A lot has been said to condemn and approve the introduction of Fees for Intervention (FFI) after the introduction of the Health and Safety (Fees) Regulations 2012. The Regulations were written to empower the Health and Safety Executive (HSE) to recover costs from companies who were found to be in material breach of health & safety law. The HSE states a material breach is defined as follows: “A material breach is where you have broken a health and safety law and the inspector judges this…
Lifts, lifting equipment and lifting accessories are essential part of modern life. They remove the need to climb numerous flights of stairs in an office and make working in an industrial environment more tolerable. Often, lifting equipment is used to make a job safer but when that equipment fails there are disastrous consequences for users and those around them. Using unsafe lifting equipment can be fatal A sheriff’s court in Scotland recently heard how the failings of both a plant hire operator and the contractor…
The year has barely got underway and already several companies have received significant fines for breaches of legislation in relation to Working at Height Regulations 2005. Here Moorepay looks at the lessons to be learned and how employers can protect themselves and employees. Failure to assess risk resulted in worker death Two companies from Carmarthenshire and the West Midlands have been fined after a worker was killed when he fell from a telehandler. Swansea Crown Court heard how a 50 year old self-employed contractor working…
In a country where women hold the two top positions within the offices of state – the Queen and the Prime Minister – is the workplace still a man’s world? New research completed by the Women at Work Index shows that the UK is missing out on approximately £170 billion of economic benefits by not having enough women in employment. Additionally, the World Economic Forum stated: “It will be 118 years before women have the same career prospects as men. No country in the world…
The press has recently reported details of a Rotherham-based firm facing a claim for £425,000 from 56 employees for bypassing the rules when they made changes to the terms & conditions of employment. This story comes as a timely reminder to employers that regardless of whether or not union agreements are in place, or indeed whether any contractual changes are agreed, if the proposed changes affect 20 or more employees the employer is in line for claims running into tens or hundreds of thousands of…
Restrictive covenants are complex clauses, often criticised but never curtailed, and the source of many court cases. So let's explore the history of these clauses and how employers can utilise them effectively. It has long been the principle of English law that: “All interference with individual liberty of action in trading, and all restraints of trade of themselves, if there is nothing more, are contrary to public policy, and therefore void.” Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] The origin of that…
Whatever the truth behind Blue Monday it's inevitable that the dark nights, poor weather and post-Xmas lull can leave employees feeling blue. Our recent survey conducted in Jan 2017 found two-thirds of employees are currently fed up at work, and 46% likely to look for a new job within the next three months. A third put their low-morale down to stress, but whatever the reason spirits need lifting your people need a boost, so here are our top 10 tips to help you help your…
With forecasters predicting up to four months of stormy weather ahead, Britain could be facing the worst winter in 100 years. Managing your team during a period of disruption can be a challenge, so here's a quick checklist to make sure you've given yourself the best chance of success. With experts EXACTA WEATHER warning Brits to expect a very “exciting” December – even hinting at a potential White Christmas – businesses should be aware of the knock-on effect to operations within their own organisation. So,…
A recent employment tribunal seeing Network Rail pay out £23,000 has highlighted the potential issues employers could face with a Shared Parental Leave and pay policy. See what Shared Parental Leave means, why it’s important employers ensure their policies are non-discriminatory, and the potential consequences of unequal parental pay. The 10 November 2016 was Equal Pay Day in the UK, marking the day women in the UK effectively stop getting paid and work for free for the rest of the year due to the 13.9%…
11% of ALL prison sentences for H&S offences (since guidelines were first introduced in the Health and Safety at Work Act in 1974) have been handed out in the last eight months to October 2016. In a trend we predicted in our Sentencing Guidelines update webinar earlier in the year (hat tip), recent reports show 23 people received prison time or suspended sentences for H&S breaches in the last eight months – compared with 166 in the last 42 years (less than five a year).…
