In a recent survey of people who ‘work for themselves’, it was found that 1 in 10 were actually employees, even though these people were classed as self-employed. However, the biggest area of concern is the Construction industry where it is estimated that over 50% of self-employed workers are, in fact, employees. This could mean that over a million ‘employees’ are missing our on such things as holiday pay; the government is losing tax revenue which could be over £1.5 billion per year; and responsible…
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 £65,000, ordered to pay costs of £25,000 and the Director went to prison after an employee fell to his death in an excavator accident. The company was found to have…
Office Christmas parties can be a fantastic morale boost for employees but employers need to be aware of potential risks, such as alcohol fuelled fights, discrimination and absenteeism. Employers have responsibility for their staff members at any work-related Christmas function. When employee behaviour strays into misconduct, particularly where alcohol is involved, they are often the result of arguments or frustrations from incidents over the year. They can escalate into fighting and far more serious incidents involving other people or property, accusations of sexual harassment and…
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, applies when there is a transfer of business or services from one employer or service provider to another. TUPE applies regardless of the size of the transferred business, whether it…
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 steps. Pumpkins with candles can be effective but do you need to introduce a naked flame into the workplace. Consider using battery powered tea lights or small torches in place…
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. However, the European Court of Justice judgement (ECJ) has ruled that those without a fixed office should consider the time they spend travelling between their homes and the premises of…
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 it faces the prospect of being found guilty if they are judged to have caused death due to their gross corporate health and safety failings. Under previous legislation a company…
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 suffered major injuries as a result of such a fall. Good working practice and legislation requires employers to plan work at height and to give information to employees who are…
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 designed to introduce three basic concepts into UK employment law when a business is sold. Employees employment rights remain intact Employees have protection from dismissal if they are dismissed due…
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 circumstances of (typical) individuals. However, The story on Employment Tribunal fees isn't over, since Unison have said they will seek leave to appeal to the Supreme Court and the government…
