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    5. 5 Objectives To demonstrate the impact good Health Safety & Employment Management has on both our business & yours. To expand your understanding of the legislation that governs the recruitment industry To help you improve your recruitment supply chain management through better understanding of the standards expected of our industry. To describe how Rullion can work in partnership with you.

    6. 6 Comment from the Chairman: “As Rullion Group Chairman, I take ultimate responsibility for promoting & actively practicing Rullion’s philosophy relating to Health, Safety & Welfare, & to ensuring that Workers are placed with Clients ethically & effectively”. Themis Saoulli

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    8. 8 Health and Safety Alison Eastham Group Safety Health and Environmental Manager Thank Martin Intro myself Background: Rullion 8yrs approx Initially Business Services – inc H&S Moved to dedicated role 3.5 yrs ago NEBOSH Cert in Occ Health Studying NEBOSH National Diploma Tech ISOH and Member of ILM Previously: Management trained: Worked in: Manufacture and distribution of kitchen cleaning materials Food Ingredients – butchery and bakery trade Banking and Financial Services Aim of this section – Try and provide clarity re. H&S Management of temp workers and where responsibilities should lie. This is an area where there is a lot of confusion and little understanding of how employment businesses (agencies) work and how temp workers operate and therefore how and who is responsible for health and safety arrangements. As this is a very big subject and time today is limited, this will be an very brief overview however if anyone would like more detailed information please let me know. Lets have a look at why H&S management is important to us all…. NEXT SLIDE - STATS Thank Martin Intro myself Background: Rullion 8yrs approx Initially Business Services – inc H&S Moved to dedicated role 3.5 yrs ago NEBOSH Cert in Occ Health Studying NEBOSH National Diploma Tech ISOH and Member of ILM Previously: Management trained: Worked in: Manufacture and distribution of kitchen cleaning materials Food Ingredients – butchery and bakery trade Banking and Financial Services Aim of this section – Try and provide clarity re. H&S Management of temp workers and where responsibilities should lie. This is an area where there is a lot of confusion and little understanding of how employment businesses (agencies) work and how temp workers operate and therefore how and who is responsible for health and safety arrangements. As this is a very big subject and time today is limited, this will be an very brief overview however if anyone would like more detailed information please let me know. Lets have a look at why H&S management is important to us all…. NEXT SLIDE - STATS

    9. 9 Why do we need to manage H&S effectively?? National Statistics office figure for the Average UK salary in 2004/5 was £22900 260 working days PA Average daily salary cost £88.07 (Nat Stats office) Click to show HSE Stats 1.5 days per worker loss due to ill health or injury is costing you (based on 2004/5 figures) £132 per person you have working for you. This figure relates to salaries only Doesn’t include costs of employment, I.e. temporary replacement workers, training, loss of business, insurance/civil claims, fines etc. Click to show breakdown of 35 mill days Illustrates that: H&S should be high on all our agendas to reduce these costs and personal loss. Particularly relevant to temporary workforce where familiarity with working environment, culture, activities and policies is limited and therefore risks are higher. NEXT SLIDE - LEGISLATIONWhy do we need to manage H&S effectively?? National Statistics office figure for the Average UK salary in 2004/5 was £22900 260 working days PA Average daily salary cost £88.07 (Nat Stats office) Click to show HSE Stats 1.5 days per worker loss due to ill health or injury is costing you (based on 2004/5 figures) £132 per person you have working for you. This figure relates to salaries only Doesn’t include costs of employment, I.e. temporary replacement workers, training, loss of business, insurance/civil claims, fines etc. Click to show breakdown of 35 mill days Illustrates that: H&S should be high on all our agendas to reduce these costs and personal loss. Particularly relevant to temporary workforce where familiarity with working environment, culture, activities and policies is limited and therefore risks are higher. NEXT SLIDE - LEGISLATION

