LEGISLATION CHANGES

NATIONAL MINIMUM WAGE INCREASES

With effect from 1st October 2005 the national minimum wage hourly rates will increase as follows:

The 18-22 rate also applies to anyone over 22 who is in the first six months of their job and receiving accredited training.

The amount an employer providing accommodation can count towards minimum wage pay increases to £3.90 per day.

The relevant sessions within employing staff have been updated with effect from 1st October 2005 however you will need to review the pay rates of any existing staff to ensure they comply with the new figures.

SEX DISCRIMINATION LEGISLATION CHANGES

From 1st October 2005, amendments to the Sex Discrimination Act will clarify a number of existing obligations. Under the regulations, you must make sure that your working environment is free of discrimination and harassment.

You will have to continue to make sure you are not:

1. Discriminating in recruitment, employment or vocational training because of a    person's sex or gender reassignment.
2. Treating women less favourably because of pregnancy or maternity leave.
3. Allowing harassment or sexual harassment by managers or colleagues or vocational training providers
4. Discriminating in selecting employees for all further and higher education courses

You will have to make it clear to employees that it could be unlawful if they behave in a way that might offend another person, violate their dignity or create a hostile environment.

You will have to make it clear to employees that it could be unlawful if they behave in a way that might offend another person, violate their dignity or create a hostile environment.

Partnerships will no longer be allowed to discriminate when providing death and retirement benefits.

HOW HR2all CAN HELP...

The relevant sessions within employing staff and HR & records have been updated.

TUC RISKS - SATURDAY 24 SEPTEMBER 2005

HSE WARNING AFTER SITE TRANSPORT DEATH

Companies should plan how vehicles move around their sites, the Health and Safety Executive (HSE) has warned after the death of a worker.

Derbyshire company Glebe Mines Ltd was ordered to pay £32,600 in fines and costs by Chesterfield Magistrates. It admitted failing to ensure the safety of driver Charles Green and was fined the maximum of £20,000 in the magistrates' court. The company also admitted failing to carry out a risk assessment, for which it was fined the maximum of £5,000. It was ordered to pay costs of £7,600.

On 18 March 2003 , Green, 53, from Ellesmere Port , was collecting a consignment of chemicals from Glebe Mines on behalf of another company, when he was trapped between a loading shovel and a forklift truck. He died later from his injuries. HSE inspector Kevin Wilson, who investigated the incident, said after the case: 'Transport accidents are one of the most common ways workers are injured, and a little while spent planning how vehicles and pedestrians can both move safely round a site can save lives.'

HOW HR2all CAN HELP...

A properly conducted risk assessment takes into account who is at risk of injury - remember, this may not simply be your employees. What steps does your business take to ensure that visitors to your place of work are kept safe?

TUC RISKS - SATURDAY 24 SEPTEMBER 2005

CARELESS BOSS CAUSED SCHOOLBOY'S CRUSHING

A reclamation yard boss has been told to pay up £18,000 in fines and costs after he crushed a schoolboy in a forklift truck accident.

John Masterson was driving the vehicle at his business, JM Reclamation in Coppull, when 16-year-old Samuel Phillips was caught under the wheel. Leyland magistrates heard how Mr Masterson regularly drove the truck with Samuel, who worked at the yard on a casual basis, carried along on the side. The teenager's legs were caught by the rear wheels of the forklift after he jumped off the vehicle. He fell, and the forklift ran over his face, causing serious injuries.

Investigations by Chorley council revealed the vehicle was inadequately maintained and there was no risk assessment for Samuel's work, the forklift truck operation or for moving, loading and unloading vehicles. The employees, including Samuel, had not been given health and safety training. Asked by magistrates about risk assessments for his business and employees, Masterson replied that he 'was a little bit ignorant on that'. He pleaded guilty to three charges including failure to ensure the safety of his employees or to maintain equipment in an efficient state. He was fined a total of £15,000 with £3,000 costs. A civil compensation case is ongoing.

HOW HR2all CAN HELP...

Confused by health and safety law? Not sure how to comply or where to start? Our 'Health & Safety' module provides you with an easy to use 'getting started' checklist. Remember, ignorance is no protection in the eyes of the law.

