November 12, 2015

Director gets 12 month prison sentence for Health & Safety breaches

More and more Directors and Senior Managers are being prosecuted alongside the companies they own or manage for Health & Safety breaches. Figures published indicate a 400% increase in this type of prosecution from 2000 to 2011 and they continue to feature heavily in the news. In a recent example, a skip company was fined…

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November 11, 2015

Thousands of pounds saved in Employment Tribunal Case

We recently helped a small organisation through a difficult process after an ex-employee brought a number of claims, which could have cost thousands in compensation. This was the first Employment Tribunal claim the business had received in 20 years of trading, so they were understandably unsure what to expect and as a result and were…

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October 26, 2015

Preparing for Winter Weather – a Health & Safety warning

You can’t avoid the news reports of a predicted winter freeze this year. UK reports have warned us to prepare for a record cold winter with savage Arctic gales and heavy snowstorms even worse than the bitter winter of 2009/10. When a severe weather event occurs what can businesses do to minimise the disruption to…

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Buying a business – the potential pitfalls

You probably already know that employees have a number of rights under TUPE laws. However, you may not be aware that employers face a number of pitfalls when buying a business, which could result in huge fines if ignored. What is TUPE? Transfer of Undertaking (Protection of Employment) Regulations 2006/2014, commonly referred to as TUPE,…

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October 22, 2015

Time spent travelling to work ‘is work’

The time spent travelling to and from the first and last jobs by employees without a fixed office should be regarded as work, European judges have ruled. Until now, mobile workers who travel to get to or from their first or last appointment of the day were not required to count that time as work.…

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Don’t let your employees end up in bandages this Halloween

Dressing up and decorating the office at Halloween can be fun. However, there are a few things to consider to make sure the day doesn’t end up with a trip to casualty. Decorations Make sure suitable step ladders are used for putting up any decorations.  Don’t use office chairs, desks, filing cabinets or domestic grade…

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October 19, 2015

Am I a slave?

You might think that Slavery is not an issue that a modern British organisation would need to keep in mind. However, the Modern Slavery Act 2015, which came into force recently, includes a provision to encourage businesses to take action to ensure their end-to-end supply chains are slavery free. Organisations should not underestimate how significant…

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October 13, 2015

It’s easier to get prosecuted for Corporate Manslaughter

Businesses can more easily be brought to justice when people die as a result of their actions. Under the Corporate Manslaughter and Corporate Homicide Act, which came into force on the 6th April 2008, it is now easier to bring a company to justice following fatalities resulting from their undertakings. When a company is prosecuted…

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September 21, 2015

Are you managing Work at Height effectively?

The Health & Safety Executive (HSE) is currently carrying out targeted inspections on refurbishment projects – and Working at Height is likely to be high on the list of enforcement. HSE figures indicate that 45% of deaths on construction sites in Britain last year were as a result of falls from height and 581 workers…

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Long term sickness and TUPE employee rights

Most HR professionals will know that when a business changes owner, its employees’ rights, duties and liabilities are directly transferred under the TUPE legislation. But it turns out this is not necessarily true if they are on long term sick leave, according to a recent case. TUPE, or Transfer of Undertakings (Protection of Employment), was…

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Tribunal Fees appeal dismissed…again

The Court of Appeal has dismissed Unison’s appeals against its judicial review applications challenging the legality of Employment Tribunal Fees. Whilst “troubled” by the sharp decline in Employment Tribunal claims, the Court decided the fact of decline also needed to be supported by evidence of a lack of affordability of the fees in the financial…

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Tribunal Fees to be abolished in Scotland – The start of a wider initiative?

Employment Tribunal Fees could be completely abolished in Scotland over the next 12 months, according to the Scottish Government. The First Minister revealed the plans in its “Programme for Government’, a document which outlines the legislative agenda for the year ahead. This represents a radical shift away from the UK Government’s policy of charging for…

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