Comments by Lisa Dormon

Lisa Dormon
Member - 24 posts

There is something called The ACOP to Reg 25 of the Workplace (Health Safety and Welfare) Regs. This states that :-
'Suitable and sufficient facilities shall be provided for persons at work to eat meals where meals are regularly eaten in the workplace'.
An employer should also provide a source of drinking water and unless disposable cups are provided a facility for washing cups, mugs etc should be provided nearby.
Copied from Kevin Browns comments at http://www.workplacelaw.net/forums/listComments/thread/Hot%2BFood%2Bat%2Bwork/thread_id/2856

On a practical note, we have a kitchen area, which our Director has kitted out extremely generously (2 microwaves, filter coffee machine, US style fridge, panini machine, toaster). However there is always a minority that abuse this area. We have taken the following action:-
We made it clear that people are expected to clear up after themselves. This includes putting cups/plates in the dishwasher. There is also a dishwasher rota notice displayed in the kitchen - A list of names against dates saying who should put the tablet in and turn it on last thing at night. Again, some people refuse saying they don't use the facilities, but this had been dealt with by the manager taking them to one side and "discussing" their objection. However most staff tend to remind that person that it's their turn.
Regarding the fridge. We put a notice on that saying all food will be removed on Fridays, and our cleaner is requested that at least once a month the fridge is completely emptied and cleaned out. (She doesn't charge us extra for this but you might need to discuss this with your cleaner.) Tea Towels etc, are cleaned by the cleaner too.

As the kind of office manager, I send reminders out to people every so often to ask for the fridge to be emptied too. The MD has mentioned it at our monthly company meeting too about the area being kept tidy, but probably only 3 times in the 3 years we've been at the site.

Hope this helps.
Lisa

Lisa Dormon
Member - 24 posts

In lots of companies where I have worked the employer often provided life insurance cover of 3 or 4 times earnings, for your nearest and dearest, should you unfortunately die whilst employed.

I can only imagine the horror of employers realising that their insurance premiums are going to sky rocket to cover these over 65 workers, which I would presume have a far greater chance of passing away than the under 65's. Especially if we're talking about working up to 70 and beyond.

Lisa

Lisa Dormon
Member - 24 posts

If it varies that much, and isn't consistent could you not say:-

If a full time persons holiday entitlement is 25 days plus 8 days for bank holiday, so a total of 33 days, could you not divide this into an hourly amount. eg, 33 days for a F/T person working 37.5 hours for 52 weeks of the year = 1950 hours. divide 33 into 1950 = 0.016923 of holiday for each hour worked. They can then accrue their holiday with their hours. They would need to work for 59 hours to be entitled to 1 days holiday.

I'm not an expert on payroll, and there may be a very good reason why you can't just add an amount to their salary for the holiday. Eg, paid £10 per hour, you add 16.923 pence per hour worked to cover the holiday value.
You could easily show this amount separately on any payslip.


Not sure this helps, but it seems logical to me.

Regards
Lisa

Lisa Dormon
Member - 24 posts

I don't know if it's a definitive answer, but at two different companies where I worked, we applied this rule.
Holiday year runs Jan to Dec. If they left in September 2007, and return in October 2008, they are entitled to their full entitlement of holiday for the 2008 holiday year on their return, so 25 days. We only worried about bank holidays if the employee was part time.
If their contract says 25 days plus bank holidays, I don't think the 4.8 weeks applies.
Lisa

Lisa Dormon
Member - 24 posts

My husband used to service defibs, many years ago. Quite often when he went into care homes, he would be told to wait while they found the defib. Only for it to be carefully locked away in a store cupboard, under some blankets, with dead batteries.

Lisa

Lisa Dormon
Member - 24 posts

Thank you James.

Our contract doesn't mention a particular client.

I would have thought as Teams/Managers and clients can change quite a lot over a year, especially in smaller service style companies, it would be extremely difficult to return to the exact same job. But you never know until it's challenged, quite how it will work out.

Thanks
Lisa

Lisa Dormon
Member - 24 posts

I have a query regarding the situation around a British national, to be based in the UK, but employed and paid by a US company.

Which country's employment laws apply?

For example. Often in the US they "give" 5 sick days a year. Would this still be relevant? Or does UK SSP overrule this?

Also regarding holiday. The US normally gives 15 days plus statutory. However this would only equal 23 days in the UK which is below the statutory minimum. Again does anyone know what should apply.

Thanks very much.

Lisa

Lisa Dormon
Member - 24 posts

I saw the article this morning about removing the differences between OML and AML. I have a question about the phrase "return to the job that they had prior to going on maternity leave".

We have a number of Client Service people, that are graded 1, 2 and 3. However these people are generally assigned to a particular client. So if someone who is an Client Service 2, that is assigned to the Client A team, returns, and we want them to work as Client Service 2 for client B, with a new line manager, is that OK? The work would be broadly similiar.

