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Safety Matters Q1

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Caring during a cold snap

It’s not too often each year that we have to contend with snow and the disruption it brings. But recently it has been one of those times. It sure has been cold, although not quite to the extent of the polar vortex in the States.

Extremes of temperature present particular problems to the care sector, where you are often dealing with very vulnerable people.

A report was published in December 2018 which found that a pensioner died in a freezing care home in 2016. The central heating had broken three weeks previously and had not been fixed. The 1960s heaters were known to be in poor condition before they broke down.

Already unwell with a chest infection and without medication because the care home had faxed the prescription to the wrong chemist, the 95-year-old was stuck in a room in which the window did not close properly, letting in a freezing draft. Early one morning staff became concerned and called the emergency services.

The ambulance crew found the pensioner with a body temperature 9°C below normal levels at just 27.5°C and sadly she passed away. The inquest found the cause of death to be bronchopneumonia and hypothermia.

In England the Care Quality Commission (CQC) is the enforcing authority for patient and service user health and safety. The Health and Safety Executive (HSE) takes this role in Scotland and Wales. The CQC rated the care home as inadequate and it shut down in 2017. The manager or care home owner may yet be prosecuted under the Health and Safety Act.

Clearly, during cold weather it is vital to have heating equipment appropriately functioning to keep the premises at comfortable temperatures. And that your property is maintained so that windows close as they should. Annual servicing and regular maintenance checks are important to achieve this – just waiting for problems to show themselves during a deep freeze is not acceptable.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is relevant here. These state that premises and equipment must be properly maintained which means holding a sufficient budget for such maintenance.

A good risk assessment will help to identify where things could go wrong and put suitable contingency plans in place to address them.

While temperature control may be particularly important in a care setting, maintaining heating equipment is also relevant to all workplaces.

Movement of goods risk assessments –
A must have for all businesses?

From offices to warehouses, pubs to shops, most businesses will handle or receive goods. It may be a key part of your daily activities, or it could be more occasional. Either way, it’s essential to have carried out a movement of goods risk assessment.

Because there are so many types of organisation (and therefore issues) to regulate, the Health and Safety Executive (HSE) and local authorities coordinate a national Moving Goods Safely project. Either the HSE or your local authority could be the enforcement authority, depending on the nature of your business. And it can be costly if you get it wrong.

Colchester Borough Council successfully prosecuted the fourth largest pub company in the UK for health and safety failures in this area.

In October 2017 an accident whilst unloading a drinks delivery left an employee with broken fingers. The injury was caused by an unsecured cellar door falling shut. The local authority found that gas struts designed to allow the door to open and close safely had been removed and not replaced the year before. Moreover, there were no controls in place to stop someone falling down the cellar shaft.

As you might imagine, appropriate risk assessments were found not to be in place for the delivery of goods. Showing the severe consequences of getting this wrong – beyond the harm that came to the employee – the company was fined £100,000 plus costs and a victim surcharge. If you need help preparing or reviewing your movement of goods risk assessment, call The H&S Dept today.

H&S concerns impact
university expansion

In a reminder of how health and safety can impact organisational growth plans, the University of Chester may have to move its Faculty of Science and Engineering from Thornton Science Park. The site opened in 2014 and 500 students are based there.

This follows an intervention from the Health and Safety Executive (HSE) after the university applied to change the site’s use from business to educational in order to aid future planning applications.

However, the HSE consider there is a risk to students as the science park is situated within the inner zone of a hazardous installation – The Stanlow Oil Refinery. The HSE classify students as members of the public, bringing in extra health and safety considerations. The university want them classed as employees and subject to site security procedures.

Whether you are an academic institution or another organisation with big growth plans, ensure you do your H&S due diligence before implementing expansion plans.

Health and Safety Myth Busters

Many people go to nightclubs to cut loose. And whilst out for a good time, punters may sometimes do things that aren’t in their own best interests. Venues have a responsibility not to allow people to break the law. And they are also bound by stringent health and safety regulations. But where do they draw the health and safety line?

The HSE myth busters panel have highlighted two occasions in recent months when nightclubs have “blamed” policies on health and safety law, when in fact it’s their own management decisions. The problem is, this gives good health and safety advice a bad name. So let’s look where they got it wrong.

Banning headbanging

Headbanging – the dancing practice of violently but rhythmically shaking your head – cannot be very good for the old brain cells. But it’s a personal choice and there is no legislation prohibiting it. One nightclub incorrectly hid behind H&S when telling clientele to cut out the headbanging.

Lick-sip-suck stop!

In another case a nightclub barman refused to serve salt and lemon with tequila. This prevented the shot being enjoyed in the famous lick the salt, sip the drink, suck the lemon fashion. As with headbanging, it may not be too good for your health to down shots of tequila, but it’s not against the law for adults to drink it with these accompaniments.

The ABCs of asbestos

For businesses involved in property, such as landlords and construction firms, asbestos risk should be firmly on the radar.

Asbestos can be found in all manner of construction materials used prior to the year 2000. Considered not to pose a direct risk when undisturbed, these materials release fibres into the air when disturbed which, if inhaled, can cause fatal diseases like asbestos-related lung cancer and mesothelioma. The effects are long-term, with 20 tradesmen a week dying from past exposure.

The Control of Asbestos Regulations 2012 primarily govern this risk. When any work is carried out on buildings where asbestos may feature you need to determine if it’s present and the form and condition it is in. If present, or you are unsure, you’ll need to conduct a risk assessment.

Most work with asbestos needs to be carried about by an HSE-licensed contractor. While some activities do not have this requirement, they may still require special procedures. These are called notifiable non-licensed work. Anyone who may disturb asbestos during their normal work activities needs to be appropriately trained.

A Birmingham Magistrate’s Court recently fined a landlord and building contractor after they caused large amounts of asbestos fibres to be released at a rented property. Making fundamental errors, the landlord should have commissioned an asbestos survey and the builder should not have commenced work without seeing and being guided by the report of such a survey.

The risks are high and the regulatory obligations wide-ranging. So if you need help getting the basics right with asbestos, talk to us at The H&S Dept

People Matter January 2019

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Finding flex appeal

With unemployment at historically low levels, and staff turnover a problem for many businesses, flexible working is one way to differentiate yourself. Or at least keep up with what your competitors may be doing. Indeed, the government are keen to see as many jobs as possible advertised as flexible, and may legislate in this direction.

Currently, the law says that whether you promote flexible working or not, you must deal with a request for flexible working in a reasonable manner. For instance, weighing up the pros and cons, discussing the request with your employee and making an appeal process available.

That said, you’re not obliged to accept a request if it does not work for your business – just act reasonably or you could be penalised by a tribunal.

It’s worth noting that flexible working is a bit of a catch-all term. It could relate to working hours, the location where work is carried out or something else specific to your business. Part-time hours are the most popular form of flexible working, with flexitime, term-time hours and annual-hours contracts also popular.

Flexible working is often seen as an attractive and inclusive perk. So it can boost recruitment, widen your talent pool, and improve retention by promoting staff loyalty and engagement. Research even shows it can make your staff more productive.