TUC RISKS - SATURDAY 24 SEPTEMBER 2005

BOSS JAILED AFTER WORKER CRUSHED

The owner of a recycling firm has been jailed for 12 months, fined £30,000 and ordered to pay costs of £55,000 after an employee died in a shredder.

Kevin Arnup, 36, from Norwich , was crushed to death after being pulled into the machine at MW White Ltd in Ketteringham in December 2003. Managing director Paul White, 43, of Drayton, near Norwich , had earlier admiited manslaughter and breaching health and safety regulations. Sentencing him Judge Mr Justice Bell said the safety breaches were 'chronic'.

Andrea Littlestone, of the BCO, described the Treasury's proportions as "generous". She said: "We say 12 to 17 sq m per person of net internal area is what we conceive as good practice."

Norwich Crown Court heard the machine started up as Mr Arnup, a father-of-three, was inside it trying to clear a blockage. There was no lock off on the 'paper hogger' and the emergency stop button did not work. Addressing White, Judge Mr Justice Bell said: 'It must have been obvious to you that if the hogger started up during the operation when anyone was in the chamber it was really inevitable they would have been killed.'

The police officer in the case, detective sergeant Arthur O'Neill, thanked the Health and Safety Executive (HSE) for its 'absolutely vital' contribution to the accident inquiry. The Centre for Corporate Accountability said this case was only the ninth in which a company director or owner had received a jail term for workplace safety offences. HSE last year announced it would be 'good partners' with the waste industry, encouraging self-regulation. The industry has a fatality rate 10 times the national average.

HOW HR2all CAN HELP...

This case is only the ninth in which a company director or owner has received a jail term for workplace safety offences. Will the tenth person be the boss of the Chinese cockle pickers who tragically died in Morcambe Bay in February 2004? And could the eleventh person be you? Use our 'health & safety' module to review your procedures today.

TIMESONLINE - TUESDAY 20 SEPTEMBER 2005

BOSS LEFT HIS COCKLE PICKERS TO DIE IN SEA, JURY IS TOLD

A group of 21 Chinese cockle pickers drowned in the shifting sands of Morecambe Bay because of the criminal negligence of their gangmaster, Preston Crown Court was told yesterday.

Lin Liang Ren, 29, who arrived from China as an overseas student, controlled the team harvesting shellfish off Hest Bank as darkness fell on February 4 last year when they were caught by the tide. Some managed to swim to safety or were rescued by the emergency services but 'at least 21' drowned, the jury was told.

Timothy Holroyde, QC, for the prosecution, said that Mr Lin failed to take proper account of safety as his workers laboured in the cold and dark. He is charged with manslaughter by gross negligence. The court heard how Mr Lin drove the cocklers to the shoreline in an old van but did not join them on the sands. After the tragedy, he set about distancing himself from blame, tried to flee from the scene and gave false details to police. He also ordered surviving cockle pickers to say two of the drowned men were the gang bosses. 

The court heard that Mr Lin had been warned by one worker of the dangers of Warton Sands, the cockle beds off Morecambe Bay . In an earlier incident, several months previously, he had told the same man he would leave their safety 'to God'. 'So from the outset Lin Liang Ren knew of the risks for his workers of cockling in that area,' Mr Holroyde said.

Mr Lin, of Liverpool , is one of five defendants. He denies 21 counts of manslaughter, perverting the course of justice and facilitation, or assisting people to breach immigration law.

The trial continues. 

HOW HR2all CAN HELP...

Mr Lin failed to take into account the safety of his workers and is now in court charged with manslaughter by gross negligence. When was the last time you reviewed your health and safety procedures? See our 'Health & Safety' module for further information on an employer's responsibilities.