    10. 10 Legislation H&S At Work Act Sections 2 and 3 Management of H&S At Work Regs Reg. 11 – Co-operation and Co-ordination Reg. 12 – Persons Working in host employers or self employed persons’ undertakings Reg. 15 – Temp Workers Employment Agencies Act 1974 Employment Agencies and Employment Businesses Conduct Regulations Agency Workers Guidance (HSE/DTI) There is endless legislation that we are bound by – however this is lecture material and would prove very uninteresting in this environment – therefore I am just going to cover the legislation specifically outlining requirements relating to placements of temp workers Act - Sect 2 Employers responsibilities to employees Sect 3 Responsibilities of Employers and self employed to others This impacts on management of temp workers Management Regs expand on requirements for temp workers in Regs 11, 12 and 15 Reg 11 - relates to shared work environments – which includes temp workers placed on assignment with clients. Reg 12 – Provides guidance to hosts in relation to requirement for employees from other employers – contractors/temp workers etc. Reg 15 - specifically outlines employment businesses responsibilities Not surprisingly these Regs compliment each other Emp Agencies Act and Conduct Regs – The legislation that governs the employment industry and dictates the standards and requirements. The H&S legislation is clearly reflected in these documents and expanded upon to provide clarity. In your packs I have included a document published by the Business Link – Agency workers Guidelines. This was produced by HSE and DTI to explain in clear terms the responsibilities of the various parities involved in temp workers placements. It was produced following in depth study of the legislation and following an extensive consultation period. You may find this document very useful In order to understand the interpretation of this legislation we first need to clarify some terminology…….. NEXT SLIDE - DEFINITIONSThere is endless legislation that we are bound by – however this is lecture material and would prove very uninteresting in this environment – therefore I am just going to cover the legislation specifically outlining requirements relating to placements of temp workers Act - Sect 2 Employers responsibilities to employees Sect 3 Responsibilities of Employers and self employed to others This impacts on management of temp workers Management Regs expand on requirements for temp workers in Regs 11, 12 and 15 Reg 11 - relates to shared work environments – which includes temp workers placed on assignment with clients. Reg 12 – Provides guidance to hosts in relation to requirement for employees from other employers – contractors/temp workers etc. Reg 15 - specifically outlines employment businesses responsibilities Not surprisingly these Regs compliment each other Emp Agencies Act and Conduct Regs – The legislation that governs the employment industry and dictates the standards and requirements. The H&S legislation is clearly reflected in these documents and expanded upon to provide clarity. In your packs I have included a document published by the Business Link – Agency workers Guidelines. This was produced by HSE and DTI to explain in clear terms the responsibilities of the various parities involved in temp workers placements. It was produced following in depth study of the legislation and following an extensive consultation period. You may find this document very useful In order to understand the interpretation of this legislation we first need to clarify some terminology…….. NEXT SLIDE - DEFINITIONS

    11. 11 Definitions: Work Seeker – Employment Agencies Conduct Regs A “work seeker” is a person to whom an agency or employment business provides, or holds themselves out as being capable of providing, work-finding services.  (Temporary worker/contractors) Employment Business An organisation which supplies persons to act for, and under the control of, other persons (the hirer) in any capacity. (Temporary or contract recruitment) Employment Agency An organisation introducing jobseekers to potential permanent employers. (Permanent recruitment) Definitions taken from the Emp Agencies Conduct Regs. Work Seeker – (temp worker/contractor/agency worker) is the person looking for work Employment Business – What you generally refer to as ‘agency’ is an organisation placing people in temporary placements with clients – You. The phrase Employment Agency actually refers to organisations selecting candidates for perm employment with a 3rd party client. This illustrates that the term ‘agency’ is widely misunderstood and the common term agency worker is not actually correct. NEXT SLIDE – SUMMARY – RULLION AGENCY AND REC BUS.Definitions taken from the Emp Agencies Conduct Regs. Work Seeker – (temp worker/contractor/agency worker) is the person looking for work Employment Business – What you generally refer to as ‘agency’ is an organisation placing people in temporary placements with clients – You. The phrase Employment Agency actually refers to organisations selecting candidates for perm employment with a 3rd party client. This illustrates that the term ‘agency’ is widely misunderstood and the common term agency worker is not actually correct. NEXT SLIDE – SUMMARY – RULLION AGENCY AND REC BUS.