If there are no insurmountable obstacles and you are planning to trial flexible working, you’ll naturally be concerned as to whether you’ll be able to manage it effectively. This is why consideration into how it will impact service is important. Likewise, an appraisal of your business culture – Could overtime be abused? Or do managers need retraining to recognise work completed rather than presenteeism?

You might need to review your IT systems to ensure they run smoothly. Embracing cloud software solutions for your staff may be required, and perhaps absence management software, such as that which is built into our own HR Toolkit.

To explore the benefits and feasibility of flexible working at your company, why not talk to your local HR Dept today?

Five New Year’s resolutions
from The HR Dept

One. Address that underperforming employee. It’s easy to put off, but underperformance is a major drag on business, impacting any or all of service delivery, morale, profits and opportunity-cost.

Two. Look into new learning and development opportunities. Continuous learning is a key to success and helps engage staff. It doesn’t have to be formal training. How about some monthly in-house knowledge-sharing sessions, led by different team members?

Three. Check your contracts and employment statuses. The rise of the gig economy has led to many people being wrongly classified as self-employed. They’re taking their companies to court to claim the employment rights they’ve been denied.

Four. Carry out a risk assessment. Every business is legally required to have done this, but risks change over time. So why not ensure you’re still on top of health and safety in 2019?

Five. Plan a fun activity or team-building day. Now’s a great time to do this and lift the spirits in deepest, darkest January.

The small print

Legally, a written statement of terms and conditions of employment should be provided within two months of work commencing. But for sectors which experience high staff turnover, the recent decision of an employment appeals tribunal (EAT) judge effectively reinterprets this.

The case concerned three hotel workers, employed on short-term contracts who were dismissed for questioning persistent irregularities with their wages, including deductions, shortfalls and late payments.

Two of the workers were employed for more than two months and the third for only six weeks, and none received their terms and conditions. The EAT judge found that, having each worked for more than a month, each were entitled to have received terms. Automatic unfair dismissal was ruled in all three cases.

This sets a precedent and companies should now be looking to provide these terms (properly drafted, not copy/pasted from a template which may be incorrect or irrelevant) within one month, with the second month regarded as a grace period.

UK unemployment
at it’s lowest since 1971

Figures from the Office of National Statistics show that the unemployment rate in the UK is at its lowest since 1971. An estimated 32.48 million people are in work – 396,000 more than in the previous quarter (August to October 2018). This is made somewhat remarkable when the number of jobs that have been lost on the high street in the last 12 months are considered.

Research by the British Retail Consortium shows that 93,000 retail jobs were lost last year as big names such as Toys R Us, Maplin and Poundworld all went under.

And it’s not just retail jobs that have been lost. A leading accountancy firm reports that restaurant insolvencies in the 2017/18 year were up 24% on the previous year to 1,219. Just this month, Jaguar Land Rover announced it was shedding another 4,500 jobs.

So, what does all this mean to you as an employer? Well, on the one hand the talent pool from which you can recruit is potentially smaller than at any point in recent memory. This means it’s important to nail your recruitment processes to ensure you’re as competitive as can be. From writing your job descriptions to interviewing candidates, you need to get it all right. If you think you have an area of weakness here, talk to us.

But, on the other hand, is opportunity knocking? As we witness seismic shifts in the economy brought about by phenomena like the Internet and Brexit, you may be able to use the decline of some sectors to your advantage by offering retraining to experienced professionals who are looking to transfer into new areas of expertise.

The importance of
a good first impression

“Fail to prepare, then prepare to fail” is a maxim that’s often given to interviewees. But it can equally apply to the interviewer if you are to make a good impression yourself. To do this, your questions should be considered in advance. There’s an obvious need to avoid subjects that could breach equality law, such as pregnancy. And it’s also wise to steer clear of contentious subjects like politics, or pressing for answers too vehemently.

Think about the time and place of the interview, making sure they are reasonable and set the right tone for your company. Some people like to stage interviews in the informal setting of a café or restaurant. If you opt for this, ensure it’s not a place where you or your interviewee could be interrupted by acquaintances. For help upping your interview game, talk to your local HR Dept.

Fighting the January blues

The weather’s generally rubbish, the days are short, and many people are broke and on diets after Christmas. It’s not surprising January supposedly features the most depressing day of the year, known as Blue Monday. How does all this affect your team each January?

If productivity takes a dive or the atmosphere sours, showing a little awareness and taking a couple of proactive steps could work wonders. Think what will work for your team, of course. But for many people, encouraging achievable exercise goals – like a daily step challenge, for example – and simply getting some fresh air and daylight at lunchtime could be a great start.

People Matter December 2018

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Holiday how-to’s

Ok, so you’re navigating the seasonal rush (or lull!), you’ve survived the Christmas party, and then Tom asks if he can carry over two weeks of holiday. You’ve got big plans for 2019 – do you really want to be losing a team-member for that extra time if you can help it?

Firstly, if your holiday year ends in December, why has no one made sure Tom and the others have taken their holiday entitlement? Holiday legislation is covered by health and safety law on the basis that employees need time away from working. Many of the rules relate to this principle.

Managing holiday requests so that the business runs smoothly is important, and you might want to look at HR Dept Toolkit for next year. HR Dept Toolkit is software for making managing holiday requests and other HR admin simple.

Legally speaking, holiday entitlement is broken down into an EU required 20 days, followed by eight days covered by UK law (pro rata for part time staff). Finally, there’s any additional contractual leave that you as an employer provide beyond the statutory minimums.

Dealing with the EU’s four weeks first, the intention behind these is that everyone requires this for their health and wellbeing. Therefore, this cannot be carried over unless they have been on long-term sickness absence, when apparently according to the EU they still need time away from work. And so any holiday accrued during this period of sickness can be carried over. We know what you are thinking!

Thankfully, any holiday entitlement above the 20 days gets simpler after that and you make the rules. So you’re in control. Usually the eight days covers bank and public holidays and any more generous holiday will be detailed in the contract of employment.

With holiday bookings at their peak in January, contact us for a demo of HR Dept Toolkit to make managing next year’s requests simple.

It’s normal to chip dogs, but people!

The pace of technological progression never ceases to astound us. Driverless cars, virtual reality and advanced artificial intelligence are all here. But what about when technology goes too far and becomes a concern?

British and Swedish firms have developed working implant chips that companies can roll out into their workforces. Inserted in the fleshy part between the index finger and thumb, the chip can be used to open doors (replacing the need for ID cards) and store medical data.

With it being claimed that 150 people have been chipped in the UK and 4,000 others (mostly) in Sweden, this is yet another technology of tomorrow that is with us today.

It may send a shudder down the spine, metaphorically speaking. Whatever the perceived benefits, with any initiative as invasive as this, it’s important not to pressure employees into participating. If you are unsure whether, or how, to unleash a new technology on your team, talk to us to cover the HR angle.

