the same level of investment. There is currently speculation that Matt Cardle, last years winner, will follow suit later this year.

Of course, if X-Factor winners were employees they would be protected by employment legislation which prohibits discrimination on the basis of gender. A policy of investing less in males, together with having a workforce that is indicative of a recruitment bias towards females would lead to the risk of a very expensive sex discrimination claim.

What are your thoughts on this? Do you agree with us at Empire HR? 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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Case Law Update and 'The Hidden Killer'

2011-09-28T16:31:00.000+01:00

In this post Empire highlight two cases involving employees dismissals and their outcome in court. We also discuss HSE's pledge to tackle Scotland’s share of 4,000 asbestos death toll.

Oudahar v Esporta Group Limited UKEAT/0566/10
The EAT has clarified that there is a two stage test to be satisfied when considering a claim for automatic unfair dismissal based on a health and safety reason. These are:

Were there circumstances of danger which the employee reasonably deemed to be serious and imminent? Did the employee take or propose to take appropriate steps to protect himself or other persons from danger; or did he take steps to communicate these circumstances to his employer by appropriate means?
If these criteria are met, was the employer’s sole or principle reason for dismissal that the employee took or proposed to take such steps?

This was an interesting case because there is very little case law on this area. Dismissals on the grounds of health and safety are automatically unfair, which means those with less than 1 years’ service are also able to raise a claim on this basis.

Hughes v Corps of Commissionaires Management Ltd (2011) EWCA Civ 1061
The Court of Appeal has confirmed that the requirement to remain on call during a rest break does not contravene the Working Time Regulations. In this case, a security guard argued that because he could be interrupted during a rest break, the compensatory rest allocated to make up for this should be taken outside working time (ie he should not be on call during compensatory rest periods). The appeal was dismissed, on the basis that being on call does not necessary mean that the Regulations have not been complied with.

THE 'HIDDEN KILLER'
The HSE in partnership with the training industry has pledged to tackle Scotland’s share of 4,000 asbestos death toll. They are calling for businesses to pledge free training courses in an attempt to hit the target of 4,000 hours in September which would reflect the approximate number of deaths each year in Britain from asbestos- related diseases.

The free asbestos awareness training is being provided to help tradesmen in Scotland and across Britain protect themselves from the deadly dust. Sessions will be available throughout October and November and is aimed at joiners, electricians and plumbers who as part of their activities are likely to disturb asbestos fibres as they work. Figures quoted by HSE state between 1982 and 2008, there were 3,456 deaths from asbestos- related cancer mesothelioma in Scotland.

A weekly update of free places at the various locations in Scotland are being made available on the HSE web- site www.hse.gov.uk

Have you been affected by any of the issues raised in this post? Do you have have any experience in dealing with asbestos? Maybe you know of an organisation or individual who has dealt with dismissal based on a health and safety reason? Do you agree with the ruling of the courts in the case of Hughes Vs Corps of Commissionaires Management Ltd? We would like to hear your comments and feedback, please visit our facebook page where we often hold discussions regarding topics covered here.

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London Riots, First Aid and Empire HR

2011-09-20T17:05:00.004+01:00

There have been many current affairs that have been featured in the press recently, where Empire have identified issues concerning HR, including the News of the World Scandal. In addition the recent events in London and the riots that took place, also raise issues relating to HR.

In this blog we explore issues from the riots as well as guidance on First Aid in the workplace.

RIOTING AND HR

The riots that hit London last month have highlighted the crucial role of HR in a crisis. The spontaneity and unpredictability of the riots meant that those affected had to react swiftly in circumstances that they had probably never encountered before.

Having a good HR manager or department within a business would undoubtedly have been an invaluable asset during the crisis, providing immediate and commercially viable solutions to the problems faced.

For example, many affected businesses had to consider what to do with employees who no longer had a viable place of work. Larger business could rely on their HR departments to organise the redeployment of employees to alternative stores or offices. Smaller businesses could temporarily lay off employees, or perhaps enforce a period of annual leave. Some may even be forced to make employees redundant if the business is no longer operating and will not be viable for the foreseeable future.

Unfortunately those with no HR support may now face the additional burden of potential tribunal claims if they simply sent employees home with no pay for an indefinite period of time.

The basic starting point for business owners and managers is that where an employee opts not to come into work, there will normally be no obligation to pay them. However, where the decision is taken out of their hands and they are willing to come into work, they must be paid. The uniqueness of the circumstances means that there is no hard and fast rule – all absences should be investigated in full before any pay is withheld.

It is essential that business owners seek legal advice on the options available to them before assuming that they can dismiss employees. The ability to temporarily lay off employees is largely dependent on the inclusion of a ‘lay off’ clause in their contract. Redundancy is also dependent on the circumstances facing each particular business, and a consultation process must be followed prior to any redundancy dismissal.

Some HR Managers will need to deal with employees who have been convicted of an offence related to the rioting. In general, a criminal conviction is not sufficient justification for a dismissal unless the employee works with vulnerable service users or is in a sensitive role.

A lot would depend on whether the conviction has affected the reputation of the business (perhaps the media named and shamed the employee), and whether the conviction has undermined the trust and confidence in the employee. For example, an employee convicted of looting in the area in which they work may lead to their retail employer losing trust in them.

Each case must be considered on its own merits, with the full ACAS Code on Discipline and Grievance being followed at each stage of the process. Given the current wave of public anger, it does seem likely that tribunals will be sympathetic to businesses but they will still consider whether a dismissal falls within the ‘range of reasonable responses of a reasonable employer’.

FIRST AID IN THE WORKPLACE GUIDANCE

Guidance has been issued by the Health and Safety Executive in relation to the qualifications first-aiders in the workplace need and the responsibilities employers have when appointing them. The guidance defines a ‘first-aider’ as somebody who has undertaken training and has a qualification that The HSE approves;

Either a valid certificate of competence in either:

First aid at work, issued by a training organisation approved by HSE;
Emergency First Aid at Work, (issued by either a training organisation approved by The HSE or a recognised Awarding Body of Ofqual/Scottish Qualifications Authority.

Employers must undertake a first-aid needs assessment and should use the findings to determine which training in first aid and what number of trained personnel will be suitable and sufficient after taking account of all the relevant circumstances of their particular workplace.

A question often arises about liability of first-aiders, and while the HSE seeks to reassure that it is very unlikely that action would be taken against a first-aider who was using the first-aid training they have received (and in any case not by HSE as it is outside their jurisdiction), it is recommended that Employer’s should seek advice from their insurance brokers on whether their policies cover first-aiders’ liability.

What are your thought on this? Have you been affected by any of the issues raised in this blog? We would really like to hear your views and comments. Visit our facebook or twitter page to share your comments.

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NOTW FIASCO – WHAT CAN BUSINESSES LEARN ? PART TWO...

2011-09-15T14:53:00.000+01:00

The shock closure of the News Of The World and the phone hacking scandal has left many of the British public shocked.

Empire is encouraging businesses to learn from the NOTW situation, as it serves as a timely reminder that no business is immune from closure, and very large, successful businesses can be destroyed by the actions of a few employees.

In light of the closure Empire has compiled a list of potential learning points for other businesses to take into account. Over a series of blog posts we will highlight the issues that we feel are important to consider.
Last week we discussed issues concerning Whistle-blowing and Organisational Culture. This week we look at further pointers that should be learned from the NOTW shock closure.

ETHICS ARE IMPORTANT
In an increasingly transparent business community, it is more important than ever to ensure your business is ethical. At the most basic level, customers tend not to want to buy goods from a supplier with questionable ethics. Suppliers may not wish to associate with a business with a poor reputation for ethics, and this was clearly demonstrated when advertisers withdrew from the NOTW. Ethics can be the foundation of a positive organisational culture and the two are closely linked.

SEEK LEGAL ADVICE BEFORE ANNOUNCING REDUNDANCIES
The NOTW’s 200 employees were collectively advised of their impending redundancies during a staff meeting in the office on the week of the disaster. This potentially breaches several requirements of employment law, namely that they should have been collectively consulted prior to the final decision being made. The Secretary of State must also be notified when there is a proposal to make 20 or more employees redundant. A failure to consult may result in an award of 90 days’ pay to each employee as well as potential unfair dismissal claims.

TRANSFERS MAY INCUR TUPE LIABILITY
There is speculation that News International will simply start publishing The Sun on a Sunday to replace the NOTW. This could result in what is known as a TUPE transfer, whereby NOTW employees should have their employment protected and transferred. Further details on this are expected in the near future, but the NOTW would be well advised to seek legal advice on this immediately. Businesses must always ensure that advice is sought prior to mergers, buyouts and the sale of businesses in order to avoid unexpected liability for transferred employees.

HEALTH & SAFETY

THE DAMAGES (Scotland) ACT 2011
This new act has been introduced to end the long legal battles in pursuit of agreement over damages claims altering the way Scottish courts will now award damages following fatal accidents.