    12. 12 We specialise in Temp and Perm Markets As Perm requires initial investigation but then passes to direct employment on Emp contract between client and candidate – ongoing H&S Management is clearly defined between employer and employee Focus on Temp market – where there are Contracts for Services and ongoing relationship with client/candidate and employment business Mentioned Employment contracts and Contracts for Services – Need to understand what these mean so let’s have a closer look at these NEXT SLIDE – CONTRACT DEFINITIONSWe specialise in Temp and Perm Markets As Perm requires initial investigation but then passes to direct employment on Emp contract between client and candidate – ongoing H&S Management is clearly defined between employer and employee Focus on Temp market – where there are Contracts for Services and ongoing relationship with client/candidate and employment business Mentioned Employment contracts and Contracts for Services – Need to understand what these mean so let’s have a closer look at these NEXT SLIDE – CONTRACT DEFINITIONS

    13. 13 1st 2 here are straightforward They are both types of employment contract – where person is directly employed by organisation issuing contract. Contract details time and place of work/job title/salary and bonuses or commissions/holidays/sick entitlement and any other benefits and the terms relating to the employment. Contract for Services – This is the type of contract that many temp workers operate under where the employment business makes their statutory deductions and pays the timesheet. Under this contract workers are: Effectively self employed other than statutory deductions as required under the Taxes act. There is no mutuality of obligation – which means they don’t have to accept work offered/the emp business doesn’t have to offer them work/there are no set hours or places of work/ the emp business doesn’t supervise direct or control their work/there are GENERALLY no notice requirements etc. A few employment businesses operate on contracts of service but the general rule is contracts for service. You should clarify this with employment businesses you work for as it does affect H&S management Terms of Business – Used where temp workers have their own Ltd Co. The same type of contract that your Co’s would have with us. Some workers use employment businesses as a work stream source for their own businesses and therefore our contracts are that of business to business where the only inclusions are those of the terms of trading between the 2 businesses. The employment business has no contract with the individual. Rullion pays an invoice from the workers Ltd Co for service provided just like any other supplier – stat deductions and salaries are then managed by the temps own Co. Some workers want to be self employed but do not want to worry about the administration and legal requirements of running their own company and would prefer to pay a third party organisation to manage this for them, This is achieve through a management company service, sometimes referred to composites. Contracts are important for H&S matters because they clarify the status of the parties and the relationships which help in the interpretation of the legislation and also incorporate H&S responsibilities -1st 2 here are straightforward They are both types of employment contract – where person is directly employed by organisation issuing contract. Contract details time and place of work/job title/salary and bonuses or commissions/holidays/sick entitlement and any other benefits and the terms relating to the employment. Contract for Services – This is the type of contract that many temp workers operate under where the employment business makes their statutory deductions and pays the timesheet. Under this contract workers are: Effectively self employed other than statutory deductions as required under the Taxes act. There is no mutuality of obligation – which means they don’t have to accept work offered/the emp business doesn’t have to offer them work/there are no set hours or places of work/ the emp business doesn’t supervise direct or control their work/there are GENERALLY no notice requirements etc. A few employment businesses operate on contracts of service but the general rule is contracts for service. You should clarify this with employment businesses you work for as it does affect H&S management Terms of Business – Used where temp workers have their own Ltd Co. The same type of contract that your Co’s would have with us. Some workers use employment businesses as a work stream source for their own businesses and therefore our contracts are that of business to business where the only inclusions are those of the terms of trading between the 2 businesses. The employment business has no contract with the individual. Rullion pays an invoice from the workers Ltd Co for service provided just like any other supplier – stat deductions and salaries are then managed by the temps own Co. Some workers want to be self employed but do not want to worry about the administration and legal requirements of running their own company and would prefer to pay a third party organisation to manage this for them, This is achieve through a management company service, sometimes referred to composites. Contracts are important for H&S matters because they clarify the status of the parties and the relationships which help in the interpretation of the legislation and also incorporate H&S responsibilities -