Staff retention

A modest seasonal bonus could be worth its weight in gold to your employees as they look to have a merry Christmas. But it could be worth many more times its weight in gold to you as the employer.

January is a prime time when people look for new job opportunities. But a survey from an employee benefits company found that nearly half of UK employees who received a Christmas bonus or gift recently would not look for a new job. And about the same amount would not accept a job offer if they received one.

With the cost of recruitment stretching to as much as a year’s salary for some roles, it’s clear that a little Christmas bonus really could go a long way for you, as well as your staff.

The gig’s up

Another month, another court case about worker status. This time it concerns transport services firm Addison Lee. They have lost an employment appeal tribunal (EAT) initiated by three of their 4,000 private hire drivers. The drivers wished to be classified as workers rather than independent contractors. This would grant them rights such as National Minimum Wage and holiday pay.

The contracts between the firm and the drivers described them as independent contractors with no obligation to offer or accept work. However, taking a strong steer from a Supreme Court case, the EAT said it was right to look beyond the contract and consider actual working practices with a “realistic and worldly-wise” view.

They found that drivers typically worked up to 60-hour weeks and had to work at least 25-30 hours just to cover their fixed costs. They drove vehicles with Addison Lee livery and were told that they were representing the company at all times when in the vehicles. And that they might face sanctions if, without good reason, they turned down work offered to them.

The EAT concluded that it did all add up to worker status, rather than that of independent contractor as stated in the contracts.

There is place for all types of contract and some individuals will seek flexibility just as much as companies. However, what’s not right is for companies to impose false self-employment as a device to cut costs. This erodes workers’ rights, undercuts competitors who behave properly and short-changes HMRC, which, of course, ultimately costs everyone.

To avert this risk, you should review your contracts and ensure that they accurately reflect the true nature of working relationships. If you need help, call us.

Grant funding available for employing marginalised women

The UK government has announced a £600,000 pot for small businesses to help them employ vulnerable and marginalised women looking to return to work. Much government attention is already focused on gender inequality at board level of FTSE companies – with progress being made. So this support at the other end of the careers ladder is to be welcomed.

You can bid for a grant which can be used to fund training, refresher courses or offering work placements. £100,000 of the pot is specifically ringfenced for bespoke support to women who face multiple barriers to returning to work, including caring for people at home, limited English-language skills and mental health issues.

Diversity pays in the workplace, and this funding could help you diversify your workforce. For strategies to ensure you hire from a pool of all available talent, contact your local HR Dept adviser.

Deck the halls

Many organisations like to get into the Christmas groove and spruce up the workplace with tinsel and a tree in December. But spare a thought for a Texan lady who, having vehemently declared she didn’t want to see any Christmas decorations until after Thanksgiving, was pranked by her sister with a barrage of decorations worthy of Lapland itself. It was so over-the-top that she could do nothing but surrender to it. That aside, don’t let decorations get in the way of people doing their jobs. And remember that some items could pose a health and safety trip or fire risk.

People Matter November 2018

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Budget 2018

Last month, chancellor Philip Hammond delivered his 2018 budget. And as usual there were some announcements particularly relevant to employers. So here is our round up for SME business owners.

National living wage – This was introduced by George Osborne in 2016. In effect it’s an enhanced minimum wage for most people over 25. It was announced that this will rise by 4.9% in April, from £7.83 to £8.21 per hour. This will affect some sectors more than others. For businesses with low-paid workers such as in care and hospitality, we’d advise factoring these new rates into your budgeting for next year as soon as possible.

Apprentices – Apprenticeships are a useful option within the recruitment market if you’re looking to take people on and train them up in new skills. The government will significantly help to pay for the training, and in this budget it was announced that this help will be extended. Currently, as an SME with an annual wage bill of less than £3million, The Apprenticeship Levy does not apply and you only have to pay 10% of the training costs. The good news is that this will be reduced to just 5%. However, a date for this reduction has not been set.

IR35 – Originally introduced in 1999 this is a tax rule designed to stop freelancers and companies sidestepping tax through disguised employment. So very relevant to all the news we have about the gig economy right now.

Last year a requirement under IR35 was introduced for public sector organisations to deduct tax and national insurance from contractors. Now, it’s been announced that from 2020 private sector firms employing more than 250 people will be responsible for checking their contractors’ statuses and deducting the appropriate tax. And if they get it wrong, they will be liable for tax fines.

So IR35 is starting to affect the SME market more, and who is to say where it will stop? We regularly talk about the importance of getting the status of your workers correct in contracts at the outset. And this development in the budget only heightens the importance. If in doubt, call us.

Beware the Christmas bash

‘tis nearly the season to be jolly, and therefore, as your friendly neighbourhood HR advisers we need to begin our warnings about the dreaded office Christmas party. Here’s an interesting one concerning vicarious liability – that’s when a company is held responsible for the actions of other people.

In a recent Court of Appeal judgement, a company has been found vicariously liable for its managing director punching an employee at an after-party which followed their main Christmas bash. The assault resulted in brain damage and happened after a dispute about the terms given to a new employee.

The ruling is of interest because technically the incident did not occur at the company event. However, because of the seniority of the staff member, the fact he was asserting his authority, and that the company had paid for alcohol and the taxis to the after-party, there was a strong enough link for vicarious liability. Do plan your party carefully and remind all those attending of expected standards of behaviour.

How to Hygge at work

Cold winds, short days and rain… lots of rain. If our abrupt transition into Autumn has got you or your team feeling glum, you need a bit of Hygge (pronounced hoo-gah) in your workplace. Fresh from Denmark, it is the latest Scandinavian craze to sweep our shores. While there is no exact translation, it broadly means feeling cosy through your experiences.

So rather than merely turning the radiators up to 11, it is about creating warming interactions with your colleagues. It could be bringing cupcakes into the office to share impromptu, taking an extra coffee break and chatting about something other than work, or structuring tasks so that they are teamwork-based.

It’s certainly more charming than Kalsarikänni, anglicised to Päntsdrunk – a Finnish lifestyle trend to cope with the harsh weather which involves drinking at home alone in your underwear!

Landmark whistle-blowing case

In the classic MR James ghost story Oh, whistle, and l’ll come to you, my lad, a university professor is hounded by a spectre after discovering a relic whistle from a bygone age and blowing on it. He’s eventually set free from his haunting by the intervention of a retired colonel.

There can be similarly troubling consequences for employees who blow the metaphorical whistle when they uncover malpractice in their workplace. But instead of kindly colonels, there are robust laws in place to protect the employees. And the judgement in a recent court case has added further weight to these whistle-blowing laws.

The CEO of an oil company was first excluded from decision-making processes, and then dismissed, after raising concerns about the award of contracts in Africa and corporate governance. No notice period was given, the reason provided was that the firm only had a very small HR department and therefore couldn’t follow proper procedures. Ahem!

The employee won his original tribunal, the employment appeal tribunal and then the case at the Court of Appeal. What is most striking however is the size of the award – about £2 million – which was revised upwards during the appeals. And particularly that two individual directors were held personally liable in addition to the company.

