Quest Consulting are a human resources and health and safety specialist company and have advertised their business with Going Local for over twelve months.  In June 2008 they began writing articles for Going Local which give practical advice on employment issues.  If you need further advice or clarification on an employment matter you can visit their website at www.quest-hr.co.uk

 

 

 

 

Corporate Manslaughter Act

What this means for Business Owners/Directors

The Corporate Manslaughter and Corporate Homicide Act came into force on the 6th April 2008 and the first case to be prosecuted will be decided in early 2010.

This means that health and safety offences and gross negligence manslaughter will apply to individuals and so business owners and directors can be personally prosecuted and sentenced to fines and / or imprisonment.

What types of activities could result in gross negligence if not managed correctly?

            Manual Handling

            Driving on company business

            Handling chemicals or dangerous substances

            Working with machinery and equipment

            Fire and Electrical safety

            Hot work ......Plus many more!

How can I protect myself as a Director / Owner?

Ensure you are meeting the statutory requirements for Health & Safety in the workplace

Train your staff on what they should be doing to safeguard their own Health and Safety

Get advice from a competent advisor or ensure you have a sufficiently qualified member of staff to handle your Health & Safety

Make sure your Health & Safety Management system assesses the hazards and risks on a regular basis

Ensure all equipment, machinery, vehicles etc are well maintained and serviced

If you are not 100% sure if you meet the Health & Safety requirements and would like to benefit from a free assessment then contact Quest Consulting Services on 0113 2512121 quoting reference GL1209 and we will arrange for you to receive a copy of the HSE publication 'Leadership Actions for Directors and Board Members' and book a free visit from a Health & Safety Advisor.

Health & Safety at work

If you work for a Company who employ 5 or more staff, there are legal requirements your employer must take to ensure your safety at work. These 10 steps are the requirements set out by the Health & Safety Executive for Employers to follow:

1. Decide whether you need to notify the HSE or your Local Authority about your business (This only applies to certain industries)
2. Take out Employers Liability Compulsory Insurance and display the certificate
3. Make sure you have someone competent to help you meet your H&S duties
4. Decide how you are going to manage your H&S - this is your H&S policy
5. Decide what could harm people and what precautions to take - this is your risk assessment. You must act on the findings of your risk assessments.
6. Provide basic welfare facilities such as toilets, washing facilities and drinking water.
7. Provide free H&S training to your workers
8. Consult your workers on H&S
9. Display the Health & Safety Law poster or give workers the leaflet containing this information
10. Report relevant work related accidents, diseases and dangerous occurrences.

Employers who are found guilty of ignoring their Health & Safety obligations can be subject to hefty fines from the HSE.

If you have concerns with your working conditions and feel you may be at risk it is essential that you highlight this to your Employer immediately. You may do this informally or you can use the grievance procedures your employer should have in place.

Employment Updates April 2009

There have been a number of changes from 6th April 2009 that affect employers and employees.

Statutory Holiday Entitlement

Statutory Holiday entitlement has now increased to 28 days per annum  inclusive of bank holidays.  This means you should receive a minimum of 20  days holiday per annum PLUS bank holidays (pro rata for part time)

 Employees should take a minimum of 4 weeks holiday a year and if you do  not take your 4 weeks per year this cannot be paid in lieu or carried over

 If your employer offers more than the minimum holidays per annum these  may with your agreement, be carried over or paid in lieu

Flexible Working

The Employment Act 2002 introduced a statutory right for employees to  request flexible working which can include changes to the number of hours  worked, work patterns or work location.  The right applies to employees  who have worked for the employer for 26 weeks and who have parental  responsibility for a child.  The age limit for the children has now been   extended from under the age of 6 years old to children up to the age of 16.

 The right to request flexible working still also applies to employees with  disabled children under 18, or carers for an adult who lives with them

Statutory Maternity, Paternity and Adoption pay

The standard rate of statutory maternity pay, statutory paternity pay and  statutory adoption pay increases from £117.18 to £123.06 per week

Statutory Sick Pay

Statutory Sick Pay increases from £74.40 to £79.15 per week

 

Redundancy 

 

The provisions do not cover:

• anyone who is not an employee - for example, an independent contractor or freelance agent;
• members of the police service and armed forces;
• masters and crew members engaged in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel;
• Crown servants and Parliamentary staff;
• employees employed for a fixed term of three months or less, or engaged for a specific task which is not expected to last more than three months, unless in either case the job actually lasts for more than three months.

