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Unions call for review of driving time regulations
... for Transport, Jim Fitzpatrick MP. In his letter he stated that: "If the improvements made to the enforcement regime do not bite quite sharply into the long hours culture then we believe that the Government would be fully justified in taking a more prescriptive approach, which should include trade unions taking a more direct role in enforcement of the regulations on behalf of their members."
News | 1 Dec 2008
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Survival of the fit note?
...ly not in the best interests for the UK." 34514 Union strike threat As we went to press, public sector union, Unison had threatened "the largest industrial action since the General Strike" over proposed pension reform. The Government is proposing a 3% increase in employee pension contributions and unions say that plans under discussion also include reducing pension benefits and staff being expected to work longer. 34421 Elder neglect A new survey from the Chartered Institute of Personnel and Development (CIPD) has suggested that older workers are often neglected when it comes to training and perfo...
Magazine issue | 5 Jul 2011
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Same old: has health and safety really changed after the Young review?
... Energy Efficiency Scheme. 46 DIARy Coming soon from Workplace Law. teChniCaL 38 ThE DATA PREMISES MANAGEMENT: A recent prosecution sheds light on the cost of ignoring neighbours' rights. EAT: A former employer was held liable to pay damages after it gave the claimant a eMPLOyMent uPdate 13 NEWS Unions and employers clash over changes to industrial action law; and public sector warning on redundancies and contract changes. 24 ON ThE WORkPLACE LAW PATh With the recent move to a new HQ, it's been a busy few months for Workplace Law. Sara Bean rounds up the action and looks forward to developments ...
Magazine issue | 1 Nov 2010
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Open for Business
...ens because both of the major parties have moved towards the centre. The main battle ground in employment legislation tends to be fought from the more extreme wings of either party." Richard Thomas, Capital Law: "The Tories may try to tighten up trade union legislation further to make it harder for unions to get a strike ballot off the ground. I also wonder if an incoming government may say that in assessing a strike you can take into account in some way the timing of the strike and whether it is planned to cause maximum disruption." 18 www.workplacelaw.net www.workplacelaw.net "One perhaps sur...
Magazine issue | 4 May 2010
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Celebrating 35 years of the Health and Safety at Work Act
...heir employer can do to help them return to work sooner. For example, if the employee has a problem with mobility, this could include suggesting a job where they can work sitting down rather than standing up. Developed with the support of healthcare professionals, employer representatives and trade unions, the new 'fit notes' will roll out across Great Britain in the spring of 2010. The aim is that under the new system, 'fit notes' will be computer-generated in GPs' surgeries, replacing the current handwritten version. Sources of information Working for Health: www.workingforhealth.gov.uk British D...
Magazine issue | 7 Jul 2009
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Unions press the government to move on dangerous roads
... single biggest cause of workplace death, but this is not reflected in official laws, enforcement and guidance, the TUC has told the government.Responding to DETR review on at-work road traffic accidents, TUC says there is an annual toll of at least 700 road traffic fatalities while at work, and is calling for action, including: work-time driving safety to be overseen by the HSE; work-time driving deaths and accidents to be reportable under workplace accident reporting regulations; negotiation and consultation with union safety reps on related issues; safer conditions and working hours; and better...
News | 11 Jun 2001
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Headache? Try new and improved law and regulation!
...smissed; private employer may be bound by public sector collective agreements after a TupE transfer The EAT has upset settled case law in a recent decision that suggests that private sector employers could continue to be bound by collective agreements negotiated between public sector employers and unions for years after a TUPE transfer. In Alemo-Herron & Ors v. Parkwood Leisure Limited, the employees were employed by the London Borough of Lewisham in the Council's 10 · cametotheendofa fixed term contract; or · resignedinresponse to action taken by their employer. Whilst good news for employers,...
Magazine issue | 1 Apr 2009
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What risk-related issues are on the agenda for 2008?
...al waste; noise; and even in-car distractions. In 2008, there appears to be little new risk-related regulation on the horizon, for now at least. Norwich Union Risk Services (NURS) training and consultancy manager John Phillips told us: "Businesses are tired of new regulations, and those who've been calling for 'better regulation' are starting to get their way, with the Health and Safety Commission and other arms of Government backing away from introducing any new laws. There even seems to be fewer directives coming from Europe now. "However, this does not mean that pressure on businesses to contro...
News analysis | 10 Jan 2008
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The year of living dangerously
...at it targets only the difficulties in prosecuting corporate bodies, and is not concerned with individual employees or directors. As Sean Elson says, `the present reforms have not been aimed at making it easier to convict individuals or make them more responsible, although victims' groups and trade unions have campaigned for exactly that. `Whilst we do not know the final form the Bill will take, it would be a substantial surprise if it were amended to provide additional individual liability. It is sometimes not properly understood that even if the proposed reforms are introduced as is, the law of gr...
Magazine issue | 1 Dec 2005
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Religious beliefs: should employers cater for all faiths?
...in workplace health. For instance, it has just set up Workplace Health Direct, aimed at offering advice to small and medium sized enterprises (SMEs). under the umbrella of `Securing Health Together', the HSE has for several years worked with the DH and other public bodies, plus employers, and trade unions on various initiatives around employment and health. The Scottish Executive has Safe and Healthy Working, occupational health and safety service targeted at SMEs. In Wales the Office of the Chief Medical Officer encompasses workplace health issues, among a range of public health activities. Back in...
