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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
The Electricity at Work Regulations says that:
“No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger/injury unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work.”
A spokesperson for the HSE said it is down to the employer in terms of how they would actually judge a person’s competency, but generally he/she should have successfully completed an assessed training course that has included the type of work being considered, or had experience of that work.
Workplace Law’s health and safety advisor Bill Scholes agrees:
“If someone is testing the equipment then you would expect them to be is NICEIC registered, or have a City & Guilds qualification, or NVQ levels 3 or 4. You would have to look for some sort of evidence of them being on a formal training programme, but there is no hard and fast answer.
“The law says you can only work on machinery live if there is no reasonable alternative, and that is very rarely the case. You should look at the scenario and think: ‘How can we do this without the power on?’”
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Charles,
Apologies for any confusion - we have another article about this case on the website, which can be found at this address:
http://www.workplacelaw.net/news/display/id/15382
This article gives the following advice:
"This [case] is very important for employers because it is central to the disability discrimination test applied when an employee has their employment terminated after long-term ill health absence.
"If all employees with the same length of absence and future prognosis are dismissed, whether they have a disability or not, that is now not less favourable treatment under the Disability Discrimination Act (when it would have been before this decision). That means such decisions to terminate do not have to be considered by a Tribunal on the difficult test of "justification", they are simply not disability discrimination at all.
"This does not mean that [solicitors] are advising employers to dismiss all long-term ill health employees as:
* unfair dismissal law still applies, meaning their incapability to do the role must be fairly established;
* Tribunals are still very sympathetic to employees in these circumstances;
* this case is actually about the goods and services provisions (it related to someone with schizophrenia being evicted from a council house) and there may be an argument that the test for employment is different. On reading this decision we think that will not be the case but a cautious employer may want to wait for subsequent confirmation from Employment Tribunal/Appeal Tribunals; and
*employers are still under a duty to make reasonable adjustments under the Disability Discrimination Act, so prior to dismissal must exhaustively explore alternative ways of the individual returning to work including adjusting their role, providing training, and moving them to alternative vacancies.
"What this decision does do, however, is move the balance of any risk assessment regarding the dismissal of a long term sick employee significantly more in the employers’ favour."
Both articles have been put on the website as the case is thought to be so significant. We will also look to publish an article about what this will mean for employers in practice as soon as possible.
I hope this helps!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Justin,
I have added in some details about the costs to the bottom of my article - however, the tariff is quite complex, so if you are concerned I would check the PRS website.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Hi John,
Apologies for any confusion, the details of the agreements were only just emerging yesterday and there still needed to be some clarification, However, the European Commission has now published more information about the agreements, including the news that:
* on-call time will be split into active and inactive on-call time, with active on-call time to be counted as working time; and
*inactive on-call time may not be counted as rest time and can be counted as working time if national laws or social partners [trade unions and organisations representing employers] agree.
For more information, go to this link:
www.workplacelaw.net/news/display/id/15188
I hope this helps!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Diarmuid,
In response to your post, Workplace Law Network spoke to an expert to find out more about vehicle maintenance and employer responsibility, and have produced a news story and briefing based on his response.
Click here to read the news story:
http://www.workplacelaw.net/news/display/id/15017
And here to read the briefing:
http://www.workplacelaw.net/news/display/id/15016
It makes for interesting reading!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Thanks for your comments - listening back to Dr Hogan's interview, it seems he was providing a lay-person's overview when he mentioned the "one hour" user definition and the use of the term PC instead of VDU, instead of offering definitive guidance on the matter. To avoid any confusion, I have included a full definition of a DSE user at the bottom of the article.
Apologies for any confusion caused.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Sticks and stones, Martin!
Just to let you know, you too can upload a photo to your profile, just click on the icon above your name in the top left corner of the page and follow the instructions.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Yes, this was Workplace Law Network's April Fools' Day story - in fact, 'Avril' is French for April and 'Wariat' is Polish for fool. Aren't we funny?!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Premium members of Workplace Law Network can download a white paper called 'Disciplinary and Dismissal Procedures: grappling with them in the workplace'.
Go to http://www.workplacelaw.net/news/display/id/13718 for more information.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Hi Martin,
This 'what the papers say' story was put on Workplace Law Network as a news flash, in case the investigation into the fire turns into a test of the Scottish fire legislation.
I hope that answers your question!
Thanks,
Claire Fuller
News and features writer
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Apologies, Julian - I have rectified the mistake.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Hi Mike,
Apologies - we had got a calculation wrong!
For nine days of absence over three periods, the calculation should be 3 x 3 x 9 = 81, rather than 3 x 3 x 10 = 90, as was previously written. It was a maths error rather than a formula error, and it has now been rectified in the briefing.
Once again, sorry for the mistake, and the author passes on her sincere thanks for drawing it to our attention!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
On a similar note to the previous post, Workplace Law Network is currently trying to put together some information on how facilities managers are coping with the smoking ban.
So, has anyone come across any unforeseen problems with the ban? And how have you dealt with these problems?
Or has the smoking ban been implemented in your premises without any fuss?
Let us know!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Workplace Law Network published a white paper yesterday called "Hot Work Permits: minimising the risks".
Premium members can download it from here:
http://www.workplacelaw.net/news/display/id/12597
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
My comment refers to the imposition of one set of cultural values on someone from outside that culture - I wasn't saying the comments are racist, I'm just saying that in the multicultural society we live in we should accept that some people want to do things differently to others, and dress codes should be mindful of this.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
How different would the comments here be if a non-Muslim hairdresser had been refused a job at a salon owned by a Muslim for NOT wearing a headscarf?
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Well said, Martin!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Hello,
We have looked into the new holiday entitlement rules a little further to clarify the bank holiday issue, and have produced a news article about it:
http://www.workplacelaw.net/news/display/id/11555
I hope this helps!
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Hi Richard,
We have a white paper called "Portable Fire Extinguishers: to use or not to use?" available for Premium Members to download which might help. Go to http://www.workplacelaw.net/news/display/id/10080 to find out more.
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Claire Fuller - Workplace Law Network
Online advisor - 32 posts
Here is the advice given by Su Peace (who works with the Department of Communities and Local Government and the Building Research Establishment in formulating new legislation on means of escape) in her contribution to Fire and Disability 2008: Special Report (http://www.workplacelaw.net/news/display/id/10466):
“Some disabled people will require assisted escape. In these cases it will be necessary to have a pre-arranged meeting place. If the disabled person is likely to move around the building a communication process will be necessary between the escape volunteer and the disabled person. They can then arrange to meet at a particular refuge point during the escape.“
Therefore, it would seem that as long as the wheelchair user and designated helper arrange to meet at a certain refuge and this is practiced beforehand, there should be no problem if an emergency occurs and they find themselves on different floors. A stairwell should be a point of refuge as it would also be a fire exit, meaning it should be safe from fire until the building is evacuated.
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