If as an employer you plan to make 20 or more redundancies within a 90 day period then your obligations are slightly different as this is deemed as 'collective redundancy' and you should ensure you seek professional advice.

FAQ:

Q: What does 'redundancy' mean?

A: This means your dismissal has been caused by your employers need to reduce their workforce. This generally means your job has disappeared; it is not redundancy  if your employer immediately takes on a direct replacement for you.

Q: Who qualifies for a lump sum redundancy payment?

A: You must have at least 2 years continuous service and also meet additional criteria set within the provisions.

Q: If I leave my employment before the end of my notice period will I still receive a redundancy payment?

A: Check with your employer's representative as you may forfeit any payments if you leave before the end of your notice of redundancy period.

Q: Are redundancy payments taxable?

A: Statutory payments are not taxable however you may pay tax on other redundancy payments.

Q: Should my employer give me time off to look for another job?

A: Your employer will be advised to give 'reasonable' paid time off to allow you to secure other employment.  

 

Maternity / Paternity - The basic facts

 

For both employers and employees understanding maternity and paternity rights can be a minefield so we have put together some basic facts to help you out.

Maternity 

All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Except for the first appointment, you must show your employer, if requested, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made 

Statutory Maternity Pay (SMP)

• You are entitled to SMP if you have been employed by your employer for a continuous period of at least 26 weeks ending with the 15th week before the expected week of childbirth, and have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions. SMP can be paid for up to 39 weeks; it is payable by the employer but partly (or, for small firms, wholly) reimbursed by the state.
• From April 2008 the standard rate of SMP is £117.18 a week (or 90 per cent of your average weekly earnings if this is less than £117.18 a week). For the first six weeks the rate is 90 per cent of average weekly earnings with no maximum limit. The standard rate of SMP is reviewed every April.

Maternity Allowance

• If you do not qualify for Statutory Maternity Pay you may be entitled to Maternity Allowance (MA), paid by the Benefits Agency, for up to 39 weeks. To qualify, you must have been employed or self-employed for 26 weeks out of the 66 weeks before the expected week of childbirth and have average weekly earnings of at least £30. 

Who qualifies

To qualify for maternity leave, you must tell her employer by the end of the 15th week before the expected week of childbirth:

• that you are pregnant
• the expected week of childbirth, by means of a medical certificate if requested
• the date you intend to start maternity leave. This can normally be any date which is no earlier than the beginning of the 11th week before the expected week of childbirth up to the birth.
• Your employer must then write to you within 28 days of your notification, setting out your return date. You can change this date if you give your employer 'eight weeks' notice.

Paternity

To qualify for leave, you must tell your employer in writing at least 15 weeks before the beginning of the week when the baby's due or within seven days of being told by the adoption agency that you've been matched with a child.  You need to tell your employer:

• when the baby is due or when the child is expected to be placed with you for adoption
• whether you want one or two weeks' leave
• when you want the leave to start

You must give your employer 28 days' notice of the date on which you want your Statutory Paternity Pay (SPP) to start.
A simple way to give notice is to fill in a 'self-certificate'. You can download Form SC3 'Becoming a parent', which works as a self-certificate from www.direct.gov.uk .You can change the date that the leave and pay start, as long as you give 28 days' notice. You should tell your employer the date of the birth or actual date of adoption placement in writing if your employer requests it. However, you do not have to give your employer any medical evidence of the pregnancy or birth to claim statutory paternity leave or pay. 

Statutory Paternity Pay

You pay tax and National Insurance on SPP in the same way as on your regular wages. Your employer reclaims the majority of SPP from their National Insurance contributions. To qualify for SPP you must pay tax and National Insurance as an employee.

• If you have more than one job you may be able to claim SPP from each employer.
• If you are arrested or sent to prison during your paternity pay period your employer no longer has to pay you SPP.
• Your employer can not pay paternity pay in any week when you are working or getting statutory sick pay. If you are unwell before taking paternity leave, you should postpone your leave.
• If your contract ends after your child is born you will still be able to get SPP unless you begin working for another employer.