A fixed percentage of 75% of the net income will now be used as the basis for calculating the loss of support entitlement for dependants of the deceased, applicable in all cases except where a court considers that it would result in a ‘manifestly and materially unfair result’.

Furthermore, a spouse’s income will be disregarded when calculating the amount of damages to be paid.

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Vehicle Safety is a must

2011-09-09T15:54:00.000+01:00

There are many factors that are essential for all businesses to consider when it comes to Health and Safety. Therefore, Empire HR would like to raise some topical issues and welcome you to leave your comments and provide us with feedback. In this post we discuss the importance of Vehicle Safety, the indecent of a company being prosecuted for a reversing lorry. We also discuss and offer advice on helping foreign staff improve their English.

VEHICLE SAFETY
There are numerous safety issues to consider and risk assess with the use of vehicles at work. Not only are the licenses, roadworthiness, tax, insurance and safety checks to be undertaken on company vehicles, there is a need to include employee’s own vehicles in the equation when these are used for work purposes. The safe movement of vehicles on work premises, safety of pedestrians, planning of road trips, loading operations of vehicles and weather conditions to name but a few all add up to present a potentially lethal cocktail if not planned and controlled, regularly monitored and reviewed by competent persons.

PROSECUTION FOR REVERSING LORRY ACCIDENT
An Essex based company has been fined £150,000 and ordered to pay £19,000 costs following an accident which resulted in an employee being seriously injured, having his skull crushed by a reversing lorry at the company’s depot.

An articulated 45ft HGV trailer was being reversed into an open loading bay as the warehouse porter waited to unload it. He had noticed a positioning error and put his head around the back of the trailer to shout instructions to the driver. At that moment the trailer reversed further, crushing his head against the brick wall. He received severe head injuries and long term effects but has returned to work.

The subsequent HSE investigation found the company had not assessed, controlled, or properly managed the risks arising from vehicle and equipment movements and had also failed to provide a safe system of work for its employees.

HSE stated “This firm could have put in place a physical separation between the porters, moving vehicles and the loading bays and a safe way for porters and drivers to communicate with each other. None of these measures were evident and so a worker was seriously hurt for no good reason.”

DO YOU HAVE ANY FOREIGN STAFF WHO NEED HELP WITH THEIR ENGLISH?
If you run an international company you will understand the importance of effective communication, dealing with customers on the telephone, writing reports and meeting clients. All these situations require non-native employees to speak and understand English clearly. Do you encounter any of the following problems in your workplace?

Our employees do their day-to-day duties well but their ability to communicate is poor. We’re particularly worried about health & safety issues.

My boss keeps asking me to do presentations in English and I’m finding it stressful!

My English is good but clients don’t understand me over the phone. I need help with my pronunciation! I can speak English well but I find it difficult to write technical reports!

Whatever problems your staff may have with English language, International House Aberdeen can help.
International House Aberdeen, Grampian’s premier English language school can offer tailor-made one-to-one or group tuition for your employees.

Their flexible study programme allows us to offer courses at any time convenient to you or your staff, either at our premises on Union Street or on-site.

If you think the services of International House, Aberdeen would be of benefit to you or some of your staff, please contact IH Aberdeen on 01224 634006 or email directly on info@ihaberdeen.com and quote “EMPIRE HR”.

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NOTW FIASCO – WHAT CAN BUSINESSES LEARN?

2011-09-08T16:02:00.000+01:00

The shock closure of the News Of The World and the phone hacking scandal has left many of the British public shocked.

Empire is encouraging businesses to learn from the NOTW situation, as it serves as a timely reminder that no business is immune from closure, and very large, successful businesses can be destroyed by the actions of a few employees. In light of the closure Empire has compiled a list of potential learning points for other businesses to take into account. Over a series of blog posts we will highlight the issues that we feel are important to consider.

The most popular English-language newspaper in the world was published for the last time in July, which has left politicians, News International, The Metropolitan Police, and the NOTW employees battling to find out who is to blame. Public speculation, police questioning, political debate, and media coverage is certain to go on for the foreseeable future but, in the meantime, there are lessons the business community can learn from the demise of the NOTW.

Here are the first two points where lessons should be learned from NOTW:

ORGANISATIONAL CULTURE MUST NOT BE NEGLECTED
Does the culture of your business encourage employees to push the wrong boundaries, go to extremes and turn a blind eye to bad practices?
A journalist deleting the voicemail messages of murder victim Millie Dowler is an extreme example of this, but can you be sure that your employees wouldn’t be tempted to break the law if pressurised?
In the case of the NOTW, serious questions need to be asked about why journalists felt the need to go to such extremes to get a story.
Could the HR department or line managers have prevented this incident by fostering a different organisational culture?

WHISTLEBLOWING CAN HELP BUSINESS
A good whistleblowing policy encourages employees to come forward if they become aware of malpractice or breaches of the law. This allows a manager or HR department to be made aware of the issue as early as possible, therefore preventing an escalation. It is likely that the NOTW did have a policy, but employees did not feel able to use it. The importance of encouraging an effective whistleblowing policy was also demonstrated by the recent care home scandal in Bristol, in which a senior nurse broke the silence of abuse of patients resulting in closure of the home. It is not enough to simply have a policy, it must be circulated and utilised appropriately.

It is important that businesses throughout the UK take on board the lessons learnt, and most importantly ensure steps are taken to prevent the same thing happening to them. We will be posting more pointers relating to the NOTW scandal in the following blog posts.

A REMINDER - NEW ARRANGEMENTS FOR REPORTING OF INJURIES AND INCIDENTS TAKE EFFECT FROM 12th SEPTEMBER

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) place a legal duty on employers, self-employed and people in control of premises to report work-related deaths, major injuries, over-three-day injuries, work related diseases and dangerous occurrences (near misses).

Businesses will no longer be able to report incidents by email, post or fax.

Fatal and major incidents and injuries will still be reportable by telephone however all other reportable work-related injuries and incidents under RIDDOR will move to a online system using interactive forms.

Seven forms will be available on the HSE’s website which is aimed at separating the incident type and making the statutory reporting process quick and easy for employers to use.

Further changes will take effect on the 30th September 2011 - the HSE’s Infoline telephone service, which currently provides a basic information service to callers, will end due to the increased use of their website.

We would really like to hear your views on the issues that have been highlighted in this post. Have you had any experience in people within an organisation turning a blind eye to bad practices? What are your thoughts on the whistleblowing culture? Do you think it can help businesses? What are your thoughts on the new arrangements for reporting injuries? Join our facebook page to enter our discussions amongst our online community

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New appointment at Empire...

2011-08-11T18:30:00.001+01:00

Gill Hutchinson has joined the team as Health & Safety Manager to support the company’s continuing growth in this area.

Empire currently employs 23 members of staff at their headquarters in Aberdeen.

Gill has been a H&S Professional since 2000, initially as a Health & Safety Manager for a large voluntary organisation in London before taking on a consultancy role with a large Manchester based company.

With her experience in the industry, she brings a wealth of knowledge to Empire, which will be beneficial to their clients across the country.

Her role will see her lead and develop the H&S division of the business and she will be working closely with the company’s wide client base to ensure they are updating and reviewing their policies as required by law.

Gill says: “I made a commitment to make a difference to safety standards in the workplace after being exposed to ill-managed industry related hazards and health and safety is an area which every employer should be managing. At Empire I am going to initially focus on making that process easier for our clients to understand through updating and reviewing policies to make them more concise and easier to comply with.”

Gill has relocated to Scotland from Cumbria with her 14-year-old daughter to take on the new position.

Here's what Operations Director, Peter-Jon Chalmers had to say about Gill\s appointment: “Gill is an excellent addition to the team at Empire and her expertise in the health and safety arena is excellent and her skills and ability to explain policies in simple terms will be hugely beneficial to all of our clients.”

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Take part in the HSE 'Red Tape Challenge'

2011-07-22T12:42:00.000+01:00

If you haven’t already done so…….take a look at the HSE website, www.hse.gov.uk

Your chance to have your say awaits, in an effort to unburden employers of ‘red tape’

The HSE is publishing all the regulations affecting one specific sector or industry, They are inviting you to tell them what’s working and what’s not, what they can simplify and what can be scrapped.

Here’s the best bit…based on your feedback, they will start getting rid of unnecessary red tape!

The challenge is taking on live themes and includes employment law issues so take a look and be a part of the process. Take the HSE Red Tape Challenge here.

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Age clearly does matter, as recent Employment Tribunal statistics show a 79% rise in claims

2011-07-15T11:47:00.002+01:00

Figures published recently by HM Courts and Tribunals Service in its Annual Statistics for 2010/2011 have revealed a ‘dramatic’ rise in the number of age discrimination claims lodged at the Employment Tribunal.

The figures show that, in the year up to 31st March 2011, 6,800 age discrimination claims were filed, a rise of 31% on the previous year’s number. Since 2008/2009, the overall number of claims has risen by 79%.