FRIDAY 9 SEPTEMBER 2005 - THE CHARTERED SOCIETY OF PHYSIOTHERAPY

RSI INCIDENCE RATES HIT ALMOST HALF A MILLION IN THE UK

A massive 448,000 British workers now suffer from Repetitive Strain Injuries (RSI) - a jump of 52,000 since 2001/02 - with rates in the North East soaring ahead of other regions. In another shock statistic, health and social workers now have the highest incidence of RSI, narrowly edging out the construction industry. The new figures, compiled for the CSP by the Labour Research Department, have been released to coincide with debate around workplace health at this year's TUC Congress and to alert employers and other unions to the part physiotherapists play in helping injured workers return to the job market.

Workers now most likely to be affected are in the health and social work sector, followed closely by those in construction and manufacturing. Rates are also rising among those employed in the communications, transport and education industries. The figures show 4.7 million working days (full-time equivalent) were lost through RSI in 2003/04. Of those afflicted, each person took an average of 18.3 days off in that time.

The CSP says employers can put simple procedures in place to protect both workers and businesses by reducing sick leave and staff turnover rates. Chartered physiotherapist Jacqui Smith, chair of the Association of Chartered Physiotherapists in Occupational Health and Ergonomics (ACPOHE), says:

'Employers can make a big difference to the health of their workers, while at the same time improving the productivity and profits of their business. Pain or discomfort caused by upper limb disorders can lead to more sick days and low motivation. These disorders can largely be avoided and prevention is always better than cure. Improvements can easily be made, starting with some steps that can relieve stress on the arms, shoulders and neck.'

HOW HR2all CAN HELP...

Is your business adding to these statistics? See our 'Health & Safety' module for information on the correct positioning of workstations and forms for Display Screen Equipment risk assessments.

TUC - TUESDAY 25 AUGUST 2005

BRITAIN 'S WORKERS STAND FOR WORSE CONDITIONS THAN THE VICTORIANS

Up to 11 million UK workers could face serious health problems from prolonged standing at work, and they are offered less protection than employees from the Victorian era, says a new report from the TUC published today (Thursday 25th August).

Every year over 2 million sick days are lost due to lower limb disorders, with nearly 200,000 people reporting lower limb ailments caused or made worse by their job. Workers who spend most of the working day on their feet are at risk of work-related varicose veins, poor circulation and swelling in the feet and legs, foot problems, joint damage, heart and circulatory problems and pregnancy difficulties.

The health effects associated with prolonged standing vary with the job - whether for example, you are stood still, required to lift materials or operate machinery, or whether you are required to walk some or all the time.

Constant walking, particularly on hard surfaces, can cause progressive damage to bones in the foot, including the heel. With each step, the heel lands on the floor with a force of between one and a half and two times a person's body weight.

The way some jobs are performed can greatly exacerbate strain on joints and muscles. Badly designed checkouts require retail workers to stand with their feet fixed while twisting their upper bodies and moving goods. Shopworkers' union Usdaw estimates that a checkout worker lifts up to two tonnes of goods in an average four-hour shift.

'Simple adjustments to the way millions of people work will save countless sick days each year and stop British workers from, in some cases, dying on their feet.'

Hazards Editor Rory O'Neill said: ' Britain 's stand-and-deliver workplaces are causing disfiguring, disabling and potentially deadly health problems. For some circulatory conditions, for example atherosclerosis, prolonged standing could be as risky as smoking; it could cause hypertension equivalent to 20 years of ageing. In pregnancy, both the mother and the fetus can face unacceptable and avoidable risks.

'You don't walk into work to face daily discomfort from varicose veins, bunions and heel spurs. And protracted periods on your feet are not necessary - in Sweden , for example, it is rare for workers to be required to stand for more than two hours per day. Employers in the UK should get off their backsides and provide more seating, more rest breaks and better designed workstations and jobs.'

HOW HR2all CAN HELP...

An employer is ultimately responsible for the health and safety of their employees. Regular absences may well be an indication of poor working practices and should be investigated. Risk assessments should be undertaken on all activities and, where possible, risks eliminated. Refer to our 'Health & Safety' module for further information on risk assessments and speak to the workers involved. They are best placed to be aware of any stress or strain their role may involve.

THE METRO - FRIDAY 16 SEPTEMBER

I WAS DEMOTED FOR HAVING A BABY

A rail manager who was demoted when she became pregnant has won her compensation claim.