    14. 14 Temporary workers placed through Rullion operate under: A Contract for Services Or Terms of Business and therefore have Self-employed status (PAYE) Or, are employed by the Ltd Co that pays them. In summary therefore….. NEXT SLIDE – RELATIONSHIP TRIANGLEIn summary therefore….. NEXT SLIDE – RELATIONSHIP TRIANGLE

    15. 15 This triangle illustrates the relationship between the parties when using temporary labour. It is critical that all parties communicate effectively with the other to ensure safe working practice. This is something that all could do better. This triangle is critical to the requirements of H&S but also HR management of workers. NEXT SLIDE – H&S RESPONSIBILITY This triangle illustrates the relationship between the parties when using temporary labour. It is critical that all parties communicate effectively with the other to ensure safe working practice. This is something that all could do better. This triangle is critical to the requirements of H&S but also HR management of workers. NEXT SLIDE – H&S RESPONSIBILITY

    16. 16 Considering the H&S triangle and the H&S legislative requirements particularly Reg 11 of the Mof H&SAW regs – the Recruitment and Employment Conferderation concluded that H&S responsibility is SHARED between the employment business and the client. This has been validated by the HSE and Dept Trade and Industry in the Agency Workers Guidelines included in your packs. Lets look then at how we can clarify the responsibilities and make them clearer NEXT SLIDE - RESPONSIBILITIES Considering the H&S triangle and the H&S legislative requirements particularly Reg 11 of the Mof H&SAW regs – the Recruitment and Employment Conferderation concluded that H&S responsibility is SHARED between the employment business and the client. This has been validated by the HSE and Dept Trade and Industry in the Agency Workers Guidelines included in your packs. Lets look then at how we can clarify the responsibilities and make them clearer NEXT SLIDE - RESPONSIBILITIES

    17. 17 Responsibilities are clarified in the legislation & guidance produced – see pack Will depend on worker status/contractual agreements and circumstance In brief responsibilities should be shared as illustrated here: Us – pre-assignment and ongoing communication/support You – On assignment where you are responsible for the premises or activities. For more precise details see me later or contact me. Lets take a closer look then a some of the info we need to collect to fulfil our remit NEXT SLIDE - INFO FROM TEMP WORKERSResponsibilities are clarified in the legislation & guidance produced – see pack Will depend on worker status/contractual agreements and circumstance In brief responsibilities should be shared as illustrated here: Us – pre-assignment and ongoing communication/support You – On assignment where you are responsible for the premises or activities. For more precise details see me later or contact me. Lets take a closer look then a some of the info we need to collect to fulfil our remit NEXT SLIDE - INFO FROM TEMP WORKERS

    18. 18 H&S Information required from Temporary Workers Health/disability information Career history Qualifications/certifications Skills cards/H&S passport schemes (Where applicable) Working Time Regulations (PAYE) Age – Young Workers References Ensure workers are fit and suitable This information is specifically required under current legislation and in addition to all other information required under the Agencies Act and Conduct Regs. Health info – to ensure workers a fit to undertake work they are requesting and so we can communicate relevant information to clients to ensure suitable precautions. WTR – Important to establish whether workers wish to opt out and to record this where appropriate. Where there is no opt out, monitoring is required. Also important where workers are applying for night work so health, working time and breaks are controlled. Refs – more difficult to obtain there days, but do help with verifying attitude, experience, perception and other behavioural traits than do impact of workplace safety. Age – With pending Age disc legislation this is an important one. The main aim here is to establish if someone is a young worker, so that appropriate controls can be made in accordance with WTR requirements in advance of placement. NEXT SLIDE – INFO FROM CLIENTS This information is specifically required under current legislation and in addition to all other information required under the Agencies Act and Conduct Regs. Health info – to ensure workers a fit to undertake work they are requesting and so we can communicate relevant information to clients to ensure suitable precautions. WTR – Important to establish whether workers wish to opt out and to record this where appropriate. Where there is no opt out, monitoring is required. Also important where workers are applying for night work so health, working time and breaks are controlled. Refs – more difficult to obtain there days, but do help with verifying attitude, experience, perception and other behavioural traits than do impact of workplace safety. Age – With pending Age disc legislation this is an important one. The main aim here is to establish if someone is a young worker, so that appropriate controls can be made in accordance with WTR requirements in advance of placement. NEXT SLIDE – INFO FROM CLIENTS