It’s vital to be aware of whistle-blowing laws and identify whistle-blowing complaints at an early stage so that you can handle them appropriately. To do this properly you’ll need to train managers and staff. If you would like professional advice to understand the frameworks you need, training or help on an actual case, contact your local HR Dept adviser.

The problem with productivitytime wasting at work

It is not news that the UK suffers from low productivity – we are said to lag competitor nations such as Germany, France and the USA by one third. And worryingly, it is a problem that is getting worse. So what is to be done?

The Institute of Directors has recently published a major new report into the issue for SMEs (you can find it online). In it they make a list of recommendations. Many of these are directed at central government, but some can be considered directly by SME owners and managers. Encouraging knowledge transfer between higher education institutions and small businesses is one. And creating a culture of technological leadership within SMEs is another. If you are seeking to raise productivity yourself, these may provide a practical starting point for you to explore for your own business.

Sticks and stones

You might consider it’d be an open and shut case of harassment and discrimination at an employment tribunal: An overweight employee with type-1 diabetes and Traveller Community heritage dismissed after repeatedly being called names such as “fat ginger pikey” and “salad-dodger”.

But, in fact, the company won its cases at the employment tribunal and on appeal. Key factors in their favour were that the employee used coarse language at work himself and showed no umbrage at the time of being insulted. Also, that other colleagues left the company at the same time following poor performance, which was the company’s reason for his dismissal.

Safety Matters Q4

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When health & safety and equality law collide

In 2011, the default retirement age was abolished, meaning that companies could not automatically retire workers on age grounds at 65. Some people will welcome the opportunity to retire, but nowadays many workers will need or want to continue working.

Physical and mental health is strongly correlated to age, so this poses a problem for organisations. With no default retirement age, how do you monitor whether people have the physical ability or mental faculty to carry out their work?

This is especially risky when the job in question involves driving.

When a 77-year-old bus driver drove into the side of a supermarket in 2015, it resulted in the death of a pedestrian and a seven-year-old boy. The driver was diagnosed with dementia after the collision, and was found medically unfit to stand trial.

He had been previously warned about his “erratic” driving following four road accidents in the three years leading up to the 2015 collision. The bus company who hired the man pleaded guilty to health and safety law breaches.

The Driver and Vehicle Licensing Agency says there is no evidence to suggest that older drivers are more likely to cause a serious accident than anyone else, and statistics actually show that the opposite is true.

Employers have a responsibility to look into cases where an employee has a health condition that could be affecting their ability to drive safely.

This is especially important when it comes to older drivers, since age is associated with a higher risk of certain diseases and health conditions. While motorists over the age of 70 are required to answer written questions about medical conditions and eyesight every three years, they are not required to submit any proof.

Relying on self-reporting in this way can be risky – and sometimes devastating. As was the case with the 77-year-old bus driver, where he, his employer and doctor were all unaware of his health condition leading up to the collision.

If management failures are identified as a significant factor contributing to a fatal accident, companies can be at risk of being prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007.

This is why employers must take responsibility to ensure they are aware of a driver’s health conditions and properly manage them, irrespective of age. Health and safety law applies to work activities on the road in the same way as it does to all work activities in the office. And employers must manage the risks associated with drivers as part of their health and safety arrangements.

Cagey behaviour

It’s one thing to understand the health and safety risks within your workplace, and another to come up with the appropriate solutions for managing them.

Many employers welcome robotics in the workplace. They can improve efficiency and quality whilst lowering costs. But as sometimes complex and powerful pieces of machinery they may pose a risk to human workers. What to do?

What NOT to do is cage your workers for their own protection. Amusingly, the online retail giant Amazon appeared to be mooting this. In 2016 they filed a patent depicting an enclosed cage that was intended to carry employees around its warehouses to protect them from robots whizzing around.

The company described it as a “system and method for transporting personnel within an active workplace”. It must be stressed that this solution was never greenlighted by Amazon. When the patent came to public attention, a spokesperson said it had been a bad idea.

In case you were wondering, there are tight health and safety restrictions around using cages in the workplace. But what this example shows us is the broad consideration that needs to go into complex health and safety solutions. Of course, the solutions need to be fit for purpose. But you need to understand how it will impact your team, your operations, and, yes, sometimes your public image.

If you need help making sure your ideas are H&S approved, and also won’t lead to a PR disaster, give the experts at The H&S Dept a call.


Whistle-blowing can uncover serious malpractice, and it’s important employees feel safe and confident in their ability to do so. There are laws to protect whistle-blowers, but these are not always adhered to.

A national newspaper recently reported that whistle-blowers were sacked, threatened with violence and blocked from taking other jobs after attempting to shed light on life-threatening health and safety malpractice in the construction industry.

Three whistle-blowers from separate insulation companies said they’d witnessed attempts to cut costs by deliberately and consistently manufacturing products that fell below certified safety standards. This included one man who reported his employer manufacturing cheap insulation – not related to Grenfell – that would “go up like petrol and explode and burst into flames” when a match was put close to it. The man was fired, and found it impossible to get another job in the same industry.

Whistle-blowing laws include raising health and safety concerns. If an employee goes through the correct channels to report health and safety concerns they must be taken seriously and treated fairly. An employment tribunal will automatically deem a dismissal unfair if it is strongly related to a case of whistle-blowing.

Health and Safety Myth Busters

In this feature, we look at some unpopular organisational policies that have been wrongly attributed to health and safety. They often give H&S a bad name, and the Health and Safety Executive loves to challenge them.

Bus drivers under 18 stone

There are, for obvious reasons, some restrictions when it comes to hiring bus drivers. They need to have good vision, for one thing, and they should be pretty adept drivers, to say the least.

But they certainly don’t need to weigh in at under 18 stone, contrary to what one job advert stated. A bus company is alleged to have stipulated in a job ad that, due to new health and safety rules, all new bus driver recruits must be under 18 stone in weight. There are no rules, however, that place any weight limits on people driving buses.

Supermarket bike ban

Fold-up bikes are loved by many commuters for being easy to take on and off public transport, and folding away nice and neatly into offices and homes. But one fold-up bike owner was told they couldn’t bring their compact commuter companion into the supermarket. Needless to say, the would-be customer was confused, especially since pushchairs and suitcases are allowed in supermarkets.

Whether this was a company-wide policy or one person’s agenda against fold-up bikes is unclear, but it certainly isn’t a health and safety issue. Thankfully, the supermarket in question later retracted their ban. Fold-up bikes are small, compact and lightweight – they’re built to not cause any restrictions, and it would be very difficult to make one a fire hazard.

If you are ever unsure about where health and safety begins and ends in your business, be sure to speak to one of the experts at The H&S Dept.

Alton Towers pay-out

It should never be forgotten that the purpose of health and safety law is to protect people from harm. Minor or serious injury, long-term health conditions and death can all be consequences of health and safety failings. Very recently, we have seen a number of fatal incidents involving food labelling. But one of the most high-profile examples of harm in the UK in recent years was the Alton Towers rollercoaster crash.

