Did you mean to type: Employing Someone with Learning Difficulties the considerations? (32 results)
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...us 18 SURVIVAL OF THE FIT NOTE One year on and the fit note has made no inroads on levels of sickness absence, reports Sara Bean. 34 DOES THE POLLUTER PAY? Colin Malcolm examines the extent to which the polluter pays principle can actually be enforced on business. 45 END NOTE Employers that think employing a new member of staff is too expensive tend to be those who recruit because of churn rather than growth, says Neil McDiarmid. teChniCaL 38 THE DATA HEALTH AND SAFETY: Prosecution of safety experts illustrates the importance of checking the competence of health and safety advisors. 22 BY ROYAL CHA...
Magazine issue | 5 Jul 2011
...y. As Lord Young states himself in the report: `One of the great misconceptions, often perpetuated by the media, is that we can be liable for the consequences of any voluntary acts on our part.' Young makes the point that the Lord Chief Justice himself has said he has never come across a case where someone was sued in these circumstances. So it does beg the question, if the legislation isn't necessary, why go to the trouble of putting it in place? If `Common Sense, Common Safety' really intends to simplify health and safety, shouldn't it avoid adding unnecessary legislation to the statute books, just...
Magazine issue | 1 Nov 2010
... Despite watering down previous proposals from the Sentencing Advisory Panel, if these guidelines do come into force it could mean companies facing fines running into millions, rather than thousands, of pounds. Currently, if an organisation is found to have breached health and safety law and killed someone, the normal ball park for a fine is between £100,000 and £250,000. The guideline proposals are likely to increase the magnitude of a fine in similar circumstances by a factor of ten if the company is instead charged with Corporate Manslaughter. The consultation guidelines state that, for the offe...
Magazine issue | 8 Jan 2010
...f work for longer than 48 hours a week? An employer would need to properly risk assess the activities and consider what effect fatigue, lack of concentration, stress or other possible by-products might have on the health and safety of the employee or others in contact with them. An example might be someone who has to drive home early in the morning after an extended or a series of extended shifts could easily have an accident resulting in serious or fatal injuries. There is a middle ground between the Government and the unions, however; David Walker, Partner with law firm Dundas & Wilson, says the e...
Magazine issue | 5 Feb 2009
...orm the Suzy Lamplugh Trust, the Loneworking 2008: Special Report is essential reading for all those with responsibility for their employees' health and safety. CONTENTS LIST 1. Legislation 2. Employment issues 3. Health and safety issues 4. Risk assessment An increasing amount of organisations are employing lone workers, in all areas of industry and business. flexible Working Regulations have enabled employees to enjoythebenefitsofworkingfromhome; today's 247 culture means that more companies are open around the clock; and greater automation in industry has meant a shift from the traditional 95 wo...
Magazine issue | 5 Jun 2008
...rough training for each and every individual. 08 CASE LAW n Council criticised after hiring private detectives to follow a sick employee n Nursery owner first to be prosecuted over minimum wage n Man who filed tribunal paperwork 88 seconds late has claim thrown out 16 THE RISING COST OF EMPLOYEES Employing people just got more expensive, with rises in the minimum wage, increased holiday entitlement and extended maternity/paternity rights. Small companies such as care agency Acme Care are now left wondering "how am I going to afford this?" TECHNICAL 32 LEGAL UPDATE In-depth technical guidance on: mus...
Magazine issue | 16 Oct 2007
... we still need a Bill of this type? See p. 12 onwards. We also compare the UK's approach to health and safety legislation with that of other regions of the world -- what other systems are working, which countries have the best health and safety records, and how much does it cost an employer to kill someone in the worldwide workplace? Read the alarming statistics from p. 8. Regards, Editor Editorial Assistant Report Writer Stephanie Ramasamy T. 01223 431 070 Claire Fuller Project Editor Alex Davies Design Gary Jobson Photography istockphoto.com Production Controller Mike Horscroft Membership Servic...
Magazine issue | 1 Jul 2007
...d up paying for benefits they will never see? Muddling along Dyslexia is thought to affect 10 per cent of the British population but the signs often go unnoticed in the workplace. Under the DDA, employers who don't make reasonable adjustments for an employee with dyslexia are discriminating against someone with a disability. MAY Religious beliefs can bring with them strict requirements on an employee's day-to-day activities, perhaps demanding that they practise certain rituals within the workplace, as Workplace Law Magazine revealed in May. Difficulties may arise where the requirements of a job dema...
Magazine issue | 1 Dec 2005
...akes precedence in less straightforward areas such as this is common. The simple answer is that health and safety does always come first, and does in fact override the provisions of the Disability Discrimination Act. But, as a rule of thumb, health and safety should not be used as an excuse for not employing or not continuing to employ disabled people. In a fire evacuation briefing, the Disability Rights Commission (DRC) commented that `during the fire fighters' strike last year, some disabled people were refused entry to buildings because the building managers wrongly believed that the fire service is...
Magazine issue | 1 May 2005
© Workplace Law Group 2008 All rights reserved Elective surgery in the spotlight Elective surgery in the spotlight Elective surgery is becoming relatively common. Whereas once it was unusual to find someone who had opted for elective surgery, developments such as laser eye surgery, dental implant surgery as well as more cheaply available cosmetic surgery mean it's probably unusual to find a workplace unaffected by this issue. Does your sickness absence policy cover it? Most sickness absence policies a...
