CIVIL SERVICE APPEAL BOARD ANNUAL REPORT 2005/2006

WHITEHALL STAFF UNFAIRLY DISMISSED DUE TO HR FAILING

An official report has revealed government HR departments are failing to follow statutory dismissal procedures. Failure to follow these procedures automatically renders a dismissal unfair.

In 2005/6 more than one-fifth of all disciplinary cases involving appeals were deemed 'unfair' (15% up on last year) according to the annual report by the Civil Service Appeal Board (CSAB). In 10 cases the board demanded that the employee be immediately reinstated.

HOW HR2all CAN HELP...

Statutory Procedures

Yet another example of how failure to follow statutory procedures can result in a finding of automatic dismissal. Whilst this article refers to the end of a person's employment as a result of a disciplinary matter, it could equally refer to the end of a person's employment as a result of, for example, long term illness, retirement, or even the expiry of a fixed term contract.

HR2all provides a step by step guide, and the necessary documents, on how to end a person's employment in a number of scenarios including misconduct, poor performance, redundancy, retirement, ill health and the end of a fixed term contract. As always our legal helpline is there to discuss any individual concerns you may have.

REGULATORY REFORM (FIRE SAFETY) ORDER

From 1 October 2006 , the Regulatory Reform (Fire Safety) Order comes into force. This replaces over 100 existing pieces of legislation with the main changes being:

• fire certificates are abolished with the emphasis of the law now being on preventing fire and reducing risk; and
• responsibility has been extended to include the safety of those in the immediate vicinity of business premises, as well as everyone using the premises

HOW HR2all CAN HELP...

Fire Risk Assessment & Emergency Procedures

To comply with the law you must: To comply with the law you must:

Undertake a fire risk assessment on your business premises

Full details on how to perform a fire risk assessment can be found within Beprofessional under: health & safety > risk assessment > fire risk. The process of risk assessment has not changed as a result of the new law.

Keeping a written record of findings is a requirement for businesses with 5 or more employees and is recommended for smaller businesses. You can use Beprofessional to do this.

Remember risk assessments should be reviewed regularly as well as in the event of any significant change. In this instance you may need to review your current fire risk assessment to ensure it considers the safety of people in the immediate vicinity of the business premises, in addition to those within them

Create a plan of action in the event of fire

You must have a clear plan of how you will keep people safe in case of fire. This includes creating evacuation plans and the use of emergency signage. Beprofessional provides further details on these areas, as well as the ability to create a personalised evacuation plan, under: health & safety > accident, incident & emergency > emergency procedures

mergency procedures and evacuation plans must be communicated throughout the business and form the basis of any staff induction programme. Refresher training and drills should occur regularly.

MATERNITY AND ADOPTION LEAVE CHANGES

From 1 October 2006 , parts of the Work and Families Act come into force directly affecting maternity leave and adoption leave. A summary of the main points can be found below:

Maternity leave for births due on or after 01 April 2007

• the qualification period for additional maternity leave has been removed
• maternity pay has been extended from 26 weeks to 39 weeks
• notice period for returning to work has been extended from 28 days to 8 weeks
• introduction of the right to work for 10 days without terminating maternity leave

Adoption leave for adoptions due on or after 01 April 2007

• adoption pay had been extended from 26 weeks to 39 weeks
• notice period for returning to work has been extended from 28 days to 8 weeks
• introduction of the right to work for 10 days without terminating adoption leave

HOW HR2all CAN HELP...

Maternity and Adoption Leave Changes

Both the maternity and adoption policies have now been updated and can be found under employing staff > handbook > creating an employee handbook.

MINIMUM WAGE CHANGE

From 1 October 2006 the minimum wage increases as follows:

HOW HR2all CAN HELP...

Employment Contracts

see employing staff to produce an employment contract, and it will automatically check that you are complying with the latest minimum wage rates, leaving you with one less thing to remember and worry about.