    19. 19 H&S Information required from Client Site Address Name of Manager Job title Job description – role requirements Start time Any specific qualifications/skills or qualities Any H&S risks, and controls to manage them Personal Protective Equipment required Some of this information is fairly straightforward. Particularly important are: Job description Any particular quals/skills or other experience required by you to validate suitability for the role. This helps in the candidate selection process and avoids safety issues by ensuring the the appropriate candidates have the correct training, attitiude and perception for the work required thereby reducing incidents and accidents. Details of any H&S risks and how these are managed on site so that this information can be communicated to the workers PRIOR to placement PPE – What is required and who is providing this. Normally workers would provide PPE however some clients, particularly in high risk areas prefer to do this themselves. On occasion Rullion can also assist. The most important thing is clarity to avoid all parties believing the other has taken relevant precautions and then finding that no one actually did. NEXT SLIDE - TWO WAY COMMUNICATIONSome of this information is fairly straightforward. Particularly important are: Job description Any particular quals/skills or other experience required by you to validate suitability for the role. This helps in the candidate selection process and avoids safety issues by ensuring the the appropriate candidates have the correct training, attitiude and perception for the work required thereby reducing incidents and accidents. Details of any H&S risks and how these are managed on site so that this information can be communicated to the workers PRIOR to placement PPE – What is required and who is providing this. Normally workers would provide PPE however some clients, particularly in high risk areas prefer to do this themselves. On occasion Rullion can also assist. The most important thing is clarity to avoid all parties believing the other has taken relevant precautions and then finding that no one actually did. NEXT SLIDE - TWO WAY COMMUNICATION

    20. 20 To collate the information we have just looked at – 2 way comms in critical This is one of the biggest underlying causes relating to accidents in the workplace and also in relation to successful placements of temp workers. Having the time to talk to the employment business – too busy? Result: Inaccurate information re job description/skills quals experinece and safety info – leads to problems Employment businesses – Not following up to ensure attendance/client and worker satisfaction/trouble shooting. We must ALL work hard to improve this to reduce accidents and ill healtha t work we can do this through: Site Visits/Single Points of contact/training//Working in partnership So….how do we achieve our responsibilities – what arrangements have we put in place? NEXT SLIDE – WHAT ARRANGEMENTS RULLION HAS MADE To collate the information we have just looked at – 2 way comms in critical This is one of the biggest underlying causes relating to accidents in the workplace and also in relation to successful placements of temp workers. Having the time to talk to the employment business – too busy? Result: Inaccurate information re job description/skills quals experinece and safety info – leads to problems Employment businesses – Not following up to ensure attendance/client and worker satisfaction/trouble shooting. We must ALL work hard to improve this to reduce accidents and ill healtha t work we can do this through: Site Visits/Single Points of contact/training//Working in partnership So….how do we achieve our responsibilities – what arrangements have we put in place? NEXT SLIDE – WHAT ARRANGEMENTS RULLION HAS MADE

    21. 21 Talk through the list. In particular…. Internet – assorted information and a copy of today’s presentation will be published there Newsletters – Now publishing a regular Rullion newsletter – sample enclosed in your packs. We can write newsletter specifically for you and workers on your sites if required. NEXT SLIDE – CONTINUATION OF THIS LISTTalk through the list. In particular…. Internet – assorted information and a copy of today’s presentation will be published there Newsletters – Now publishing a regular Rullion newsletter – sample enclosed in your packs. We can write newsletter specifically for you and workers on your sites if required. NEXT SLIDE – CONTINUATION OF THIS LIST