These figures show a dramatic rise in the number of age discrimination claims in the past two years and emphasise the importance of employers becoming more age-aware.

Against a backdrop of a number of high-profile ageism cases, the ending of the default retirement age and rising levels of redundancy and unemployment, many more people believe that they are being discriminated against. With further job losses expected in the public sector and the lingering idea that older workers are a burden, we would not be surprised to see these figures continue to rise. Remember, age is a unique form of discrimination, as it can affect anyone and everyone as age is something we all have, with young people being equally prone to marginalisation in the workforce.

Even large organisations can run into problems, as illustrated by the recent radio comments of an Aberdeen City Councillor, who whilst addressing the issue of funding from the Scottish Government for Aberdeen City Council asserted “that this was a test for the Council’s Leader,[ 26 year old Callum McCaig] who had to show whether he was a man or still a boy.” It is often ill-advised and inappropriate comments, (no matter how well meant) that can lead to discrimination claims and contribute to these rising figures.

Organisations must have appropriate policies and training in place to deal with all aspects of discrimination, and to ensure that processes like redundancies, recruitment and pay are free from any discriminatory practices.

These recent Employment Tribunal statistics also show that despite a small fall in the total number of claims lodged in 2010/2011, the total number of claims was still up by 44% from 2008/2009.

In short, the Employment Tribunal still continues to be busy and organisations, no matter their size, need to have the best HR policies, procedures and practices in place to combat this trend.

Craig Bennison
Head of Litigation

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First Prosecution Under Corporate Manslaughter Act

2011-03-24T11:30:00.005Z

The first company to stand trial under the Corporate Manslaughter and Corporate Homicide Act 2007 has been fined £385,000 after being found guilty by the jury at Winchester Crown Court.

The conviction of Cotswold Geotechnical Holdings Ltd came after a two-week trial at the court, where the company answered charges by the Crown Prosecution Service in relation to the death of employee

Alexander Wright in September 2008.

In handing down the sentence on 17 February, the judge, Mr Justice Field, confirmed the company could pay the fine over a 10-year period, with £38,500 due every year of that period. The company does not have to pay any costs.

The judge said the fine marked the gravity of the crime and the deterrent effect it would have on companies to adhere to health and safety guidance. He said a larger fine would cause the small scale company to be liquidated, and four people would lose their jobs. “It may well be that the fine in the terms of its payment will put this company into liquidation. If that is the case it’s unfortunate but unavoidable but it’s a consequence of the serious breach,” he said.

Mr Wright, 27, had been left working alone in a 3.5m-deep trench to ‘finish up’ after the managing director of Cotswold Geotechnical Holdings, Peter Eaton, left for the day. A short time later, the trench collapsed on Mr Wright and buried him.

Peter Eaton had originally been charged with manslaughter by gross negligence, as well as a health and safety offence, in his own capacity but these charges were dropped after a successful application by his defence team last October on the grounds of his poor health. The company also originally faced a separate health and safety offence, but this was dropped by the prosecution in January this year after the judge raised the issue of whether the two different burdens of proof for the two remaining charges might confuse a jury.

In convicting the company, the jury found that the company’s system of work in digging trial pits was wholly and unnecessarily dangerous. The court heard the company ignored industry guidance.

Detective Inspector Giulia Marogna, of Gloucestershire Constabulary, who investigated the case with the support of the HSE, described Cotswold Geotechnical Holdings’ approach to health and safety as “cavalier”, and the way it taught and supervised its junior engineers as “inherently dangerous”.

Some commentators have argued that the Act was not designed to prosecute small businesses like Cotswold. However, the case was seen as a test case for the legislation. To secure the conviction,

the prosecution needed to demonstrate that:

• Cotswold’s conduct caused the employee’s death and amounted to a gross breach of a relevant

duty of care owed to the employee (section 1(1)).

• A substantial element of the breach was in the way the organisation’s senior management managed

or organised its activities (section 1(3)).

The successful prosecution of Cotswold demonstrates the importance for businesses to have a

health and safety culture and to ensure that everyone takes responsibility for improving health and

safety.

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Rebranding of Empire HR

2011-03-22T12:04:00.000Z

Here at Empire HR we have recently launched our new image as part of our rebranding programme to compliment the range of services that we provide. In a brave move, we have decided to drop the HR from the title and will now be marketing ourselves as just Empire.

The decision to rebrand follows continual growth and expansion for the business in recent years. In the last 18 month we have increased our clientele significantly and have seen a 25% increase in turnover.

The company is now one of the Scotland's leading HR, Employment Law and Health & Safety firms working with a wide range of clients with between 5 to 12,000 employees.

The new branding, name and logo was designed specifically to fully support the wide range of services that Empire has to offer.

Also to coincide with the new branding and image, we have just launched a new interactive website, offering free downloads, networking events and an online discussion board called The Empire Wire.

To find out more or to just simply have a look at the new website please visit http://www.empirehr.com/ or contact them on 01224 701383.

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Extending Sick Pay Not A Reasonable Adjustment

2011-03-22T10:14:00.000Z

The case of Ashton v Royal Bank of Scotland (RBS) has confirmed that the obligation to make reasonable adjustments to those with a disability does not extend to increasing the amount of sick pay an employee gets.

Ms Ashton had frequent absences caused by her disability, and RBS made several adjustments to her working pattern and role allowing her employment to continue. However, RBS did enforce its absence policy by giving Ms Ashton a formal disciplinary warning once her absences reached a certain level, which consequently affected her sick pay.

Ms Ashton claimed that by issuing the formal warning and withholding her sick pay, RBS had failed to make reasonable adjustments. However, the Employment Appeal Tribunal found that she was not at a substantial disadvantage in comparison to those who were not disabled because all employees were treated consistently in accordance with the absence policy, and confirmed that extra sick pay would only need to be paid in exceptional circumstances. In RBS’s favour was fact that the policy was sometimes relaxed for those with disabilities.

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Dismissal of Lewd Nurse Unfair

2011-03-22T09:44:00.001Z

A nurse who was dismissed after she made a lewd comment whilst restraining a patient has won her

case in an Employment Appeal Tribunal.

In Bowater v NW London Hospitals NHS Trust, the nurse was sitting astride a patient who was having a fit and jokingly said “it’s been a few months since I was in this position”. Despite the fact that only her colleagues heard the comment, she was dismissed on the grounds of gross misconduct. The case highlights that it is crucial to take all the circumstances into account prior to a dismissal. In this case, the tribunal took her unblemished record and the fact that no member of the public heard her comments into account.

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Requests For Time Off For Training Delayed

2011-03-15T10:25:00.003Z

Small businesses are to be spared from being forced to deal with requests for time off for training – for the time being.

Employers with more than 250 employees have been required to deal with requests since 6th April 2010, and the right to request time off for training was due to be extended to all businesses from 6th April 2011.

Following a consultation, the Government has confirmed that the right will not be extended as planned, so that the potential impact upon small businesses can be investigated further.

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Conservatives Criticised for Internship Auction

2011-03-15T09:53:00.000Z

The Conservative Party was heavily criticised after hosting an auction of internships at its annual Black and White party. 900 supporters of the party paid at least £400 each to attend the party, at which internships at leading companies were auctioned off for an average of £3000.

Internships are an increasingly contentious way of getting a step in the door of businesses, and they have become more popular during the recession. Desperate graduates often spend several months working for free, in exchange for a chance of a paid job at the end of it.

Unfortunately the only people who tend to be able to afford a spell as an intern are those who have

wealthy parents who can pay the accommodation, transport and general living costs incurred during

the internship. The reality is that most graduates simply cannot afford to work for free, leading to

claims that the best jobs will only be available to privileged children of the wealthy.

On the other hand, most business owners would jump at the chance to have well educated staff

working for free. During difficult economic times, it makes financial sense to use cost effective recruitment

methods.

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Managers on the Drink!

2011-03-15T09:47:00.000Z

An Office for National Statistics’ Lifestyle Survey has revealed that managers drink more than those

in manual occupations. Managers drink an average of 13.5 units of alcohol each week, whilst

manual staff drink an average of 10.7 units per week.

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No Boardroom Quotas Required

2011-03-08T17:35:00.001Z

Lord Davies, the former banker chairing an enquiry into gender equality in the boardroom, has indicated that businesses will not be bound by quotas stipulating how many women should be on their boards.

As business owners breathe a sigh of relief , this is a welcome indication of the trend towards reducing the red tape businesses are forced to negotiate. The introduction of quotas would have forced businesses to ensure a minimum percentage of women on boards.

However, the decision is likely to disappoint female managers. Research carried out by the Institute of Leadership and Management (ILM) found that half of female managers think board room quotas should be introduced and almost 75% of women managerial roles believe a glass ceiling exists which will prevent them from reaching their full potential.

Board room gender quotas have been introduced in Norway, France and Spain, and the European Commission is considering the introduction of mandatory targets. However, UK business groups remain very resistant to these quotas.

