Empire's new Training Calendar provides an easy way to add relevant courses to your calendar

We're delighted to announce this year's Training Courses from Empire; we have a comprehensive range of courses to help you keep up to date with employment law legislation and health & safety responsibilities.  In addition we have a number of courses designed to help you manage your business.  Take a look at the list below which include links to our Training Calendar that will give you booking details and an easy way to add relevant courses to your own calendar.

If you need any further information on our courses please email us or, visit the web site which is updated on a regular basis with all the latest details.

EMPLOYMENT LAW UPDATE
Employment Law has recently been in the headlines for the ‘radical’ changes being contemplated by the coalition government; but these aren’t the only changes to affect Employment Law – what about Agency Workers; Holiday Pay; National Minimum Wage Law; Redundancy Law, TUPE Law and Unfair Dismissal to name a few areas which have seen changes in the past year.
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RESTRUCTURING, REDUNDANCY & MERGERS
A practical workshop highlighting key legislative and employee relations considerations for any business undergoing change with a focus on legal compliance.
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DIRECTOR’S RESPONSIBILITIES
Empire’s in-house Barrister, Craig Bennison will look at Director responsibilities from an HR; HSE perspective, while restructuring and business improvement expert, Neil Armour from Eagle Orchid Management Services will share some of his vast experience of advising management in distressed and rapidly growing organisations.
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WITNESS FAMILIARISATION
If you are facing an Employment Tribunal and are unsure about what will happen on the day, you can turn to Empire for support. We currently offer a new specialist preparation day of Witness Familiarisation Training, in readiness for any forthcoming cases. The course is recommended for anyone who has not previously given evidence at an Employment Tribunal or who may be feeling nervous about the prospect of doing so.
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HEALTH & SAFETY
IOSH Managing Safely, NEBOSH General Certificate and CIEH Health & Safety courses are available to enable people to assess and control workplace hazards and understand their health and safety responsibilities.
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CUSTOMER SERVICE
Delivering good customer service for any business is a learned skill and a key point of difference. Our workshop has been developed using two methods “you make the difference” and the world famous “fish” customer service experience.
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EFFECTIVE INVESTIGATION SKILLS
Effective Investigations are an integral part of any disciplinary or grievance procedure. This workshop will give guidance on the scope of investigations, sources of evidence, witness statements and questioning skills.
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MANAGING CHALLENGING SITUATIONS
This session will offer guidance on conduction sensitive discussions with employees with a focus on attitude and behavioural issues, capability and underperformance.
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INTRODUCTION TO MEDIATION
An introduction to the resolution of workplace conflict through alternative path, with a ‘How to’ guide for managers on conducting information mediation.
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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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A breakdown on the Changes to Unfair Dismissal Rights

Changes to Unfair Dismissal Rights

In November 2011 the Government announced its intention to increase the qualifying period required for employees to make unfair dismissal claims at employment tribunals from one to two years’ service. This change will take effect from 6 April 2012 however it is important to note that this will only apply to employees whose start date is on or after 6 April 2012. Businesses will therefore need to be vigilant when considering dismissals for employees who started prior to that date as they will still be able to bring a claim after only one year’s service.

The purpose of the change is to allow businesses more time to resolve employment difficulties and to hopefully reduce the number of unfair dismissal claims placed at tribunal. However it is important to be aware that employees may still raise other claims which are not dependent on the two years’ service requirement.

It is important to note that the change to the qualifying period will not remove the risk of discrimination claims as no qualifying periods apply to these claims. In additional there are a number of exceptions to the qualifying period which will remain.

It is anticipated that the increase in the service requirement for most unfair dismissal claims to two years may result in an increase in employees seeking to make alternative claims as described above. As such it will be important for businesses to seek advice in any circumstances where they are considering the dismissal of an employee to ensure that the risk of any claim being made is minimised. Please contact the Empire Advice Line team if you have any queries about these changes, and especially if you are looking to terminate an employee’s contract of employment.

Can Employees Working Abroad Claim Unfair Dismissal?

Ravat v Halliburton Manufacturing and Services Ltd [2012] UK Supreme Court

In the light of Lawson v Serco [2006], the Supreme Court considered whether an employment tribunal had jurisdiction to hear a complaint of unfair dismissal in relation to a British citizen, living in England, who worked for a British-registered company in Libya on a month-on, month-off basis.

The Court held, dismissing the employer’s appeal against the decision that an employment tribunal did have jurisdiction to hear an unfair dismissal complaint. The Employment Rights Act 1996, ss 94(1) (right not to be unfairly dismissed), 230(1) (definition of “employee”) did not contain any geographical limitation, although some limitation must be implied. Distinguishing Lawson, the question of law was whether s 94(1) applied to this particular employment. It was not for the courts to lay down a series of fixed rules where Parliament had decided not to do so. Their role was to give effect to what Parliament may reasonably be taken to have intended by identifying and applying the relevant principles. The question of fact was whether the connection between the circumstances of the employment and Great Britain and with British employment law was sufficiently strong to enable it to be said that it was be appropriate for the employee to have a claim for unfair dismissal in Great Britain.

The Ravat decision can certainly be viewed as an employee-friendly one – the majority of overseas worker cases will now most likely be caught by s.94 if a long enough list of factors can be produced – but it is open to question whether this is quite what Parliament had intended. Instead, the tribunals are left with a lengthy fact-finding exercise combined with a distinct lack of clarity as to what the relevant facts they should be finding are. From now on, when establishing the scope of s.94(1), anything, it seems, goes.

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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Hot of the press...

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

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, new pension rules will begin to be phased in, requiring employers 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, and the legal requirement to enrol will be gradually rolled out between October 2012 and April 2017, starting with businesses with more than 120,000 employees

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

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

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

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


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

These were:

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

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


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

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BAN ON SMOKING IN CARS

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

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

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

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

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

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

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

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

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

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

If you have found this post interesting please use the "Share" buttons below to tell your online community about it, there's a good chance they will find it interesting too. Thank you.

 

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