    22. 22 Continued…. Accident investigation reports/RIDDOR reports Client visits Client days SHE Manager Dedicated Service – partnership with Clients Bond Site Visits – Client site survey – site inspection – to ensure workers are in a safe environment and to help you with your inspection/audit processes – copies will be sent to you. Bond – Our search and select software – customised to ensure H&S information is recorded and communicated. Particularly important that we work together and understand your business so that we can progress things effectively NEXT SLIDE - EXAMPLE OF BOND Site Visits – Client site survey – site inspection – to ensure workers are in a safe environment and to help you with your inspection/audit processes – copies will be sent to you. Bond – Our search and select software – customised to ensure H&S information is recorded and communicated. Particularly important that we work together and understand your business so that we can progress things effectively NEXT SLIDE - EXAMPLE OF BOND

    23. 23 Taken from our search and select software Sample page to illustrate how some of the H&S information is recorded. This is job specific. Skills/Quals/Experience/Work History/health information/WTR and emergency contact info recorded on the candidate page in a similar format Has our strategy worked?? Lets look…. NEXT PAGE – UU CASE STUDYTaken from our search and select software Sample page to illustrate how some of the H&S information is recorded. This is job specific. Skills/Quals/Experience/Work History/health information/WTR and emergency contact info recorded on the candidate page in a similar format Has our strategy worked?? Lets look…. NEXT PAGE – UU CASE STUDY

    24. 24 Case Study - United Utilities Drivers Liaison meetings Newsletter Training Joint working party – UU and Rullion Rullion actively monitoring licence compliance. Rullion undertaking annual training recap Joint training planned United Utilities Operational Services in North Wales, utilise tanker drivers in their waste water treatment operations. This can be dangerous work as it involves raw sewage. This had always been a problem area with issues for both drivers and UU. The view from UU Ops Services about the work are as doing is as follows: We started working together in partnership with a liaison meeting between H&S Rullion, UU and the drivers, we considered all the issues and worked as a joint working party to find solutions to the issues raised. These were all communicated back to the drivers in a newsletter written by Rullion H&S and approved by all parties. We also looked at training – UU Management sat with us and discussed the training requirements – including drivers WTR/tanker safety requirements and drivers checks/safety documentation/tachographs etc. And Rullion H&S have been working with UU and the UU H&S team to put together a training course for the drivers. Ongoing liaison is taking place, with meetings scheduled from time to time, to discuss UU operational changes, any new issues that arise. In addition we are working with the UU team to jointly evaluate any accidents and we have also agreed to assist with safety spot checks and inspections, as required. We have also identified issues that would benefit from monitoring to ensure compliance and suitability. Therefore Rullion has agreed to manage this and keep UU appraised so that further action can be taken if required. This has benefitted not only the UU/Rullion relationship, but also the safety arrangements for drivers and others working at UU sites. It has facilitated brainstorming sessions, to come up with effective solutions, and has also improved the working arrangements and approach for the drivers themselves who are now better informed, better equipped to undertake their roles and happier in their assignments. United Utilities Operational Services in North Wales, utilise tanker drivers in their waste water treatment operations. This can be dangerous work as it involves raw sewage. This had always been a problem area with issues for both drivers and UU. The view from UU Ops Services about the work are as doing is as follows: We started working together in partnership with a liaison meeting between H&S Rullion, UU and the drivers, we considered all the issues and worked as a joint working party to find solutions to the issues raised. These were all communicated back to the drivers in a newsletter written by Rullion H&S and approved by all parties. We also looked at training – UU Management sat with us and discussed the training requirements – including drivers WTR/tanker safety requirements and drivers checks/safety documentation/tachographs etc. And Rullion H&S have been working with UU and the UU H&S team to put together a training course for the drivers. Ongoing liaison is taking place, with meetings scheduled from time to time, to discuss UU operational changes, any new issues that arise. In addition we are working with the UU team to jointly evaluate any accidents and we have also agreed to assist with safety spot checks and inspections, as required. We have also identified issues that would benefit from monitoring to ensure compliance and suitability. Therefore Rullion has agreed to manage this and keep UU appraised so that further action can be taken if required. This has benefitted not only the UU/Rullion relationship, but also the safety arrangements for drivers and others working at UU sites. It has facilitated brainstorming sessions, to come up with effective solutions, and has also improved the working arrangements and approach for the drivers themselves who are now better informed, better equipped to undertake their roles and happier in their assignments.