In 2015 a string of oversights led to a crash on Alton Tower’s Smiler rollercoaster. It left 16 people hurt, five of whom suffered life-changing injuries. Two teenage girls required leg amputations.

The accident occurred when two trains stalled on different sections of the ride. Engineers assumed the computer wasn’t working, and they overrode the stop, sending another train out, which crashed into an empty carriage.

As well as the terrible injuries, the financial implications for the business have been huge. Following an investigation, the Health and Safety Executive secured a £5m fine against the owners of Alton Towers for “catastrophic failure to assess risk”. This was reduced from the £7.5m it would have been if the case had gone to court. However, the owners pleaded guilty. There will also likely be multi-million pound compensation pay-outs.

And of course, this was a major PR disaster for Alton Towers, as visitor numbers to the park plunged in the aftermath.

This case shows just how seriously catastrophic injury at work and in public is taken, particularly when it’s the fault of an employer. It should serve as a reminder to business owners how carefully we should all be when the public puts their wellbeing and safety in our hands.

People Matter October 2018

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17 claims every hour of the working week

Following the abolition of tribunal fees last year we warned it would become much easier for employees to take their employers to court.

The warnings were warranted. The latest figures published by The Ministry of Justice show the number of single claims received is 165% higher than in the same period last year. For multiple claims it is even more striking, with a 344% increase.

They also show this surge in claims has inundated the tribunal courts. The backlog to process these claims can be as much as 6 months a long time for an SME to be focusing on such a distracting issue.

The most common reason for claiming is unauthorised deduction of wages which is not surprising as an employee does not need two years’ service. For unfair dismissal the average compensation pay-out is about £15,000 and the largest was more than £400,000. For discrimination, the largest pay-out was nearly quarter of a million pounds.

So at the very least, being taken to a tribunal will be a distraction, while worst case scenarios could see you facing significant legal fees and a compensation award. There could be reputational damage too.

But stop worrying! Comprehensive protection against all these risks is one of our core services. Our retained advice line provides the expertise of an in-house HR team at the fraction of a cost of hiring one. It gives you unlimited telephone and email support from a local, qualified HR adviser. They’ll help you avoid stumbling into a tribunal court through a lack of knowledge or a poor HR decision.

But better still, if an employee did try their chances at a tribunal now that there’s no fee to pay, our advice line is backed by tribunal insurance. This covers your legal costs and any compensation , as long as you followed our advice from the outset. If you haven’t signed up to our advice line yet, these figures show that now’s a better time than ever.

Tales from the HR Crypt

‘tis the month of Halloween so to send a shiver down your spine we thought we’d serve up horror stories about nightmare colleagues.

Beware the next time an employee goes on a long-haul holiday. One person described on social media how their co-worker took a month’s leave, and while they were gone a spider infestation broke out in their desk drawers.

If that’s too creepy crawly for you, how about the person who accidentally pepper sprayed their entire office. Described as “weird in an office where 50% of staff were weirdos”, this individual took an electric slow cooker into his work cubicle to make a stew for lunch. As you do. When he removed the lid it decimated the workforce with coughing fits and watering eyes as he’d been cooking a piece of chicken in a confection of hot chilli sauces.

Stay safe this Halloween, and if you find yourself in your own HR horror story, let us know!

The latest on childcare vouchers

This month, there have been dramatic changes to the rules on government childcare support that your employees might claim. The established scheme, childcare vouchers, was closed to new applicants on 4 October. In its place, the tax-free childcare scheme, which had been running concurrently, becomes the only option for new claimants.

The key thing for you to know as an employer here is that if any of your employees are on the childcare voucher scheme, which they receive through you, they can stay on it. However, if they voluntarily leave the scheme, take an unpaid career break of more than a year or you close the scheme, the only option open to them will be the HMRC-administered tax-free childcare scheme. For advice on how you design an employee benefits scheme, including childcare, get in touch.

Paid parental bereavement leave

Losing a young child is surely one of the most traumatic experiences imaginable.

In a UK first, parents who experience the trauma of losing a child under the age of 18 will soon be entitled to statutory paid bereavement leave.

If you have managed people who have experienced such loss, it may well be that humanity has prevailed and you have given them this support and space that they need anyway. But what do you need to know, now that it is being written into law?

This legislation was a manifesto promise, and it has been working its way through parliament. In September 2018 it was given Royal Assent which is an important step in its implementation.

Nothing changes just yet, but it is likely to come into force in 2020. It will give all employed parents a day-one right to two weeks’ leave if they suffer a stillbirth from week 24 of pregnancy, or the death of a child under the age of 18. Subject to meeting eligibility criteria, they will also be able to claim pay for this period.

We’ll keep you posted on the introduction of this new statutory leave. Should you need support managing a parent who loses a child, your local HR Dept adviser will be able to help.

Can you give a bad reference?

What happens when you receive that dreaded reference request for the employee who was lousy at their job or had a poor attitude?

The good news is that, with a few exceptions (like financial services), you can dodge this bullet. There’s no legal obligation to respond.

If you are inclined to provide a reference, it can include information detrimental to their cause – as long as it’s accurate and fair. This means it should not include subjective opinion and should be backed up with facts.

Your former employee can ask to see a copy of the reference. If they felt it was inappropriate, they could claim damages if they could prove it was inaccurate and that they suffered loss.

It’s helpful to have a policy for responding to references, especially if more than one manager may be providing them. This ensures they’re all handled consistently and efficiently.

Tipping point

If your business is in the hospitality sector, a shake-up of the laws on tipping is coming your way. The government announced that it would legislate as soon as possible to ensure that tips go to the workers who provided the service, without any deductions being made by the employer for various purposes.

A consultation showed strong support from consumers – whose intention is to reward their waiting staff for good service with their tips – for this measure. This is just one of several pitfalls that hospitality businesses can be trapped by when paying staff, so do take care.

People Matter September

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What to do when your staff go AWOL

You breathe a sigh of relief; it’s September and the holiday season stress is over. Time now to crack on with all those projects. And then you discover a key member of staff has not returned from their “trip of a lifetime”.

It may not be possible to accurately record your initial reaction here. But safe to say words like “murder” probably spring from your lips.

However, as we always advise: look for the simple explanation first. Were the flights delayed by strikes or weather? Have they been taken seriously ill? Or maybe simply overslept?

Only after making every effort to make contact by telephone, text and email is it reasonable to assume they are not coming back. If they live nearby, you could even try calling at their house or contacting next of kin before reaching this conclusion. But once all avenues have been exhausted, you can start to resolve this problem of unauthorised absence.

When there is less than two years’ service and no known disability, then it should be relatively straightforward because there is less risk of a claim for unfair dismissal. But for longer serving employees, do make sure you follow the correct process.

As we always stress, keep a record of everything you’ve done to prove you have taken all reasonable steps to make contact. This means sending a recorded letter, so you know who received it. The letter should state that you would like them to contact you so that you can establish if they have resigned. It should also explain that if they continue to be absent without contacting you, then you’ll have no option but to take steps to terminate their employment.