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Empire HR Business Breakfast: Using Video for Business

2011-02-11T15:57:00.008Z

Empire HR Seminar: An Introduction to The Emotional Capital Report

2011-02-11T15:50:00.009Z

Walk of Shame

2011-02-01T10:46:00.004Z

A UK business owner who caught an employee stealing has been charged with false imprisonment after forcing an employee to walk through a town with a sign around his neck saying 'Thief. I stole £845'.

Free Food Leads to Claim

2011-02-01T10:29:00.006Z

An employee in Brazil has won a claim against McDonald's on the grounds that the free meals given out whilst he was at work made him fat. McDonald's gave the employee a free meal during each shift, and the employee claims this was the reason behind his 4 stone weight gain during his 12 year career. The employee also claimed that he felt obliged to taste all the food every day to ensure its quality. He won £10,000 in compensation. Needless to say, McDonald's are appealing the decision.

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Costly Sleepwalking

2011-02-01T10:20:00.005Z

An employee has won a massive payout after his employer issued a defamatory press release about him. He has been awarded £.8.5 million in compensation. The sleepwalker appeared at the hotel bedroom door of a colleague on three occasions whilst on a business trip in Mozambique. His employer took the decision to issue a press release stating that he had been asked to resign following an 'incident'. The court held that the statement implied that he had made inappropriate advances to the colleague when in fact, he had made no attempt to enter the room.

INCREASE IN QUALIFYING TIME FOR UNFAIR DISMISSAL!

2011-01-28T02:03:00.001Z

The Government has announced a proposal to increase the length of time that employees need to be employed before they can place a claim for unfair dismissal.

Currently, employees can’t place a claim for unfair dismissal unless they have been employed for more than 1 year. This means that businesses have a period of 1 year in which they can assess a new employee’s suitability for a role and safely dismiss without fear of a costly compensation bill.

A consultation has been launched today, which will close on 20th April 2011. Following this, the government is expected to confirm the increase.

The aim of this measure is to give businesses more flexibility and cut the red tape holding back businesses throughout the UK.

This will be welcome news to business groups, which have campaigned for a reduction in red tape and legislation. Business groups have cited the upsurge in tribunal claims as evidence that the current system is heavily weighted in favour of employees, with the result that businesses are often crippled by costly legal fees and compensation bills.

However, there is doubt about whether the measure goes far enough. Is this enough to encourage businesses to hire more staff, and will it really help employers? Leading employment law and HR firm Empire HR are urging businesses to exercise caution.

Unfortunately for businesses, there is an exception to the qualifying period rule. There’s no qualifying period if the employee can establish that they were dismissed for a reason linked to a ‘protected characteristic’. Defined by the Equality Act 2010, protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

The Equality Act also covers 7 different types of discrimination. For example, the Act introduced ‘associative discrimination’ to many protected characteristics meaning that some people will be covered by the legislation merely because they are related to, or associate with some who has a protected characteristic.

The effect of the legislation is that it might actually be very difficult to single out an employee who is not covered by the Equality Act, so employers need to tread extremely carefully when dismissing any employee – regardless of their length of service. In effect, increasing the qualifying period may not be as helpful to businesses as they thought.

Empire HR are concerned that businesses are being lulled into a false sense of security. Steve Cook, CEO of Empire HR explains “the media is full of headlines stating that businesses can dismiss employees for any reason during the first 2 years of their employment. However, any dismissal carries the risk of a claim and in reality, the Equality Act means almost any employee can place a claim regardless of their length of service. Businesses might get some nasty surprises if they fail to get expert advice”.

There’s also speculation that this change might actually lead to an increase in claims. Employees dismissed within the 2 year period are more likely to cite discrimination as the reason for their dismissal because they will otherwise be unable to place a claim at all. Discrimination claims tend to be the most costly – largely because compensation in these claims is uncapped. They are also notoriously time consuming to defend.

Steve Cook confirms “there’s a real prospect of an upsurge in discrimination claims because employees will effectively be clutching at straws so they can place a claim. The discrimination legislation is now so wide in scope that most employees will be able to claim because they have at least 1 protected characteristic”.

Despite these points, it is positive that the government appears to be focusing on the needs of businesses during these tough times. Businesses will welcome any measure designed to ease their burden, and small businesses in particular are likely to see this change as very encouraging.

The consultation also deliberates the introduction of tribunal fees, and measures to deter vexatious claims. The full consultation document can be found here: http://www.bis.gov.uk/assets/biscore/employment-matters/docs/r/11-511-resolving-workplace-disputes-consultation . Business owners are urged to contribute to the consultation. In the meantime, Empire HR is advising business owners and managers to seek advice prior to the dismissal of any employee. As Steve Cook points out “making a mistake is just too costly in this economic climate”. Empire HR are providing expert guidance on dismissals on their website, and have added a recorded guide to the dismissal procedure. Please visit www.empirehr.com for further information.

Bank Holiday Update

2011-01-25T10:53:00.004Z

The world is currently fascinated with this year's Royal wedding, and both the Westminster and Holyrood Governments have declared that the day will be a national celebration marked with a public holiday.

The announcements by Prime Minister David Cameron and First Minister Alex Salmond, mean that for those who already take the Easter bank holidays off, there may be two consecutive bank holiday weekends. Businesses who intend to, or are obliged to allow staff to take the extra days off will be faced with a substantial loss of working time which may be very costly. It may prove to be particularly disruptive in the current economic climate when many businesses are facing tough times.

The announcement may have given UK workers the impression that they are entitled to the day off to participate in the Royal celebrations, but this is not necessarily the case.

Empire HR is encouraging businesses to think ahead about how they wish to approach the forthcoming celebration as it is not compulsory to shut up shop.

A national day will not automatically mean an extra day's holiday. Most businesses do not have to honour the new holiday (contracts should be checked). Despite this, many businesses will want to give their employees the day off as a gesture of goodwill.

A similar situation arose with the extra public holiday granted for the millennium. At the time a tribunal case considered contractual rights to holiday entitlement and ruled that unless it was clearly stated in the contract of employment, the employee would not be granted an additional day's pay.

Many contracts of employment state an employee is entitled to a fixed number of public holidays. Anyone who has a fixed number of public holidays written into their contract will not be entitled to the additional day off. As a result, anyone wishing to take the day off will have to book the day in accordance with the annual leave policy. Only employees whose contracts state that they are entitled to all public holidays would be entitled to the extra day off.

Retirement Outrage at Longleat

2011-01-25T10:25:00.005Z

During the past fortnight every employee over the age of 65 has been dismissed on the grounds of retirement from Longleat Estate and safari park. The estate in England (which includes a large Elizabethan mansion), is owned by the Marquess of Bath and previously had a reputation for being staffed by numerous nubile women.

Included in the dismissals were 18 workers who were over the age of 70. Many of those forced into retirement also lived on the estate, resulting in many of them having to find new homes.

These measures appear to be a pre-employment strike in the face of the recent announced change to the retirement age. From October 2011, businesses will no longer be able to retire employees at the age of 65 except in very exceptional circumstances. This means businesses will be obliged to keep their ageing employees, perhaps to the detriment of younger staff who would otherwise have been promoted.

However, businesses can retire those who are already 65, or who will turn 65 before October 2011. In order to do so, they need to follow a set of retirement procedures which involves providing them with a 6 months notice of retirement, and making them aware of their right to request to continue working beyond that age. Currently, businesses are obliged to consider requests to work beyond the age of 65, but they do not have to grant it. If you have an employee who is, or will soon be 65, it's now or never.

If you think you may have any employees who are over 65 or nearing 65, please contact Empire HR for advice on the options available.

Two vacancies at Empire

2011-01-20T23:52:00.002Z

Empire provides HR and employment law solutions to organisations throughout Scotland. We are seeking 2 experienced Advisors with an HR or employment law background to join our expanding team based in Aberdeen.

Successful applicants will be CIPD or legally qualified, have a strong client care ethic and a commercial awareness. Training will be provided.

Those interested in joining our team, should send their CV and covering letter to:

Donna Gibb, HR Manager, Empire HR, Empire House, 117 Grandholm Drive, Aberdeen, AB22 8AE or email d.gibb@empirehr.com

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Data Protection Fines

2011-01-18T11:29:00.010Z

The Information Commissioner's Office (ICO) has issued the first fines for breaches of data protection. Potential fines were increased from £500 to £500,000 in April 2010 following a review of the system.

A fine of £100,000 must be paid by Hertfordshire County Council after it disclosed that two serious breaches occurred within two weeks of each other. The breaches involved faxes being accidentally sent to the wrong address. The information contained details of children, criminal convictions, domestic violence records, and child abuse cases was sent to a member of the public, and a barristers office (not involved in any of the cases).

A fine of £60,000 was also issued to a business called A4e, after a laptop containing the details of several thousand people who had used community legal centres were lost. The laptop was issued to an employee who was working at home, but it was later stolen.