Hannah Quinn, 26, was demoted from the £23,000-a-year job when she told bosses she was expecting. She was told that her job carried a high risk of verbal or physical assault and that she could slip on the station concourse.

Bosses at Southern Railway advised Mrs Quinn to return to a £16,000-a-year personal assistant role she had been promoted from three months earlier. They said that the backwards move was "for the sake of the baby".

Mrs Quinn, whose husband Richard is a train driver with the same company, said: "I couldn't believe it. It was the last thing I wanted, especially just before Christmas. I worked hard for my promotion and was doing a good job, so it was completely unfair. I loved the job and had no problem carrying out my duties".

Mrs Quinn, duty manager at Brighton station, said she informed the company after she found out she was pregnant, which she emphasised was after her promotion. "I was called into an office before three managers", she added. "They said it was in my baby's best interests that I return to PA duties".

An employment tribunal ruled she had been unfairly dismissed. The company discriminated against her on the grounds of sex, it added. The amount of compensation will be decided at a later hearing.
Southern Railway declined to comment.

HOW HR2all CAN HELP...

Having a baby should not hold you back. Our HR & Records module, 'managing staff' offers guidance on this form of discrimination, as well as others in the work place.

THE METRO - FRIDAY 9 SEPTEMBER

DEFEAT OVER SICK PAY FOR PREGNANT WORKERS

Women workers yesterday lost their equality battle for better sick pay when they fall ill during pregnancy.

European judges threw out a case brought by an Irishwomen who claimed it was unfair that she had her pay cut after taking lengthy sick leave for a pregnancy-related illness.

Margaret McKenna argued she was being sexually discriminated against because her time off work was caused by problems that men could not have suffered. Her doctor ordered her to take the time off after she developed the illness, which continued throughout most of her pregnancy.

Under her employer's sick-leave scheme, which applied equally to all workers, Ms McKenna remained on full pay for 183 days. After that, she was entitled only to half pay while she remained off work. When her maternity leave started she got her full salary again. But her pay was halved once more when her maternity leave ended.

Ms McKenna, who works for Ireland 's North Western Health Board, went to the court in Luxembourg to argue her employer had breached EU discrimination rules by treating her pregnancy-based illness as a 'normal' sickness and docking her pay.

But the judges said her employer's policy was standard practice for public sector sick leave schemes throughout Ireland .

It did not breach EU discrimination law between men and women at work, they ruled. Treating a pregnancy-related illness the same as any other illness continues beyond a certain time was acceptable, the court decided.

However, the reduction in pay should not be so much "as to undermine the protection of pregnant workers", the judges added.

HOW HR2all CAN HELP...

Our HR & Records module, 'managing staff' offers guidance on the different forms of discrimination in the work place.

THE METRO - FRIDAY 16 SEPTEMBER

NHS HIT BY £2.5M RACE CASE PAYOUT

A consultant has been awarded a record £1.6million payout from the NHS after winning a race discrimination fight.

Dr Feyi Awotona won the compensation after a six-year fight, which will cost the taxpayer another £850,000 in legal fees. The gynaecologist alleged she was told she would not succeed because she was black and a woman, and later sacked because she raised concerns about standards of care.

Last night her solicitor, Jane Jelly, said: "This case draws attention to the concern that racial discrimination still exists within the NHS and it is very difficult for those from ethnic minorities to reach senior level position".

The Nigerian-born doctor, 50, was sacked from South Tyneside District Hospital in 1998. The hospital said she was dismissed because she was confrontational and vanished when she was on call. It alleged she was spending so much time on studying for an MBA she was neglecting her work.

The mother-of-three, from Gosforth, Newcastle-upon-Tyne , won her case at an employment tribunal in 2003. She claimed the hospital's medical director racially abused her when he told her she would not succeed because of her colour. But the hospital refused to reinstate her even when ordered to do so.

Eventually, she returned to work in November – but left in May, claiming the hospital was refusing to retrain her. Ms Jelly said: "The tribunal recognised that Dr Awotona is a doctor of considerable ability and ambition, and that as a skilled clinician she is highly regarded by her peers and patients. The cost and time involved in this case have been unusually high. The trust has dragged out this case unnecessarily by causing delays and inflating costs to the detriment of Dr Awotona and the taxpayer."