Unauthorised absence is a fair reason for dismissal but does not negate the responsibility to follow the Acas code. And as dismissal only becomes effective when it is received, it’s worth trying to contact them in as many ways as possible.

Do remember that whilst they remain an employee they continue to accrue continuous service and holiday rights. So to make sure you have help managing these situations, do call us.

The value of supporting mental health 

With the August bank holiday done and dusted, it’s a long old haul to Christmas! Do you relish the opportunity to knuckle down? Or do your spirits fall with those long nights drawing in?

Spare a thought for your team too. We all have mental health. And, like physical health, it fluctuates. The realisation that summer and its holidays are finished will affect some adversely. SAD (seasonal affective disorder) may come into play too.

There’s real value in incorporating good mental health and wellbeing into your company culture. In fact, a fifth of GDP is produced by people who’ve experienced mental health difficulties according to research by the Mental Health Foundation. So how do you achieve such a culture? It will vary, but it could mean reviewing operations to ensure they consider mental health and protect or improve it where possible or designating a mental health champion. Talk to us if you want to get started.

What’s in a name?

What do your job titles say about your business? Traditionally, they might describe what someone does and their seniority. But has this become too restrictive or unappealing today?

Microsoft recruited a “chief storyteller” – responsible for changing the perception of Microsoft through stories. Google has an “in-house philosopher” who solves engineering problems through a humanistic perspective. And many techies seem to prefer being called “networking ninja” or “C# Sherpa” rather than good old fashioned “developer”.

This may be useful if it’s giving employees a feel-good factor, or conveys your company culture. And sometimes customer-facing roles may require more nuanced names – sales staff may be better presented as “customer services” for example.

Can inventive naming go too far though? Of course it can! We’ve seen people professionally described as a “shredded cheese authority”, an “executive sensei” and even a “teen exorcist”.

Uptake is low for shared parental leave

Take up of shared parental leave remains stubbornly low three years after its launch. Figures were released recently to show that in 2017-18, only 9,200 parents used the scheme. This was just 500 more parents than in the previous year.

The scheme is, of course, notoriously difficult to administer. Coordination is potentially required between more than one business. And parents have the right to request non-consecutive blocks of time, although employers are not obliged to grant the requests.

This administrative burden on employers, coupled with out-dated cultural issues relating to men taking extended periods of leave, has led to the suggestion that employers are not doing enough to signpost the option.

There is a complicated application process too, which is seen as a barrier for parents. And another factor attributed to low take up is that many couples decide that it would be unaffordable – that they would be financially better off using the maternity leave scheme only.

Indeed, there have been legal cases exploring the level of pay that men receive when taking time off after the birth. None has been definitively successful for the employee. But a tribunal has made initial findings that a police constable suffered indirect discrimination as his employer only offered statutory rates for shared parental leave but full pay for maternity leave. The case is now back with the tribunal for them to reconsider.

Do you want help to better signpost shared parental leave to your staff? If so, contact your local HR Dept.

Are you welcoming to older workers? 

Let’s throw some stats at you. Over-50s make up a third of the UK workforce, and that’s rising. A quarter of businesses are unprepared for managing an increase of older workers. And the skills of over one million over-50s are being squandered due to old-fashioned employment practices.

These all come from a major new study by the Centre for Better Aging. And a Parliamentary Select Committee has recently slammed age discrimination in the workplace, too. When you consider skills gaps and staff shortages in the economy, there’s real opportunity for mutual benefit by embracing older workers.

To combat ageism and even get ahead by being proactive, there are many areas you could review. These include flexible working, your recruitment processes, your approach to workplace adjustments in managing health conditions, training for line-managing older workers and equal opportunities in career progression for all ages. For bespoke advice, get in touch.

Disciplined for unfair disciplinary

At a disciplinary hearing an employee is entitled to bring a companion such as a trade union representative. If this companion is unavailable, your employee may propose a reasonable alternative date within five working days. You must agree to this date unless there’s a good reason to reject it.

A recent court case shows it may be wise to be even more accommodating than this. An engineering firm was found guilty of unfair dismissal by an employment appeals tribunal after, among other factors, they refused a longstanding employee such a postponement beyond five days and held the disciplinary in her absence. In situations like this, take professional advice.

People Matter August

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How to manage low staff levels over the holiday season

Being short-staffed can happen for many reasons – an influx of new business, sickness absence and, most definitely, employees taking their annual leave entitlement. That last one is probably the most easy to plan for because it is the most predictable.

So what can you do to ensure it is “business as usual” over the summer when staff are on holiday?

Manage annual leave requests – Let’s start at the beginning and ensure you’re doing all you can to minimise the issue. You have to provide annual leave, but you do get to approve when staff take it. Introducing a “first come, first served” policy could be one fair way to ensure you are not left in the lurch. Professional software to manage annual leave, such as our HR Dept Toolkit, can really help here too (and has wider benefits).

Cross-train your staff – You know that your employees will need to cover for each other, so ensure they have training in advance to handle their additional tasks. Reinforce this with proper handovers so your stand-ins will have a chance to ask informed questions of their colleagues before they depart.

Bring in temporary staff – Do you have former staff members available who you’d welcome back on a temporary basis – a retiree or someone taking a career break, for example? They can step in and hit the ground running. A temping agency or intern programme is another option to take the pressure off, although they’d likely require more direction. Depending on your business, developing relationships with freelancers or specialist outsourcing agencies can be another effective way to manage variable workflows and resourcing throughout the year.

Supportive management – If your team is feeling the pressure, providing strong but supportive leadership will really help: prioritise tasks for them, encourage teamwork, make sure breaks are taken so that they get a chance to recharge, and keep lines of communication between you and the team open.

If you want to explore summer holiday resourcing in more detail with an expert, speak to your local HR Dept adviser.

Could you be spot checked by The Pensions Regulator?

Auto-enrolment has been around for a number of years now, so all employers should have some awareness of this mandatory employee benefit. Indeed you should be set up for it and probably making payments.

However, The Pensions Regulator receives about 80 calls a week from whistle-blowing employees who think their employers are failing to comply with workplace pension law.

Non-compliance is wrong on many levels. Notably, it is effectively stealing from staff pension pots. And it also creates an uneven playing field where one business can undercut another by not bearing these pensions costs.

The Pensions Regulator has had enough and is going to start spot-checking 100 employers a month to see if they are meeting their full obligations. The regulator will be particularly interested in businesses where there is inconsistency between two sets of data filings, such as PAYE and auto-enrolment figures.

Brexit toolkit

If you employ EU nationals, you’ll be relieved to know that the government has published a Brexit toolkit. It provides a framework for transitioning EU nationals to their post-Brexit immigration status. It also includes all the communication tools (flyers, videos etc.) you’ll require to let them know what they need to do. These will be translated into 23 languages.