These penalties are the first to be issued by the Information Commissioner, and they do send a clear message to those handling data that they must take all possible steps to prevent the disclosure of sensitive information.

Businesses are advised to have clear and up to date Data Protection Policies, and possibly seek advice from their IT provider. The above cases highlight the importance of having good policies in place which prevent accidental leaks of information. In particular, it serves as a reminder that where employees work from home, any IT equipment they are provided with must contain the minimum amount of data that will allow them to do their job.

An increase in the use of blackberry's, iphones, memory sticks and laptops clearly exposes businesses to the risk of a fine since these devices often contain information relating to clients and their contact details. Unfortunately these are also easy to lose, leave in other people's houses, and they can often be left in cars or even on buses. Therefore its sensible to ensure that they do not contain particularly sensitive information or large quantities of data.

When information is shared between organisations, perhaps via email or fax it's absolutely essential to ensure they don't fall into the wrong hands. Sensitive documents should be marked as private and confidential, and checks should be in place to ensure they arrive at their intended destination.

Whistleblowing Reminder

2011-01-18T11:13:00.006Z

The disclosure of over 250,000 messages from US envoys on Wikileaks serves as a reminder of all the obligations businesses have to employees who disclose information that would fall within the definition of Whistle Blowing. The economic climate has also led to several high profile disclosures within the financial sector.

A whistle blower is someone who raises a concern or highlights wrong doing that has occurred within their workplace. Provided that a disclose meets the requirements, an employee will have a potential tribunal claim if they are subsequently dismissed or victimised. This protection is set out in the Protected Disclosure Information Act 1998.

However, the disclosure must be a 'qualified' disclosure, meaning that it must be made in good faith; there must be a belief that the information is true, and the disclosure must be made to the right person.

Reflecting growing recognition of the issue, tribunal claim forms now contain a section for employees to indicate if they want the matters raised in their claim to be referred to an appropriate regulatory body.

Having a good Whistleblowing Policy is advised because having a policy should reduce the risk of a disclosure being mishandled. The risks to a business are far greater in relation to a disclosure that with a standard grievance, so it's imperative that Managers can recognise a protected disclosure and deal with it appropriately.

Keeping key staff in the New Year

2011-01-17T13:59:00.010Z

The start of a New Year can sometimes mean a time of reflection for many when a New Year resolution is made.

The resolution for a new job or promotion has been found to be in the top ten resolutions alongside losing weight and quitting smoking.

This can be a worrying time for employers as it runs the risk of losing those key members of staff as January is traditionally the boom time for people looking for new jobs.

Leading Aberdeen-based employment law, HR and health & safety firm, Empire HR has been advising clients on tips on how to prevent losing those key members of staff in the coming year.

Top of the list for reasons for employees on the hunt for a new job in the New Year are that they are looking to further maximise their career, New Year brings thoughts on whether they are on the right path and they begin to think where their career is heading.

Steve Cook, CEO of Empire HR said, “It can be a sorry time when an important member of staff is lost, let alone the costs that come with filling the position left. It is important to keep staff motivated over the festive period in order to keep their interest in their job and of course the company.”

According to a 2010 survey by the CIPD the overall employee turnover rate for the UK was found to be 13.5%. The findings also revealed that organisations are experiencing most difficulty in retaining managers and professionals and that in order to retain staff employers mainly focus on increased learning and development opportunities, improving the induction process, increasing pay and improving selection techniques. Seventy-two per cent of those taking part in the survey say improving line manager HR skills is the most effective method of improving retention.

Empire HR have provided some key points that are worth considering in order to manage employee retention which include: informing and communicating with employees on a regular basis, ensuring performance management tools are in place, and reviewing employee development.

Ensure you give candidates a realistic description of the job. Expectations will only lead to a demotivated employee in the longer term.
Ensure line managers are responsible for managing their teams. Managers should be accountable for managing their employees through annual appraisals and regular feedback. Managers should be trained in people management and development skills.
Clear career development and progression. Employees who are aware of their potential progression within the organisation will feel empowered. Where promotion is not feasible, sideways moves can develop their experience.
Ensure there is good communication links throughout the organisation. Review communication forums or if there is nothing in place consider an employee survey to gauge opinion from the workforce.
Consider work/life balance of employees. Consider varying working hours to support employees’ domestic responsibilities.

A satisfied employee will know what is expected from them whilst at work, will feel challenged and be clear on their development opportunities within the organisation. The perception of fairness and equitable treatment within the work place is important in employee retention.

To find out more on what Empire can offer your business in the New Year please contact Empire HR on 01224 701383 or visit www.empirehr.com

Baby boom in the Empire

2011-01-14T16:04:00.007Z

There appears to have been something in the water at an Aberdeen employment law and HR firm with four staff pregnancies in the last year alone.

Empire HR, which has 22 employees, has had four members of their consultancy team on maternity leave following the bumper year of bumps.

Three of the women, Joanna Jacob, Faye Barron and Morag Rose, work at the company’s headquarters in Aberdeen as part of the advice line team, while Maureen McKay, is a home worker. Three are still on maternity leave, which has led to some temporary team changes at the small business but as experts in this field, Empire HR had a strong maternity policy in place to help cope with the arising issues.

Many companies, however, are not prepared to deal effectively with maternity in the workplace and it is often wrongly viewed as a burden to employers, as it can be a costly exercise for small businesses.

Empire HR CEO, Steve Cook, said: “We are delighted with the new healthy additions and having a good understanding of our maternity policy has certainly been very useful this year. “On a serious note, there is bound to be a loss for any organisation but it’s difficult to measure. We had to go through the recruitment process four times and there is a very tangible cost to that. Our clients have been extremely understanding and each new member of staff has undergone intensive training on arrival and it’s been a steep learning curve. “We have a great team of people who have worked together to cover for the maternity posts, and we have worked hard to ensure that the new mums are still part of the Empire family by encouraging them to write about their maternity leave experience on the company blog.

“Empire HR has seen continued growth and it’s important that we have a great team that can re-shape to accommodate issues such as maternity leave.” Employers are usually faced with a number of concerns when a member of staff announces they are expecting, such as losing a key member of a team, having to find a temporary replacement and, of course, the additional costs.

It’s a worrying time for any organisation but it can naturally have a greater impact on smaller businesses like Empire HR. However, the employment law firm claims that if clear guidelines are in place the whole process of the pregnancy, maternity leave and return to work should be stress free for all concerned.

In Empire HR’s case, a genuine interest in the welfare of the new mums and securing good quality maternity cover has played a huge role in coping with the maternity issues which arose this year.

The Empire team were hugely supportive of the mums-to-be and worked together to ensure their workload was manageable during busy times. Necessary risk assessments were also carried out in the work place for the expectant mums, they were given parking spaces closer to the door, they were encouraged to take more rest breaks and were allocated desks near a window if they required fresh air.

The pregnant workers were encouraged to participate in ‘keeping in touch days’ to ensure they were not completely isolated from the workplace and that they still felt part of the Empire team. Faye Barron said: “We were so lucky that the team were really supportive. I almost felt isolated from work so the ‘keeping in touch’ days really helped. I think it can be easy for employees to be forgotten once they have left on maternity leave due to busy workloads but we were all invited to training days, office outings and team meetings, so we still felt very much part of the team during our leave.”

To keep employers up-to-date – here is a rundown of the current Maternity Rights:

• When an employee tells an employer that she is pregnant, the employer has a duty to carry out a health and safety risk assessment in order to determine whether there are any specific risks to her or her unborn child.

• Employees are entitled to paid time off to attend ante-natal appointments.

• Employees are entitled to 52 weeks maternity leave. Employees are required to notify their employer in writing of their intention to take maternity leave by the 15th week before their due date.

• If an employee is absent due to a pregnancy related sickness during the four weeks prior to their due date, maternity leave will start automatically.

• Employees are not allowed to return to work until at least two weeks after they have given birth (four weeks in certain cases).

• Employees are entitled to 39 weeks Statutory Maternity Pay if they fulfill certain qualifying conditions. For the first 6

weeks this is paid at 90% of their normal pay. For the next 33 weeks, this is paid at either 90% of their normal pay or the rate set by the Government, whichever is lower. The current rate set by the Government is £124.88.

• To qualify for Statutory Maternity Pay an employee must have been employed for at least 26 weeks before the 15th week before their due date. They must also earn more than the National Insurance Lower Earnings Level during a qualifying period.

• Employees who do not qualify for Statutory Maternity Pay may be entitled to receive Maternity Allowance which is paid by the Government.

• Employees continue to accrue all contractual benefits (apart from remuneration) throughout their maternity leave. This includes annual leave.

• During maternity leave, employees are entitled to agree with their employer to work for up to 10 days, without this affecting their Statutory Maternity Pay. These are called ‘Keeping in Touch Days’.

• Employees are normally entitled to return to the job they left on their return to work.

