Search results for Welfare Reform: new return-to-work duties for employers
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Welfare Reform: new return-to-work duties for employers?
The Welfare Reform Act 2007 will come into force in October; changing the way Incapacity Benefit and Income Support is awarded in a bid to encourage people with health conditions to return to work.Currently, individuals are assessed on a lack of ability to perform work-related tasks, whereas the new system f...
News | 30 Jul 2008
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Celebrating 35 years of the Health and Safety at Work Act
... defined in Edwards v. National Coal Board (1949) as "a narrower term than `physically possible'" where "time, money or trouble" may be taken into account when taking action on a risk. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. (2) Without prejudice to the generality of an employer's duty under the preceding subsection, the matters to which that duty extends include in particular: (a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, saf...
Magazine issue | 7 Jul 2009
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Grinding to a halt: Why Government policy risks bringing business to a standstill
... due to a lack of job opportunities, and that problems with inappropriate and inaccessible transport prevent 31% of disabled people finding work. 31677 fOR MORe On this and OtheR eMPLOyMent LaW neWs Go to ... www.workplacelaw.net/news www.workplacelaw.net Mind the gap Public sector job losses and welfare cuts will disproportionately hit women's income and set progress on closing the gender pay gap back years, the TUC has warned in a recent report on the gender impact of the Government's cuts. 31625 13 Employment update | Case law hR case law Implications of the latest HR case law for employers ...
Magazine issue | 4 Jan 2011
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Cultivating success: how to cut costs and stimulate growth
...e held that there was "not a shred of evidence that there was anything to be criticised in the actions of the defendants". Two large engineering companies were being tried under Section 3 of the Health and Safety at Work etc. Act 1974 (HSWA) and Regulation 10 of the Construction (Health, Safety and Welfare) Regulations 1996 (CHSWR) for failing to ensure the safety of a worker who died during the dismantling of a temporary working platform in the River Thames in November 2002. The deceased contravened safety procedures when he climbed out of a guardrailed area carrying heavy equipment, traversed a wet...
Magazine issue | 1 Jun 2009
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More needs to be done to prevent RSI
...th encourage and enforce measures to address this with legislation, combined with incentives and best practice guidance. We may then, after the frustration of many years of no progress, begin to see some reduction in the rates of this almost completely preventable condition. “The Government’s welfare reform proposals include important measures to support staff returning to work after health problems, such as RSI, through rehabilitation services such as physiotherapy. The CSP fully supports these initiatives but argues more needs to be done to prevent RSI from occurring in the first place and, i...
News | 23 Feb 2009
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Old git, or still work fit?
...ent. What the law says Employees are obliged to present themselves as being fit for work. Failing to do so can result in being sent home without payment. Employers have a general duty under the Health and Safety at Work Act 1974 to ensure, as far as is reasonably practicable, the health, safety and welfare of their employees. If they knowingly allow an employee under the influence of excess alcohol to continue working and this places the employee or others at risk, employers could be prosecuted. Similarly, employees are also required to take reasonable care of themselves and others who could be affec...
Magazine issue | 1 Feb 2006
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If the Working Time Regulations opt-out is removed…
...k schedules are associated with a myriad of issues including an increased risk of hypertension, cardiovascular disease, stress and fatigue. In the case of Hone v. Six Continents (2005) the Court of Appeal stated that "the plain and obvious purpose of the [Working Time] Regulations is to protect the welfare and health of employees." An employee working under these pressures can increase the risk of health and safety incidents, which could expose individuals and organisations to breaching the law. Working when fatigued can be very dangerous and potentially fatal. This is clearly shown in the particular...
News analysis | 6 Feb 2009
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How much does it cost to kill someone at work?
... 20 cases of the last ten years that attracted the most substantial fines... Health and Safety at Work Act sections and sub sections 2 General duties of employers to their employees (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. 20 Eight-year-old female child died when she was electrocuted after coming into contact with a live third or conductor rail (750v dc) at St. Michaels, Liverpool. The boundary fence was holed and a children's den had been made on the embankment of a cutting. She was pl...
Magazine issue | 1 Sep 2007
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No smoking? Employers face the costs of kicking the habit
...ork Regulations 1999 further enshrined the risk assessment approach that employers must adopt to potential hazards. If passive smoking increases the risk to non-smokers, then it is clear that employers must act to control this risk. Workers are also protected under the Workplace (Health, Safety and Welfare) Regulations 1992, which stipulate that employers must provide rest areas that are free of tobacco smoke. Specific legislation on smoking is now being introduced, however, to effectively take the decision out of employers' hands. Ireland has already introduced a ban on smoking in public places, and...