The new immigration status will depend on how long an EU national has resided in the UK. If they’ll have been resident for five or more years by 31 December 2020 they can apply for settled status. Those residing here for less time can apply for pre-settled status. There will be phased applications for the new statuses until March 2019, when it will be fully open, and it closes on 30 June 2021. This toolkit is available on the government website

The right to disconnect

In the information age we live in, we’re always connected. Professionally, this can mean that employees (and business owners for that matter), may feel they never escape their email or phone calls.

So just because people can be contacted by phone, email and other electronic communications outside normal working hours, should we expect engagement or a response from them?

A debate about our reliance on phones and tablets is raging. There is growing recognition that serious mental health problems can be caused by overusing mobile devices. Phone companies are even building usage monitoring and over-use warning functionality into their software. And when work pressures are a factor too, it only exacerbates the problem: stress, anxiety, mental and physical fatigue, even burn-out could follow.

Elsewhere in Europe, legislators and courts are starting to respond to this. In France, legislation known as the El-Khombri law (named after an ex labour minister) requires companies to reach agreement with their workforce on work/life balance boundaries so staff can properly switch off.

It hasn’t gone that far in the UK yet, but a British company has been caught up in the French approach. A former director of the company’s French division was awarded €60,000 due to the expectation on him to answer his phone outside of working hours.

For SMEs in the UK (where businesses tend to have long working hours but low productivity rates), the legal obligations in this area may not be clearly defined yet. But in the absence of formal laws, being proactive in helping your staff disconnect could be a powerful way to differentiate your business.

The cost of injury-to-feelings awards

A clear-cut case of sex discrimination recently concluded at a Watford employment tribunal. The judge heard how a female employee had endured inappropriate sexual comments and touching on the hand from her boss, and verbal abuse from other colleagues. When she raised a grievance she was dismissed and described as “immature”.

She was awarded more than £15,000, and it’s interesting to note how this was broken down. £10,000 was for injury to feelings, and this was enhanced by 12.5% to £11,250 because the employer didn’t adhere to the Acas code. Loss of earnings, holiday pay and notice pay were considered to complete the full award.

The judge observed that: “Employers have to be aware that the vicarious liability provisions in the law open them up to very large injury-to-feelings awards, even when they are not aware that the discriminatory action is taking place.”

To err is human, to forgive divine?

In scorching temperatures, tempers are bound to flare at times. But can we blame it on the heat and forgive outrageous behaviour?

Apparently so, because there are some staggering examples of workplace bad behaviour where the perpetrator was not fired. One Reddit user asked for such examples and received these responses:

Accidentally blending a plaster into a customer’s smoothie (urgh!); throwing a bottle of ketchup at a boss; crushing a BMW under a truck; and calling into work “dead” only to return four days later as if nothing had happened. If you need help getting tough, you know who to call!

Safety Matters Q3

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Acoustic shock

An interesting court case this year shone the spotlight on an employer’s health and safety obligations concerning noise.

Control of Noise at Work (2005) are the relevant regulations. They normally deal with noise as a by-product of operations, such as machinery in a factory. But in this case, they were applied to an orchestra where noise is the primary product.

A viola player brought the case after suffering symptoms of hearing loss, tinnitus and dizziness. He had been sitting in a cramped orchestra pit in front of an 18-piece brass section which generated 135 decibels.

As with the case of the spider biting a BA employee elsewhere in this newsletter, the employer recognised the risk. They felt they had followed all reasonable steps to mitigate it.

They educated the musicians about noise protection, offered bi-annual hearing tests and even supplied two types of custom-fitted earplugs with 9 and 28 decibel filters. It was left to each individual’s discretion as to which they used. The employer explored enlarging the orchestra pit, but deemed this to be prohibitively expensive.

The judge sided with the musician and agreed he had suffered acoustic shock. This is the first time this condition has been recognised in the courts. She said that the risk assessments were insufficient, and further preventative measures should have been implemented.

Since the judgment, civil liability is no longer applicable under the Control of Noise at Work Regulations. Nevertheless the judgement suggests that employers need to go further than previously thought in protecting employees from noise. Music and event venues should pay particular heed.

Postponing ping pong!

When launching a new business you have a million and one things to think about: securing premises, marketing, your supply chain… and maybe employing staff to name a few.

It is unlikely to be your first thought, but don’t forget health and safety too. Missing something here could put you, your staff or the public in harm’s way. Or it could stop you in your tracks.

That’s what happened to a new ping pong parlour in Cambridge in July. It was the latest initiative in a programme called Ping! which has seen the local council and Table Tennis England install more than 40 tables around the city. Sadly, an undisclosed last minute health and safety issue in the shop unit delayed the launch – which had been timed to coincide with National Table Tennis Day.

Health and safety laws apply to all businesses, but if you have fewer than five employees you do not have to write down your risk assessment or health and safety policy – although you may want to. A good principle to understand is that your approach should be proportionate to the nature and size of your business. Want to know how to get started? Give us a call.

Summer sizzler

With the 2018 summer continuing to send records tumbling, it does throw up some health and safety issues for employers in ensuring staff stay safe at work. There’s no maximum temperature which is deemed too hot to work in, so it comes down to conducting your own risk assessment.

This will vary hugely from company to company. For some, working in direct sunlight will be a major threat, whilst for others certain individuals may be particularly vulnerable – a pregnant employee for example. Dehydration will be a hazard to all.

Once you have identified the risks, attention should switch to controlling them. There are five areas which are helpful to explore. These are controlling the environment, employee clothing, reviewing task scheduling, monitoring individual employees and permitting changes in normal behaviours.

We recently covered this topic in detail on our blog, so be sure to check that out for further advice and tips.

Health and Safety Myth Busters

In this feature we look at instances when unpopular organisational policies have been incorrectly attributed to health and safety. They’re the kind of case which gives H&S a bad name and the Health and Safety Executive loves challenging them.

Campsite freezer facilities

The gorgeous summer we are having is bound to have got more people than ever flocking to the great outdoors and pitching their tents. Campers will be familiar with using a cool box and ice packs to keep food and drink cold.

Many campsites install a freezer so that campers can re-freeze their icepacks. This is a management decision to offer enhanced customer service. And equally if a campsite decides that their freezers cannot be used for re-freezing icepacks, that is also a management decision made for commercial reasons. There is no health and safety legislation saying ice packs cannot be refrozen at campsites.

Children at recycling centres

There would definitely be a health and safety issue if you tried to recycle your children. However, leaving them in a car while you drop off some legitimate recycling materials is perfectly acceptable and, indeed, what’s recommended.

One recycling manager asked that children were taken from their parents’ car and left at the gates of the recycling centre as they were not allowed on site due to health and safety. Common sense would suggest that children would be at more risk if they did this than if they stayed in the car. So the recycling manager had it all wrong.

Ban on mains extension leads

Electrical safety is very serious and is governed by many regulations. However one local council took this too far when banning a tenant from using a mains extension lead in their own home. More than likely they were incorrectly applying workplace regulations to a domestic environment. While we would never undermine good practices with electrical safety, some practical guidance would have been more appropriate than a ban in this instance.