Food and Drink Manufacturing Injury Statistics

2011-01-13T12:09:00.008Z

HSE recently published its latest HSE Statistics (2009/10) on workplace injuries, work-related ill health and enforcement in the UK. During 2009/10, in food and drink manufacture, there were 4185 'over-3-day absense' injuries plus 856 'major' injuries (eg broken bones or requiring hospitalisation). Expressed as injury rates, 'O-3-D absense injuries' reduced from 1197 (2008/09) to 1165 injuries/100,000 workers, a drop of 2.7%. The combination rate for 'O-3-D absense' plus 'major injuries' fell by 1% during 2009/10 which, when added to an earlier 3% drop in 2008/09, makes an overall reduction of 4% during the period 2008/10.

Builder Prosecuted for Ignoring Health and Safety Rules

2011-01-13T11:54:00.005Z

A builder whose employees were forced to work in unsanitary conditions, with no toilet or washing facilities, in Rochdale has appeared in court.

Michael Connolly, 46, was prosecuted by the Health and Safety Executive (HSE) after he repeatedly ignored calls to improve his conditions at the site in Littleborough where he had employed contractors to convert a house into flats and shops.

HSE inspectors who visited the site in Church Street found that there were no toilets or washing facilities. They also discovered live wires sticking out of lug sockets, unsafe scaffolding and plaster and rubble scattered all over the site.

Inspectors deemed the site to be so dangerous that Mr Connolly was immediately served with three improvement notices and two prohibition notices following the visit on 4 November 2009.

Despite Mr Connolly's assurances that he had complied with all the notices, when inspectors revised the site on several occasions over a 10-week period, they discovered he had still not provided adequate facilities for workers, including soap and hot running water.

HSE Inspector Alan Pojur said:

"In failing to provide basic amenities like hot water, especially when workers would have been covered in building site dust and plaster, Mr Connolly showed a complete lack of regard for the welfare of the people he employed".

Minimum workplace temperatures

2011-01-11T10:06:00.006Z

Regulation 7 of the Workplace (Health, Safety and Welfare) Regulations 1992 (SI1992/3004) states that, during working hours, the temperature in all workplaces inside buildings shall be reasonable. However, the Regulations do not provide a minimum workplace temperature. Whether or not a temperature is reasonable will depend on factors such as the nature of the workplace and the type of work that is being carried out.

The Health and Safety Executive provides guidance on the Regulations, which recommends a minimum temperature of 16'C for workplaces where the activity is mainly sedentary, such as offices. For workplaces where much of the work involves physical effort, the minimum recommended temperature is 13'C.

UCATT warns on site safety in cold weather

2011-01-11T09:54:00.006Z

With the cold weather still looming about, construction union UCATT are warning construction employers that extra checks need to be made on sites, to ensure that work can be conducted safely, during the current extremely cold weather.

Employers need to undertake additional risk assessments during extreme weather in order to ensure that sites are safe before work progresses. Employers also need to ensure that:

- Appropriate protective equipment is used
- Mobile facilities for warming up and warm fluids such as hot chocolate or soup are provided
- They introduce more frequent rest breaks
- Workers are educated on recognising the early symptoms of cold stress/ early signs of hypothermia. These include shivering, loss of co-ordination, slurred speech, memory loss and pale cold skin.

Alan Ritchie, General Secretary of UCATT, said: "cold weather brings additional dangers to the construction industry. It is essential that employers ensure sites are safe and proper facilities are provided during cold weather working. If employers do not believe that their site is safe they should stop work immediately until problems are resolved".

The first of our help videos - The Disciplinary Hearing

2010-12-31T13:14:00.003Z

We are delighted to release the first of our new information videos to help you understand some of the rules and regulations and, best practice in HR.

The first video in the series is The Disciplinary Hearing and, whilst it may not be something people relish having to deal with, it is one of the most important ares of HR. Going through the proper procedure is essential for any business if they are to avoid mistakes which invariably end up costing the organisation time and money.

We hope you enjoy the video and find the information useful to you. If you would like to chat to someone about a specific case or, you would like to find out how Empire can work with you, please give us a call on 01224 701383, we will be happy to have a coffee and a chat with you. Alternatively, you can complete the short enquiry form on our web site and someone will contact you.

We will be posting all of these resourceful videos on our network site - Empire Wire, please take a minute to visit the site and join our network where you can engage with other people involved in HR and, get some very useful information about the HR industry. Join Empire Wire here.

If you have found this video useful, there is a possibility that other people in your online community will also be interested in it, please use the Facebook and Twitter buttons below to share this post with them.

You can also follow us on our Facebook Page here.

The Importance of Social Media Marketing to Businesses

2010-12-14T10:10:00.006Z

Social Media Networking or Marketing as it is more commonly known is one of the most up and coming topics being discussed in the business world today. You will find numerous business publications covering articles on the theme of social media marketing, the importance it has to business and the ways in which to implement it within your company and so on.

Generally the majority of businesses are now trying to become more actively engaged in one or more of the numerous channels of social media that exist, for many different reasons. If planned and executed properly social media marketing can position itself to be one of the cheapest and most effective methods of online marketing and promotion for your business or organisation. If your business’ social media marketing is not well planned and executed, this could result in potential disaster for your company.

There are numerous reasons as to why any company or organisation should turn towards thinking about using social media marketing as one of their marketing and promotional resources. This of course solely depends upon several factors. These are; your company profile, the products and or services that you provide and your customers themselves etc. Progressively the importance of an effective social media campaign is on the rise for the majority of all companies today.

Below will illustrate some of the fundamental benefits that strategic social media marketing could bring to your business.

1. Branding
Companies can utilise social media channels as a way of increasing and expanding its willingness and reliability which could ultimately result in improved company branding through enhanced brand recognition amongst already existing customers and equally potential customers too. Social media marketing allows companies to have two way channels of conversation with their customers, which in turn builds a significant amount of credibility amongst its customers.

2. Lead Generation
Lead generation is another reason why companies should opt towards using social media campaigns. Lead generation is an integral part of a company’s success and social media marketing strategies and campaigns can help in targeting the most relevant target markets.

3. Engage with your customers
Social media channels assist in making it easier and more flexible when it comes to engaging with your customers. Customer engagement is the most significant benefit that social media marketing can bring. This facilitates in retaining the company’s existing customers and also increases the company’s brand integrity. During the recent economic downfall, a great deal of companies succeeded in retaining their customers with the support of customer engagement through the use of social media channels.

4. Generate Relevant Traffic
Traffic generation is the primary purpose of all online marketing campaigns. Social media sites are extremely effective examples of traffic generation at its utmost. There are also various niche social media channels which make it easier to generate relevant and high quality traffic to any particular website.

5. Getting Customer Feedback
Customer feedback is the backbone of any business and the feedback that is received helps in improving the products or services as per the customer’s requirements. Since social media channels helps in making customer engagement much easier, customer feedback is always near the top of the agenda and you can continuously expect helpful customer reviews and feedback which in turn help improve products or services to their ultimate best. With customer relationships being an integral part of the growth of any company, when customer relationships fail, the company and its operations are also bound to fail. Social media channels help in forming strong bonds between the customer and the organisation and thereby increases the stability of the company.

6. New Products or Services
There is no better means of a more consistent or cost effective media source than that of the social media sites, to inform customers about up and coming releases of new products and services. Social media channels assist in making straightforward ways of spreading news of new products or services to the specified targeted audience.

7. Market Trends
Social media sites allow you unrestricted access to information about up and coming trends and also the preferences of the customers which allows you to act accordingly. Knowing what preferences your customers have and the trends that will be forthcoming, makes it easier for your business to enhance and alter your products or services to meet these new customer wants and needs, and also to plan your online marketing campaigns in much more effective and direct approach.

8. Search Engine Status
Search engines are the most consistent and dependable generator of traffic for any website. Effective social media campaigns can have a significant influence on your search engine rankings. Since most of the search engine giants are using real time search results, social media updates and bookmarks will help increase your site positioning in the overall search engine rankings.

Royal Public Holiday - Are your staff entitled to the day off?

2010-11-26T15:22:00.008Z

The world is currently fascinated with next year’s Royal wedding of Prince William and Kate Middleton and Westminster and Holyrood governments have both declared that the big day planned for 29th April next year will be a national celebration and marked with a public holiday.

The announcements by Prime Minister David Cameron and First Minister Alex Salmond, means there will be two consecutive bank holiday weekends resulting in millions of employees working a three-day week. This substantial loss of working time will be costly for every business but it may prove to be particularly disruptive in the current economic climate when businesses are facing tougher times.

Mr Cameron and Mr Salmond’s declaration of an additional public holiday in 2011, may have given UK workers the impression that they are entitled to the day off to join in the Royal celebrations with the rest of the nation, however this is not the case.

Leading Aberdeen-based HR and employment law firm, Empire HR, is encouraging businesses to think ahead about how they wish to approach the forthcoming celebration in the workplace as it is not compulsory to shut up shop.