Magazine issue | 1 May 2005
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No smoking? Employers face the costs of kicking the habit
...at is the case, then you may in actual fact have a very big problem. Have you ever thought about those individuals who are too scared to `come out' at work because of the harassment and abuse they will be subjected to if they do? Is that why you do not know? The TUC has recently issued guidance for unions and employers and is urging employers to consider monitoring workers for their sexual orientation. Any such monitoring needs to be treated with particular sensitivity and the TUC has set out some basic principles that should be established first, before launching headlong into a monitoring exercise...
Magazine issue | 1 Apr 2005
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Directors' responsibilities for health and safety
...If they meet the requirements of the Health and Safety at Work Act then employers need not concern themselves, and corporate killing becomes a bit of a non-issue. But one debate this has given rise to is that on the level of responsibility directors should be expected to take for health and safety. Unions in particular are keen to see directors individually punished for their health and safety failures, in addition to the company offence that the draft corporate killing bill will propose. In the wake of a number of high-profile cases that have gained masses of media attention such as the Hatfield...
Magazine issue | 1 Feb 2005
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Have we binned your Workplace Law Magazine?
... by 2080 every August could be that hot. But what would a heatwave mean for a workplace? Aside from the obvious (higher absence levels as employees head to the beach, less productivity, etc.) it could also lead to the introduction of a maximum workplace temperature. Every time there is a hot spell, unions call for the introduction of a maximum workplace temperature; during the 2003 heatwave, for example, the TUC called for a maximum working temperature of 30°C, or 27°C for those doing strenuous work. Its advice at the time was: "When the heat hits the maximum, employers should More than 150,000 r...
Magazine issue | 7 Apr 2008
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2005: getting to grips with the legal year ahead
...TI, the taskforce will report shortly, outlining what it felt were irreconcilable differences on the issue. The group, formed last year after ministers failed to reach an agreement on how to implement European legislation outlawing age discrimination, consisted of representatives from industry, the unions and age lobby groups. On the whole, employers are keen to maintain the default retirement age of 65. However, the prospects of an acceptable compromise being reached have been helped by the CBI now accepting that individuals should have a right to request to continue to work past the normal retirem...
Magazine issue | 15 Dec 2004
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Internships – Are you breaking the law?
...e Law. 14 CASE LAW Employee who sent offensive email from home computer was fairly dismissed; and Minister wins right to sue for unfair dismissal. 26 PROOF POSITIVE It's long been argued that too few senior roles are held in organisations by women, ethnic minorities or other For more information call 01223 431075 Visit recruitment.workplacelaw.net "The provisions of the Equality Act 2010 seem to be firmly in the Government's sights as part of this drive to reduce regulation on small businesses." P.15 3 www.workplacelaw.net workplace law health and safety editorial Comment from the Editor ....
Magazine issue | 3 May 2011
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ETs on the rise
...respass. These railway-related incidents come within scope of RIDDOR. · Donaghy Report response published CMS Cameron McKenna The former Government has published its Response to Rita Donaghy's report into construction deaths. The response followed widespread consultation across government, trade unions, 10 business organisations and the construction industry. Former Secretary of State for Work and Pensions, Yvette Cooper, stated: "I would like to thank Rita Donaghy and her team for their excellent work and their wide ranging recommendations. I hope that the action set out in the response furthe...
Magazine issue | 1 Sep 2010
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Sweeping changes
...am Council workers Up to 5,000 female workers have won their claims for equal pay against Birmingham City Council. Their claim was based on bonus payments which allowed male employees to earn in excess of £50,000 per year. The Tribunal will now go on to assess the level of award to the women which unions GMB and Unison estimate to be worth around £30m. The women had submitted claims against their employer in respect of their jobs which included cleaners, cooks and care assistants, and the Employment Tribunal agreed that the bonus payments made to the men were discriminatory. Large numbers of men e...
Magazine issue | 1 Jul 2010
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Dealing with bogus claimants
...is 48.5, increasing to 41.4 for 2010-11. There are reductions in the rates payable for many small businesses, and if the premises are empty. 24322 6 april New regulations and a register for tower cranes will be brought into force, following consultation by the HSE, construction companies and trade unions. The register is in response to increasing public concern about tower crane safety. Eight people have been killed in incidents involving tower cranes since 2000, including one member of the public. Each of the 1,800 tower cranes currently operational in the UK will be required to be registered with...
Magazine issue | 1 Mar 2010
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The world in your hands?
...ership or activities. The new Regulations will: · makeitunlawfulfororganisationstorefuse employment or sack individuals as a result of appearing on a blacklist; · makeitunlawfulforemploymentagencies to refuse to provide a service on the basis of appearing on a blacklist; and · enableindividualsorunionstopursue compensation or solicit action against those who compile, distribute or use blacklists. 25288 The first compliance period for the Waste Batteries and Accumulators Regulations 2009 comes into force. Batteries have to be disposed of in a specified way because of the chemicals contained withi...
Magazine issue | 8 Jan 2010
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The Diversity Dilemma
...nd resistance from the UK, a new Temporary Agency Work Directive 2008/104/EC (the `Directive') was finally approved by European ministers in June 2008. It has to be implemented in the UK by the end of 2011. Prior to the agreement on the Directive, the UK Government had brokered a deal between trade unions and the CBI, under which agency workers in the UK could only secure equality with their permanent colleagues after 12 weeks in the job. The terms of that deal, unenthusiastically described by employers' groups at the time as the "least worst option," may in time come to be regarded as a tactical bl...
Magazine issue | 2 Nov 2009