These examples show the blurred lines that can exist when interpreting health and safety legislation. They also show the potential consequences which can range from a nuisance to altogether more dangerous scenarios.

If you want health and safety legislation to help and not hinder your business then be sure to speak to one of the experts at The Health and Safety Dept.

Arachnophobia airways

A member of British Airways’ cabin crew was awarded £13,000 compensation after a judge agreed he was probably bitten by a dangerous spider whilst at work.

The employee had felt a nip as he was getting out of a bunk on a long-haul flight. He did not think much of it until a few days later when his hand swelled up terribly. At the hospital, medics felt that he was in danger of losing his hand and even his life.

He pulled through, and although the spider was not found, the judge accepted an expert witness’s testimony that it was probably a brown recluse spider, native to North America.

Bug infestations are a known risk on international flights, and it certainly was not a risk that BA completely disregarded as an employer. In this case, they argued that if the bite occurred on the flight then it was an unexpected accident that could not have been foreseen.

However, the judge found that their management of the risk of bug infestation was too focused on preventing bedbugs in the seating, which was seen as the most prevalent threat. Health and safety failings included inadequate protection from insects in the bunk area, a reactive approach to insects other than bed bugs and poor reporting procedures.

While the airline industry may have many niche risks compared to other sectors, there are important general lessons we can take from this case. In particular, the need to provide a complete response to a risk rather than a limited one that may be effective in one area but not broad enough to provide adequate protection overall.

If you need help translating a risk assessment into full procedures for mitigating the hazards, then give the experts at The Health and Safety Dept a call.

People Matter July 2018

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Proposals to enhance workplace rights for fathers

Could there be drastic changes to UK paternity rights on the horizon?

The House of Commons Women and Equalities Committee has examined the situation of fathers in the workplace and made bold recommendations.

These include: allowing fathers paid time off for ante-natal classes (they currently are allowed two unpaid visits); increasing statutory paternity pay from about £145 a week to 90% of earnings (capped for high earners); and considering replacing shared parental leave with 12 weeks of dedicated paternity leave.

Moreover, they propose immediate legislation to ensure jobs are advertised as flexible unless there’s a strong business reason not to; harmonising the rights of agency, self-employed and employed fathers where possible; and adding the characteristic of “paternity” to the scope of the Equality Act 2010 to encourage cultural change.

The report considered international evidence of better outcomes for children when fathers take paternity leave – particularly if longer than two weeks. These are numerous, but include improved performance on cognitive tests and, over the long term, less chance of social problems.

Counterintuitively, this raft of improvements to fathers’ workplace rights is partly suggested to improve women’s workplace prospects. It could even help to reduce the gender pay gap. This is because with an easier environment in which fathers can share childcare duties, it is also easier for women to return to work and continue their career at closer to their pre-children pace.

At this stage, these are just proposals. And they’re not guaranteed to become law. However, there has been a growing trend towards family-friendly employment law, so we wouldn’t be surprised to see further legislation in this direction.

For a long time we have championed the implementation of family-friendly policies. Long-term benefits of staff loyalty, retention of in-house skills and a wider talent pool from which to recruit can be difficult to appreciate before you have them. And let’s not forget that SME business owners face all kinds of pressures. But you don’t have to wait for law changes to go family-friendly. So to get ahead of the curve, contact us for help drafting your own family-friendly policies.

LOL office gripes

While we’re enjoying a beautiful summer in 2018, it can make people tetchy if they are cooped up in an office. Especially if you don’t have air conditioning. So we thought we’d look at some of the funniest passive-aggressive notes and responses that colleagues have left each other in their workplaces:

“Please remember to date the food cans! Thanks.” Response – “Tried on three occasions to date cans, they only think of me as a friend…”

“To the person who ate my lunch… Pay no attention to the mouth sores you’ll be getting. They’re probably nothing…”

“The printer is here temporarily.” – Response “In the greater scheme of things, aren’t we all?”

“Please do not unplug the coffee maker.” – Response “Please do not use whimsical fonts.”

It may be a bit of fun when it’s happening to someone else, but such notes could indicate an underlying cultural problem, so take heed if they start appearing in your office.

Wellness benefits on the rise

With low unemployment and ever-increasing attention on mental and physical health, health and wellness benefits are appealing ways to recruit and retain talent.

Businesses like them because they’re a cost-effective way to improve remuneration, and they can help to reduce absenteeism. And for employees they are valuable benefits which may not otherwise be attainable.

Looking at the USA where they also have historically low unemployment, 34% of organisations have increased their benefits offerings over the last year. About three quarters of these say this was to aid retention and more than half did it for recruitment purposes. This was from a survey by the Society for Human Resource Management.

Are you struggling to attract or keep talent in your business? Introducing or improving wellness benefits could be the answer. Ask us about the excellent range that we can offer.

Holiday pay headache

We have entered the holiday season for 2018. And whether your staff take time off to enjoy the gorgeous summer we have been experiencing in the UK or are venturing further afield, calculating their holiday pay has got a whole lot more complicated in recent years.

It started off with having to include guaranteed overtime which staff were required to take by their employer. Subsequently, commission for sales staff had to be reflected too. And now voluntary overtime pay must also be calculated and added to holiday pay unless it is genuinely occasional.

Cases like this are regularly being tested in the courts, and the answer is always coming back the same – regular forms of pay must be included in holiday pay. The principle that underpins these judgements is that people should not be discouraged from taking their annual leave. And through the indirect financial penalty for not having overtime included in their holiday pay, it is judged that this would occur.

The laws, which come from Europe, only concern the first four weeks of holiday pay. However, in practice, most businesses will blanket apply the rules, as it would be an even bigger headache to run parallel holiday pay systems.

There is some danger of back pay claims being made, although limits are in place to restrict these.

It is advisable to take extra care when calculating your holiday pay rates this summer. If you want help getting it right, then speak to your local HR Dept advisor, and they will ensure you consider all relevant factors.

Protecting your interns from harassment

Hiring summer interns can be a rewarding experience for company and intern alike. There are challenges, as well as benefits, though. One such challenge is the potential for harassment of these most junior of staff.

The #metoo movement has put perpetrators of harassment in sharp focus. It has also highlighted all-too-common institutional failings in exercising the employer’s duty of care. So what practical steps should you be taking to ensure your interns are protected?

The key activity is training. Make time for this for both permanent staff (including managers) and interns. You should cover respect and the standards of behaviour expected. Some companies ban managers from dating interns. Training should include clear instruction on what harassment is and how to report it. Work parties may be an area of higher risk, particularly if alcohol fuelled. So give extra consideration to interns when planning summer staff socials.

Obesity in the workplace

A government adviser has suggested overweight employees should be allowed to arrive late to work. This is so they can avoid the morning rush hour if they have mental or physical difficulties with it. He even suggests that obesity should be made a protected characteristic so that overweight people can claim discrimination at a tribunal. The ideas, presented at a European Congress, have met with resistance from other quarters. We ran our own Twitter poll, asking whether obese workers should be allowed to start late to miss the rush hour. The results show 79% replying no to 21% in favour.