Also if an Client Acct Manager went on Maternity leave, can they insist on returning to the client they had when they left, or can they be assigned to a new client?

Many thanks
Lisa

Lisa Dormon
Member - 24 posts

Sorry, can I just clarify.

If an employee is listening music via personal headphones (either internet radio or mp3 player), then that's fine - no licence required.

If a manager is playing music via his computer speakers in his office with the door shut, but it's so loud everyone can hear it anyway - he needs a licence?

Have I understood that correctly?

I wonder what the situation is for the people that play music through headphones on the tube but everyone can hear it anyway?

Lisa

Lisa Dormon
Member - 24 posts

We had a similiar situation with a part time worker.

We agreed that there are 8 bank holidays in a year (Jan to Dec holiday years work best, because of Easter moving about). Then work out pro rata what the bank holiday Entitlement is.

So someone working only 2 days a week receives 2/5ths of the value of bank holidays added to their holiday entitlement. So if FT you get 25 days holiday plus bank holidays, a PT 2 day a week person would get 10 days plus 3.2 days, and a pt 3 day a week person would get 15 days plus 4.8. Then when there is a bank holiday on the day they would normally work, a day is deducted from their holiday entitlement.

That way the bank holidays were fairly applied across the board.

Does anyone else have a way they apply bank holidays.

Lisa Dormon
Member - 24 posts

Thanks Jem. That's interesting. They certainly haven't received any kind of formal training. Probably just the Director talking them through the form.

Thanks for that.

Lisa

Lisa Dormon
Member - 24 posts

Hi William, Dave.

Thanks for your responses.

I think this is what my Director is afraid of. He thinks everyone will start wanting screen stands and foot stools.

I've found the VDU checklist form HSE, but he still thinks the manager can complete it.

Oh well.
Lisa

Lisa Dormon
Member - 24 posts

I've highlighted to my Director that we are supposed to conduct a DSE assessement for all our employees (they all use computers for a significant part of their day).

Do the employees need to complete a form individually, or can a line manager complete a form for a group? I think the former, my boss thinks the latter!

Thanks

Lisa Dormon
Member - 24 posts

I knew probationary periods would come around to bite me again.

Under our employment contract we say everyone is on a probationary period for 3 months. The wording of the contract says
Less than 1 month’s service – nil
1 month’s service to the satisfactory completion of your probationary period – 1 week
From the satisfactory completion of your probationary period – 3 months

This is on both sides.

I now have someone who has completed 15 weeks with the company, but was not written to, to confirm their completed probation period, that has now resigned. I am somewhat concerned as to which notice period is actually applicable? 3 months or 1 week?

Any advice?

Lisa Dormon
Member - 24 posts

I may be wrong here, and happy to be corrected. But I assume that Mr Corr received some form of compensation benefit at the time of the accident. Would this amount not have included a element of money that should have been used towards Mr Corr receiving some form of counselling and/or future treatment?

Lisa Dormon
Member - 24 posts

Linda, we have these "Training Reimbursement" forms at my company. But we also have a section regarding this in our contract of employment.

The reimbursement for the cost of the training drops by a quarter every six months. So if you leave between 6 months to 1 year after completing the training you have to repay 3/4's of the cost. I specify completing, because some training courses paid for by my employer are things like Marketing Diplomas, and they take a year or more to complete.

One thing you will want to watch is the reimbursement. I'm not a payroll expert, but I do believe there are only certain things that can be deducted from someones pay. We specify on the form they sign that it will be deducted from their pay, so they know about it, and again in their leaving letter we mention it.

We don't do a great deal of external training, but of those I have had about 70% leave regardless of the signed form.

You might want to think about differentiating between Essential, which isn't deducted, and Optional/Personal which are.

Lisa Dormon
Member - 24 posts

Thanks Martin

That helps a lot.

Lisa

Lisa Dormon
Member - 24 posts

I always remind my managers when their staff are due to complete their 3 month probationary period, and we even have a standard letter for the purpose.

But managers often ignore my reminders and I am now wondering what the position is for employees if they go past their 3 months with out any comment. Does this mean they have passed by default?

Lisa

Lisa Dormon
Member - 24 posts

Thank you Iain and Ivor.

I'm being told to "chill" about this. The Managers feelings are, as long as we have an alarm it doesn't matter if its bells or Sirens or Both, as long as the employees know to evacuate on either. So we won't be ignoring either of the sounds.

This issue is also hampered because we are a sub let, and our Landlord should be responsible for the alarm system (they have 3/4's of the building, we have a 1/4) and they say they don't have any money to change it.

It also sounds like someone will only check or enforce the issue if there is Fire. And as an office we have a low risk of this.

Thanks again for the legislation, but I have a feeling I'm fighting a losing battle.

Lisa