News analysis | 12 Nov 2008
...d because Mrs Wheeldon’s manager failed to sit down and discuss the situation with her. But for that breach of duty, her symptoms would not have reached the stage where she was unable to cope any longer. The Court of Appeal also commented that "it will only be in exceptional circumstances that someone working for two or three days a week with limited hours will make good a claim for injury caused by stress at work". Mr Green Mr Green’s claim against his employer in relation to his depressive episode was dismissed principally on the basis that the employer could not have been expected to ...
Case | 31 Jan 2005
...s may restrict recruitment of women and other minority groups. Longer term insecurity at work. Could create less loyalty with their employer for a longer period. Employees: 58. In the experience of employers, how important is the current oneyear qualifying period in weighing up whether to take on someone? Would extending this to two years make you more likely to offer employment? WPL: We do not believe the gains would justify this retrospective step. Some employers may take on additional employees but we are likely to see increased discrimination issues and claims. 59. In the experience of employee...
News analysis | 4 Apr 2011
... carry out a fire risk assessment and implement and maintain a fire management system. In most cases the responsible person is easily identifiable; however, sometimes several people will share the responsibility for example, in shared premises or larger businesses. The responsible person will be someone who has control over premises, or over some areas, departments or systems. For example, it could be: · theowner,employeror manager of a business; · theownerormanaging agent of premises which are shared between a www.workplacelaw.net Comment particulars can then be planned and budgeted for and i...
Magazine issue | 1 Jul 2010
...ailed to make reasonable adjustments; and unfair dismissal for an unauthorised interview broadcast. HSE: Prosecutions for a fatality under the Health and Safety at Work etc. Act 1974; and imprisonment for Gross Negligence Manslaughter 37 END NOTE Having a disability doesn't automatically `qualify' someone to provide advice in the built environment, argues Jim Taylor, NRAC Access Consultant. In association with: eMPLoyMeNt uPdate 13 NEWS Warning to seek legal or HR advice before making staff redundant; inquiry considers the representation and treatment of women in finance; and concerns at cost of A...
Magazine issue | 1 Sep 2009
... Certificates of Sponsorship (CoS). The type and number of licences a company requires is determined by a number of factors, including its business operations over the next four years; its legal structure; the number of current employees who have Work Permits; the number of new hires it anticipates employing; and the number of existing employees who may travel to the UK for temporary or permanent assignments. Anne Morris of Davidson Morris Solicitors says these new regulations have actually been designed to make the process much more practicable and user-friendly. "Before the new legislation came in th...
Magazine issue | 1 Jun 2009
...ay entitlement increases from 24 to 28 days. However, following a recent ruling, it is holiday leave and sickness absence that employers should be more concerned about. Caroline Merz takes a look at Stringer v. HMRC (2009) to find out more. "Be more stringent, and more interventionist. If you have someone on long-term sick leave that isn't being paid, one option is to insist they take annual leave during that period, which stops a huge accrual building up." Being interventionist also means looking closely at the medical condition of someone who's on long-term sickness absence and the likelihood of t...
Magazine issue | 1 Apr 2009
...the building with a sort of catapult system, with instructions to leave the wheelchairs in the building "in case they get hot". The episode takes a lighthearted look at what is actually a very real issue -- is it always safest to evacuate everyone from a building in a fire situation, or can leaving someone in a `safe' place sometimes be the better option? A debate surrounding the use of evacuation chairs versus the use of refuges has been raging on the Workplace Law Network forum since 2003, and one of the comments that came from retired senior member of the Fire Brigade, John Clenaghan, was that if ...
Magazine issue | 10 Jul 2008
...miniaturised phones difficult to use, and therefore developed a phone with big buttons. Again, this is about effortless inclusion -- not only the people who found little phones hard to use bought the big button phones, but other people did as well just because it was simple to use. And it came from employing an employee who was arthritic." However, whilst BT strives to make its workforce as inclusive as possible, Wilson believes there isn't a place for positive discrimination at BT: "The only point where we have positive discrimination is that we are a `two ticks' employer. What that means is we will g...
Magazine issue | 1 Jan 2008
...s in emergency situations Steve Maslin, NRAC Consultant The subject of cognitive impairment is perhaps less well understood than other impairments, particularly within the realm of the built environment. There remains a potential for anybody to experience a degree of cognitive impairment -- even if someone has never been described as having a "learning difficulty", "language difficulty" or "psychiatric condition" -- particularly in emergency situations. This, however, should not be taken to diminish the importance of issues that can cause some people to become especially vulnerable in emergencies due...
Magazine issue | 8 Nov 2007
...rk members on a hot topic. 14 Smokebusters Under the smoking ban local authorities will have wide ranging powers, including powers of entry, legal penalty and prosecution. What exactly will this mean in practice for businesses? Will Council employees be swooping into action wherever and whenever someone lights a cigarette? Nick Jordan spoke to three local authorities, across Scotland and England, and asked them how enforcement works for them LEGAL UPDATE 26 Case law Legal experts offer their advice to employers on the implications of recent case law. 19 Smoking-related litter -- Who is responsi...
Magazine issue | 1 Jun 2007