A Lincoln builder has been handed a four-month suspended prison sentence after a bricklayer fell three metres from faulty scaffolding, breaking his back in three places. Robert Wilkin, 70, of Lincoln, was left paralysed from the waist down and confined to a wheelchair for the rest of his life following the incident at a warehouse on Freeman Road, North Hykeham, on 14 February 2013.An investigation by the Health and Safety Executive (HSE) identified serious safety failings in the construction of the scaffolding too be used…
Workers with employment disputes will soon be required to fill out an 'Early conciliation form' - with basic details of the claimant and the company - before they can submit an employment claim to an Employment Tribunal. The mandatory early conciliation form, proposed to come into force on 6th April 2014, will not require details of the acts or incidents raised by the claimant, and therefore, the first the company will know of any such claim against them will be when Acas contacts them for…
Higher penalties are being imposed on employers who fail to pay National Minimum Wage rates. Employers could be publicly named and shamed by the Department for Business, Innovation and Skills or even face prosecution. Why do we have a National Minimum Wage? National Minimum Wage legislation was essentially introduced to stop exploitation of workers and to provide a fair labour market. The legislation sets out the pay rates per hour which employers must pay their employees. There are three age-based rates and an apprentice rate.…
The days are getting longer and the clocks will soon go forward, so it's time to dust off those spring and summer gardening tools. Hopefully, it will be a pleasant warm one after all the rain and flooding people have suffered should it be a very sunny one remember sun protection for out door working. The environmental impact caused by flooding is still being assessed by government and relevant agencies. So let’s take time to review the documentation we have in place i.e. risk assessment,…
Employments Tribunal fees were introduced last year, requiring claimants to pay fees up front. In reaction, UNISON challenged the validity of the imposition of fees, but was eventually unsuccessful. UNISON said that the fees are “unjust and discriminatory” and had been widely criticised as having denied people access to justice. Given that the majority of people who would want to bring a claim in the employment tribunal have recently lost their jobs, it is difficult to argue that the fees wouldn’t have an effect on a person’s…
UNISON has failed to overturn the introduction of fees for Claimants in the Employment Tribunal system. The High Court in The Queen on the Application of Unison v Lord Chancellor has turned down UNISON's judicial review application against the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 (the ‘2013 Order’). On the surface this looks great for employers, since it is likely fewer employees will challenge their treatment at work as a result of these fees. That said, there is now a fee remission…
The Health and Safety Executive (HSE) Construction Division is cracking down on poor management of risks from harmful substances. Heather Bryant, the HSE’s Chief Construction Inspector has said that employers in the construction industry have lost their way when it comes to protecting employees and others from the effects of harmful substances. There is a wide range of harmful substances present on a typical building site, including materials that builders bring onto sites, such as paints and sealants, as well as those produced on site,…
It seems that it’s OK to sleep on the job in certain situations, according to the outcome of a recent Employment Appeal Tribunal. The Tribunal (EAT) decided that employees required to "sleepover" at a specified location in the course of their work are entitled to be paid the National Minimum Wage for such hours, regardless of whether their sleep is interrupted. The outcome in this case (Whittlestone v BJP Home Support Ltd) will be particularly relevant to those employers in the care and security sectors.…
Hot tubing…it may sound like a ridiculous concept but it’s something that Civil Courts use all the time. A Judge gets two or more experts that are involved in a case round a table - or in front of the bench - to put their opinions forward. That way, the Judge is aware of the agreed (or not) issues, avoiding lengthy protected hearings or correspondence. So what is the relevance of this concept to HR and Employment Law? Well, actually, it’s something that many firms…
UK businesses lose millions every year through inefficient payroll reporting, incorrect data entry and even timecard fraud. Business owners are constantly looking for solutions that save money without sacrificing their efficiency or productivity. Just five minutes of lost time per employee per day may result in a business losing over £100 per employee per year, even at the minimum wage. But now, employers may never have to worry about their employees’ attendance again, thanks to the launch of an innovative new cloud-based time and attendance…