According to Empire HR, a national day will not automatically mean an extra days holiday. Companies do not have to honour the new holiday and employees should refer to their contract of employment to check their holiday entitlement. However, since the wedding will be an historic and momentous occasion, it may be mean spirited if a company doesn’t join in with the celebration and honour the public holiday.

A similar situation arose with the extra public holiday granted for the millennium. At the time a tribunal case considered contractual rights to holiday entitlement and ruled that unless it was clearly stated in the contract of employment, the employee would not be granted an additional day’s pay.

CEO of Empire HR, Steve Cook, is urging managers to examine the company approach to public holidays. He said; “Many contracts of employment state an employee is entitled to a fixed number of public holidays. Anyone who has a fixed number of public holidays written into their contract will not be entitled to the additional day off. As a result, anyone wishing to take the day off would have to book the day in accordance with their company annual leave policy. “Only employees whose contracts state the employee is entitled to all public holidays would be entitled to the extra day off. Of course it would be open to generous employers to give all employees an additional day off regardless of their contract terms.”

Empire HR provide commercially focused employment law and HR support service including a telephone advice line, HR Consultancy, employment tribunal insurance and health & safety support for businesses across Scotland. Empire HR can assist businesses on all aspects of holiday entitlement. For further information, please contact Empire HR on 01224 701383

Winter safety checks for drivers

2010-11-23T10:20:00.006Z

As winter draws ever nearer drivers are already starting to wake up to frost filled mornings and ice covered cars. The following acts as winter checklist for drivers wishing to stay safe and avoid a frosty morning drive.

It is always best to prepare your vehicle for winter as early as possible. As winter approaches give your car a pre-winter once over. Many garages will give your car a winter safety check for free. However if you can’t manage to make it to a garage here are a few tips to help you keep your car safe this winter.

Firstly make sure that you allow yourself plenty of time in the morning to make sure that your car is defrosted properly so that it is therefore safe for you to drive away.

Check your levels of anti freeze, replace any damaged wiper blades, stock-up on de-icer and buy a window scraper and some clothes: one to clear condensation from the inside windows and one to clean lights and exterior windows.

Window wipers are usually forgotten about and they can be easily damaged in the frost. Turning on your wipers whilst they are frozen is one way to damage them as they may be frozen and turning them on may cause the motor to break or the wiper blade it’s self to snap or buckle. To avoid accidentally damaging them this way make sure you turn them off when leaving your vehicle parked over night. This will stop the wipers from coming on when you start the engine the next morning.

If your windows are frosted over, start by starting your engine and leaving your car to run for a few minutes in order for it to heat up a little. If your windows are still frosty use some de-icer or a scraper. Never pour hot water over your windscreen as this can cause your windscreen to crack especially if your windscreen already has a small chip in it and this can then lead to further problems such as a cracked windscreen.

Do not ignore your lights. Make sure the plastic light covers are also free of ice and frost and that your bulbs are in full working order.

Make sure that your tires have plenty of tread and are the correct pressure. The minimum legal tread limit is 1.6mm but most manufacturers recommend 3mm.

Also check your oil levels regularly. The oil mark should be between the two marks on the dipstick, but preferably nearer the minimum mark.

In adverse weather conditions make sure to keep your distance from the car in front as the adverse weather conditions may affect your stopping distance.

Extention of flexible working hours

2010-11-16T10:07:00.002Z

The Employment Relations Minister has confirmed the Government is likely to extend the right to request flexible working to all parents with a child under 18. Expected to be implemented in April 2011, the change will mean approximately 300,000 more employees could make a request. The Government is expected to announce a consultation on the extension of the right to request flexible working to all employees later this year.

Focus on ...Compensation

2010-11-16T09:40:00.009Z

Recent tribunal statistics demonstrate the shocking amounts of compensation awarded in discrimination claims. The statistics reveal a 56% increase in accepted claims, obviously a cause for concern for businesses. Interestingly, compensation awards for Disability Discrimination claims are highest, resulting in an average award of £52,087!

Empire HR has drawn up a list of average compensation awards for each type of discrimination:

TYPE OF DISCRIMINATION	AVERAGE AWARD	BIGGEST AWARD
Disability	£52,087	£729,347
Sexual Orientation	£20,384	£163,725
Sex Discrimination	£19,449	£422,366
Race Discrimination	£18,584	£374,922
Age Discrimination	£10,931	£48,710
Religious Discrimination	£4,886	£9,500

When considering these figures it's important to bear in mind that a very high percentage of claims are actually settled before it gets to the tribunal stage. The figures also fail to take into account the legal fees incurred by businesses in defending the claims.

Employer Tribunal Nightmares

2010-11-12T15:15:00.005Z

In the last year, there has been an increase of more than 50% in tribunal cases against employers with the economic downturn being blamed for the unprecedented rise.

Unfair dismissal is one of the most common type of claim but certainly the most expensive for an employer. Over 120,000 unfair dismissal claims were made in the last year, with average pay-outs of £8,000 up to a maximum of £76,700.

Leading Aberdeen-based employment law, HR and health & safety firm, Empire HR, is urging businesses to ensure there are certain procedures in place to avoid potential tribunal claims.

The firm says business leaders and managers should be taking a fresh look at their disciplinary policies and working practices to ensure that the risk of a claim is minimized.

Research has shown there is a increase in the willingness among employees to raise claims against their employer or former employer. Claims can now be made online making the process more accessible and with employees struggling to find another job they are much more likely to resort to litigation.

CEO of Empire HR, Steve Cook, said: “In the current economic climate, the effects of a successful claim could be disastrous for a business. It’s worth bearing in mind that it’s not just the actual compensation that costs the business money, as the time and resources spent on defending the claim can also severely affect the day-to-day running of a business.”

Mr Cook continued: “The rise in the number of dismissals over the past year, combined with the increasing awareness that employees have of their rights in the workplace have had a disastrous impact upon businesses.

“Factors such as the availability of legal information on the internet, the difficulty in finding new jobs, and the resulting poor financial situation of former employees means that people are more likely to file a claim than ever before.”

The good news, however, for employers is that statistics show employers with legal representation are more likely to be successful in defending any claims brought against them by former employees.

Here are ten employment tribunal stories that have been faced by some UK organisations:

Council facing potential pay out of £600m in equal pay case
Birmingham City Council is facing a hefty pay out after around 5,000 mainly female workers won their case for equal pay at a tribunal. Unions claim some female workers may be owed £30m in back-pay for bonuses paid only to their male counterparts. It is estimated the pay out could be up to £600m.

City lawyer awarded millions
A London lawyer who accused her bosses of destroying her career with a sexist bullying campaign accepted a secret pay-out of millions to drop her claim. She had been claiming a record £19million compensation deal over allegations that intimidation and sexual discrimination had left her 'mentally disabled'.

Hospital chief executive awarded £1.2m
The Royal Cornwall hospital had to pay-out £1.2 million to its former chief executive after he won a case claiming he was unfairly dismissed as a ‘whistle blower’.

Gay manager awarded £118,000 after only eight days of employment
A gay media sales manager was sacked after just eight days with a company because he was apparently not ‘psychologically balanced’. A tribunal heard the Glasgow man had been harassed and on one occasion been told he looked like a ‘cream puff’. He was awarded the compensation for discrimination on the grounds of his sexual orientation.

Company director awarded £68,000 for wrongful dismissal
A security company director was sacked under the grounds of the business’s financial difficulties. The director was apparently told by bosses he had to go due to lack of business, but when he was unable to find a new job the case was ruled as unfair dismissal and breach of contract, forcing the company to award him £68,000.

Teacher awarded £63,000 after unfair dismissal
A teacher in Blackpool won his case and was awarded £63,000 for unfair dismissal after imposing discipline on a disruptive pupil. The disciplined pupil claimed that she was unfairly treated which cost the science master his job leading to the unfair dismissal case.

£45,000 pay-out for cafe worker after being refused maternity pay
A cafe worker from Northern Ireland was awarded £45,000 for unfair dismissal. The woman
was working as a full time manager in the café for around 40–45 hours per week, however, the
owner had only been putting her down in the books for working 15 hours a week. When the
worker fell pregnant, the owner then claimed she didn’t qualify for maternity pay, prompting
the employee to raise a claim.

Accountant awarded almost £40,000 after unfair dismissal
An accountant from Perth was awarded £40,000 after being fired from his job accused of spending a “ridiculous amount of time” on the internet during working hours. It was later found that the management of the company had no idea how to interpret the internet usage reports and therefore the dismissal was treated as unfair.

Barmaid awarded more than £14,000 after text sacking
A Dundee barmaid who was sacked by text message by her boss was awarded more than
£14,000 at an employment tribunal for unfair dismissal. The barmaid, who had slept in for her
shift during the festive period, had previously worked 11 hours the day before her dismissal.
The barmaid was awarded a further £1,296 for breach of contract after being left alone in the
bar for more than two hours by her employee.