HOW HR2all CAN HELP...

Any form of discrimination should not be tolerated. Our HR & Records module, 'managing staff' offers guidance on the different forms of discrimination in the work place.

TIMES ONLINE - MONDAY 12 SEPTEMBER 2005

ONE-FIFTH OF UK FIRMS RECRUIT STAFF OVERSEAS

One-fifth of British companies report that they have recruited employees from abroad over the past year to fill skilled, unskilled, professional and managerial vacancies. Employers of every size have gone abroad to beat skill shortages, and also to find people for lower-paid unskilled jobs for which foreign workers are often judged to have a better work ethic.

The CBI argues that migration plays a key role in making the British labour market flexible and Sir Digby Jones, its Director-General, has said that Britain must send a clear message to overseas workers that their skills will be welcomed. The expected rush to bring in people from Eastern Europe does not seem to have happened. Almost equal numbers of employers hired people from the 15 established EU states, from the new EU members and from non-EU countries.

One advantage of migrant workers may be that some are less likely to demand flexible working, maternity or paternity leave, which the CBI says are now becoming a greater burden on business. Nor do many expect to stay long enough to be concerned about pension schemes. The survey, published to coincide with this week's Trades Union Congress, finds that only 26 per cent of companies now offer employer-guaranteed final salary pensions, less than half the number of just three years ago and down from 30 per cent in 2004.

In just a few sentences, this article raises a number of potentially serious issues:

HOW HR2all CAN HELP...

The contracts, handbook and discrimination sections can be found within our 'employing staff' module. Discrimination is also covered within our 'HR and records' module along with taking disciplinary action and information on pensions.

BUSINESS LINK FOR LONDON - FRIDAY 2 SEPTEMBER 2005

SME RECRUITMENT OUTPACES LARGE FIRMS

Small businesses are recruiting new staff at a faster rate than their larger rivals, research reveals.

According to the survey by recruitment company Manpower, 16% more medium-sized and 15% more small businesses intended to expand rather than reduce their workforce in the three months to September. For large firms the figure was just 11%.

Ruth Hounslow, from Manpower, said: 'For the fourth quarter in a row, SMEs are expressing more recruitment optimism than large companies. This is good news for UK business as a whole, as they represent the majority of British companies. However, due to their often smaller recruitment functions, SMEs can be hit hardest by skills shortages in the market place. Because of this, recruitment and retention should be high on any SME's list of priorities.'

HOW HR2all CAN HELP...

Our recruitment section within the 'employing staff' module will guide you through the various stages of recruitment as quickly and easily as possible. Areas covered include writing a job description, determining the perfect person for the job and creating an advert, as well as interview forms and reference requests. Now may also be the time to review your staff handbook. Recruitment is a costly process in terms of time and money so it's wise to hang on to the staff you have. Comprehensive policies and benefits can all help to motivate and retain staff. See our handbook section, also within the 'employing staff' module for ideas and documents.

TIMES ONLINE - TUESDAY 13 SEPTEMBER 2005

BRITAIN'S RANKING FALLS FOR EASE OF DOING BUSINESS

Britain has slipped back in the race to be the best country in the World for doing business, despite being the easiest place in the World to gain credit, the World Bank said yesterday.

The UK fell from seventh place to ninth place in a league table for ease of doing business, in the World Bank's annual analysis ‘Doing Business in 2006'.

The blow to Gordon Brown's claims to be boosting Britain 's competitiveness coincided with further bad news from official figures that showed the nation's productivity performance also continuing to lag behind the average for the Group of Seven (G7) big economies.

In the World Bank's latest assessment of business environments around the globe, New Zealand topped the list, followed by Singapore and the United States. Canada and Denmark raced ahead of Britain in the league, which tracks the level of regulation required to start companies, run them, pay taxes and wind them up.

HOW HR2all CAN HELP...

Our comprehensive service can help you cut through red tape and quickly resolve issues, leaving you free to concentrate on running your business.