Magazine issue | 1 Apr 2005
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The Social Network – 12 years of the Workplace Law Conference
... under the Tier 2 (General) scheme saw their number of Certificates of Sponsorship reduced by up to 15%, some to as few as one or even none if they had not issued any certificates in the particular timeframe assessed by the Government. The temporary caps were challenged by the Joint Council for the Welfare of Immigrants ( JCWI), and in December 2010 the High Court ruled that the Secretary of State had acted unlawfully by imposing the limits without laying them before Parliament as the Government is required to do under the Immigration Act 1971. However, the High Court's decision has not www.workplace...
Magazine issue | 1 Mar 2011
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The Diversity Dilemma
...nse. The public sector vacancies which usually required standard application forms were found not to discriminate at this initial stage of recruitment. The Government suggests that discrimination might be reduced by the use of standard application forms. Jim Knight, Minister for Employment at Welfare Reform, said: "This research clearly shows that some employers are discriminating when it comes to choosing staff. This has no place in a modern society and cannot be allowed to continue." 24133 Latest HR news from workplacelaw.net ... NEWS IN BRIEF Agency Workers Directive put back The Government...
Magazine issue | 2 Nov 2009
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Euromillions
...ing spinal injuries. On his claim for damages against, inter alia, his employer and the Part 20 defendants, the judge held: · that,astheladderwastoo short to provide proper and safe access to the cabinet, the claimant's employer was in breach of regulation 5 of the Construction (Health, Safety and Welfare) Regulations 1996; · thattheladderwas "work equipment" and was unsuitable for the purpose under regulation 4oftheProvisionand Use of Work Equipment Regulations 1998; but · thattheWorkplace (Health, Safety and Welfare) Regulations 1992 did not apply, by virtueofregulation3(1) 10 case law CASES I...
Magazine issue | 2 Oct 2008
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Occupational health: an unnecessary expense?
...on, the duty places legal responsibility on public authorities to demonstrate that they treat men and women fairly. 7953 The Construction (Design and Management) (CDM) Regulations will revise and bring together provisions in the existing CDM Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package. The Regulations will place new responsibilities on clients when it comes to health and safety throughout the life of a construction project. Clients will no longer be able to opt-out of these responsibilities, as they were able to under the old re...
Magazine issue | 1 Apr 2007
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Mug’s game? Excessive risk aversion
...ey. The law Under the Health and Safety at Work Act 1974 it is not only employers who have a duty to ensure a safe working environment employees do too. Duties of employers at work: 2. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Duties of employees at work: 7. It shall be the duty of every employee while at work to take reasonable care for the health and safety of themselves and of other persons who may be affected by his acts or omissions at work. 10 workplacelaw H & S overkill ·They don...
Magazine issue | 1 Jul 2006
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Stress management special
...rends of absenteeism should be significant indicators that something is going or is about to go wrong. Stress at work W here no action is taken by an employer on stress, they may be deemed to have fallen short of the duty to take all reasonably practicable measures to ensure the health, safety and welfare of employees and others sharing the workplace and to create safe and healthy working systems (Health and Safety at Work Act 1974). There is also a requirement to undertake risk assessments for stress and put in place appropriate preventive and protective measures to keep the employees safe from har...
Magazine issue | 1 Nov 2004
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Killing time
...rker, according to Mick Antoniw, corporate manslaughter expert with Thompsons Solicitors, there are some common sense actions that should be taken: "I think it is very important that the employers do have a degree of contact with the family, but purely in the context of the immediate wellbeing and welfare of the family things like continuation of payment of wages for a period of time, and assurances that they will cooperate with all the organisations that are concerned. "Sometimes, there are other considerations to be dealt with for example, the family want to go and visit the place where the ...
Magazine issue | 27 Feb 2008
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£20 if you can prove you’re competent
...ering this activity (taking place in a baptism pool), the risk assessment should identify significant hazards and risks, who could be harmed and how they could be harmed, what control measures exist and do they need to be improved to ensure so far as is reasonably practicable the health, safety and welfare of those taking part and that of visitors/onlookers? A number of key questions could be asked to assist in collating the relevant information. For example: The pool: · How will the minister and the person being baptised access the pool? · Is the pool cleaned adequately after each use? · How is i...
Magazine issue | 1 Nov 2006
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Face facts: how much do you really know about disability legislation?
...dback on the guidance notes closes on 22 October. 4799 4790 Desks dirtier than toilets? A recent survey revealed that only one in ten workers cleans their desk twice a year, and workstations are so dirty that workers would be better eating in the lavatories. Under the Workplace Health, Safety and Welfare Regulations 1992, employers are required to provide suitable facilities for workers to eat where food is regularly eaten in the workplace. The third and final consultation on the UK's implementation of the Waste Electrical Electronic Equipment Directive, which will require businesses to recycle th...
Magazine issue | 1 Oct 2004