Wheelchair worker awarded £6,000 after being nicknamed by boss
A worker in a wheelchair who was nicknamed ‘Ironside’ after the disabled 1970s TV detective won a £6,000 payout for his ‘violated dignity’. Ironically, the ill-advised quip was made by a manager at a firm that helps people with disabilities return to work. The claimant took the company to a tribunal after finding out that he was being referred to as ‘Ironside’ behind his back.

Empire HR Ltd can assist businesses on all aspects of disciplinary action, from drafting the
disciplinary procedure to representation at tribunal.

For further information, please contact Steve Cook on 01224 701383 or email
s.cook@empirehr.com

Winter blues in the workplace

2010-11-12T15:04:00.011Z

As the winter months loom, the dark mornings and dark evenings leave many people feeling a little under the weather and not in the mood for work which leads to an increase in absence rates in the workplace.

Getting out of bed in the dark mornings can affect moral and have many people reaching for the duvet rather than the alarm clock. Low morale increases at this time of year leading to higher absences from work leaving employers with a costly problem.

The latest research by the CIPD reveals that, on average, sickness absence costs employers £692 per employee every year. Sickness absence also represents 3.1% of working time.

In 2009 absence levels stood at an average of 6.4 days per employee and research indicated that a staggering 180 million working days were lost to absence in 2009.

Leading Aberdeen-based employment law, HR and health & safety firm, Empire HR, is urging businesses to ensure they have the right procedures in place to handle absences at work as the winter months approach.

The current economic climate means that it is increasingly important to ensure that businesses are as efficient as possible. Successfully curbing absence costs could make a real difference to a business – potentially saving jobs.

Empire HR say the poor weather, post-summer and holiday blues along with the long wait for the next break from work creates a lack of enthusiasm for many employees who decide not to turn up for work in the morning.

Research found that two in five workers see less than half an hour of daylight during the winter working day and one in 10 sees no daylight at all, leading to slumps in productivity and motivation.

To combat this issue, some businesses introduce daylight initiatives in the winter months giving employees the option to attend work an hour later or finish an hour earlier and such schemes have seen an increase in staff morale.

Employees pulling sick days out of work are not just costly to the employer but also to their fellow work mates. Workload needs to be allocated to other employees leaving some overworked and this in turn can lead to further absences.

There is growing evidence that the longer the period of absence, the harder it is to return to work.
Most short term absence is self certified but there are a number of effective ways of managing this issue.

Return to work interviews

Disciplinary procedures for unacceptable absence

Use of trigger mechanisms to review attendance

Involvement of managers in absence management

Provision of sickness absence information to line managers

Restricting sick pay Training managers to handle absences

Involvement of occupational health professionals

Return to work interviews can help ensure that short term absence problems are identified at an early stage. They also provide managers with an opportunity to start a dialogue with staff over underlying issues which might be causing the absence.

CEO of Empire HR, Steve Cook said: “Absences in the workplace is costly, and the use of disciplinary procedures leading to dismissal for unacceptable absence may be used if organisations wish to make it clear that unjustified absence will not be tolerated. Overall, employers must have a clear policy in place that spells out rights and obligations when taking time off work due to sickness.”

Sickie Facts:

One in three sick days falls on a Monday

More days are lost in January than any other month

Musculo-skeletal conditions are top cause of all absence

Sick leave amongst women is 24% higher than amongst men

If you need help on any absence management issues contact Empire HR on 01224 701383.

Case Law: Employer liable for loss of earnings resulting from reference

2010-11-11T09:20:00.000Z

The case of Bullimore v Pothecary Withan Weld Solicitors and another (UKEAT/0189/10) has highlighted the potential risks incurred by providing a bad reference.

Ms Bullimore placed a claim after discovering that her previous employer had provided a very poor reference to her new employer. The new employer withdrew the offer of employment after receiving the reference which informed them that Ms Bullimore had raised a sex discrimination claim against them, was inflexible and had a poor working relationship with the firm's partners.

The Employment Appeal Tribunal held that the previous employer was liable for Ms Bullimore's future loss of earnings.

This case highlights the importance of ensuring managers are aware of potential consequences of the references they provide. In most circumstances, the safest option is to provide factual reference which only confirms the dates they have been working for the company. The reference should also state that it is company policy to provide factual references (to prevent a future employer drawing negative conclusions).

Please contact Empire HR if you would like advice and support with writing a reference.

Too fat to drive?

2010-11-09T14:51:00.004Z

A bus company in Lancashire has suspended two drivers because of their weight. They have been ordered to lose 7lbs in a month and then new targets will be set. The company claims the decision is justified on the grounds of health and safety but it has been criticised by some local politicians who point out that driving a bus is a sedentary role.

Case Law: Pregnancy gossip could amount to harassment

2010-11-09T14:41:00.003Z

The case of Nixon v Ross Coates Solicitors and another (UKEAT/0108/10) has confirmed that gossip relating to a pregnancy can amount to harassment and discrimination. Ms Nixon was seen kissing a colleague at the work Christmas party and going into a hotel room with him. When she announced her pregnancy a few weeks later, the HR manager openly speculated and engaged in gossip about who the father might be.

Ms Nixon raised a grievance about the gossip and conduct of the HR manager, but it was not upheld and the time she took off work as a result of the issue was unpaid.

Ms Nixon subsequently won a claim for constructive dismissal and sex discrimination.

The Employment Appeal Tribunal held that since the gossip, conduct and unpaid time off work was related to her pregnancy it was covered by the Sex Discrimination Act and met the definition of Sexual Harassment.

Tribunal Case Horror Stories - Trick or Treat?

2010-11-05T16:28:00.003Z

Over the past year, tribunal cases have more than doubled in the UK, with the economic downturn being blamed on the unprecedented rise.

Steve Cook, Chief Executive of Empire HR based in Aberdeen discusses this with the Press & Journal.

In this article you will see some case studies that are more of a trick than a treat to employers!

Anticipated surge in discrimination claims

2010-11-02T11:16:00.003Z

With The Equality Act coming into effect as of 1st October collating and replacing most existing discrimination legislation, the Act is likely to result in a surge of tribunal claims in the next few months. With the increase in protected characteristics from six to nine plus the introduction of protection from perceptive and associative discrimination it seems likely that employers are increasingly likely to be faced with a tribunal claim.

This is particularly worrying because the Tribunal Service has already reported a sharp increase in the number of claims placed, even before the introduction of the Act.

It is more important than ever to ensure policies covering equal opportunities and discrimination are up to date and to provide adequate training to managers on how to recognise and deal with potential issues before the escalate.

Richard Prentis, employment law consultant at Empire HR has been advising clients to be more alert than ever to the risk of a claim "The Equality Act obviously exposes employers to a greater risk of a claim because more people than ever will be protected by discrimination legislation. However, it is possibly to mitigate risks. Provided expert advice is sought, you should be well placed to defend such a claim".

Empire HR can provide support and assistance with managing employees who are protected by the Act. In the event that an employee does place a claim, the Empire HR Advocacy Unit can defend the claim and provide representation at tribunal.

Proposal to Increase Unfair Dismissal Qualifying Period to two years

2010-11-02T09:37:00.004Z

At the moment the Government is actively considering an increase in the qualifying period for unfair dismissal from one year to two years.

The timetable for decision is yet to be announced and it is very likely that there will be a consultation period (about this and other employment law issues) first.

If the change in the qualifying period occurs, it will be moderately good news for employers but bad news for employees. In theory this would mean that employers would have an extra year to dismiss an employee unreasonably. But the employer could still face allegations of discrimenation or unfair dismissal claims where no qualifying period is required. This would include things such as whistle blowing and certain health & safety, maternity and trade union related dismissals. With these claims tending to be more expensive to defend than 'ordinary' unfair dismissal claims, it is unclear whether employers will find this proposal an entirely favourable change.

Spooky halloween tips from Empire HR

2010-10-28T11:27:00.001+01:00

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

2010-10-26T10:18:00.002+01:00

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

2010-10-19T12:14:00.009+01:00

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

2010-10-19T11:58:00.007+01:00

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

2010-10-19T11:00:00.006+01:00

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

Agricultural Fatalities

2010-09-30T10:36:00.005+01:00

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

2010-09-30T10:17:00.006+01:00

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!

2010-09-30T09:50:00.002+01:00

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

2010-09-30T09:49:00.006+01:00

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

2010-09-30T09:49:00.005+01:00

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

2010-09-30T09:48:00.010+01:00

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

2010-09-30T09:48:00.009+01:00

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

2010-09-30T09:47:00.006+01:00

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

REMINDER!!!

2010-09-30T09:47:00.002+01:00

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

2010-09-30T09:35:00.003+01:00

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

Secrecy Clauses

2010-09-24T16:49:00.008+01:00

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

2010-09-24T16:39:00.003+01:00

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

2010-09-24T16:24:00.008+01:00

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?

2010-09-24T16:15:00.004+01:00

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

2010-09-17T16:20:00.001+01:00

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.”