    25. 25 Case Study – United Utilities Client comment: Regular meetings have improved working together. There is: Better understanding of needs from both UUOS and Rullion Higher profile of H&S issues relating to tanker drivers responsibilities Improved knowledge of the transport industry i.e. tachographs and VOSA We would now like to see Rullion strengthen their service to us to provide a higher number of stand-by drivers. This is what UUOS have had to say about the H&S work we have done with them. As you can see there have been tangible benefits. It is good that UUOS are able to be very open with us and also tell us what they want and what would help improve our service to them. NEXT SLIDE – Q&AThis is what UUOS have had to say about the H&S work we have done with them. As you can see there have been tangible benefits. It is good that UUOS are able to be very open with us and also tell us what they want and what would help improve our service to them. NEXT SLIDE – Q&A

    26. 26 Q&A Limit to 15 mins – any question we don’t get to I will answer later over lunch NEXT SLIDE – COFFEE BREAK Limit to 15 mins – any question we don’t get to I will answer later over lunch NEXT SLIDE – COFFEE BREAK

    27. 27 Take a break – 15 mins HR presentation relating to Management of Temp workersTake a break – 15 mins HR presentation relating to Management of Temp workers

    28. 28 Howard Marshall Group HR Manager

    29. 29 Managing Temporary Workers The contract for service The Employment Tribunal Service view on temporary workers Recent cases involving Temporary Workers How can Rullion help

    30. 30 Employment tribunal service statistics 2005 / 2006 Increase in claims from 86,000 to 115,000 Types of claims Increase in multiple claims Primarily claims about equal pay Largest number of claims were for unfair dismissal Highest growth in claims were working time related Compensation levels remained static for all cases Highest award = £985,000 Average award (all claims) = £5,000 2005 / 06 to yr end 31st March Increase – up by 30% on 04 / 05 but the number of single claims fell but the multiple claims against one employer more than doubled The primary increase were claims about equal pay – Unfair dismissal claims covered - 18% of all claims were working time related – airline industry workers were the major applicants £985 k max for race discrim - the average was £30 k £277 k max for sex discrim - the average was £11 k £478 k max for unfair dismissal – the average was £9 k 60% of all cases were withdrawn or settled before a tribunal hearing, 10% were otherwise disposed of, 18% were successful at tribunal, 8% were unsuccessful at tribunal 21% of claims lodged were for unfair dismissal, 16% were for unauthorised deduction from wages, 13% were for breach of contract, a significant 18% related to the Working Time Regulations, 11% related to sex, race or disability discrimination, 8% were for equal pay, 6% were for redundancy pay and the remainder related to other matters. 1,728 potential appeals to the Employment Appeal Tribunal (EAT) were received One positive thing that can seen is that 7,361 claims that were originally submitted to the employment tribunal were rejected and then were either never resubmitted or were resubmitted but still not accepted.  it is not clear how many of these rejected claims related to non-compliance by the employee with the statutory GP and how many related to rejections on other grounds, such as failing to complete the necessary details on the claim form, etc. but this is a positive increase on previous numbers of rejected claims 2005 / 06 to yr end 31st March Increase – up by 30% on 04 / 05 but the number of single claims fell but the multiple claims against one employer more than doubled The primary increase were claims about equal pay – Unfair dismissal claims covered - 18% of all claims were working time related – airline industry workers were the major applicants £985 k max for race discrim - the average was £30 k £277 k max for sex discrim - the average was £11 k £478 k max for unfair dismissal – the average was £9 k 60% of all cases were withdrawn or settled before a tribunal hearing, 10% were otherwise disposed of, 18% were successful at tribunal, 8% were unsuccessful at tribunal 21% of claims lodged were for unfair dismissal, 16% were for unauthorised deduction from wages, 13% were for breach of contract, a significant 18% related to the Working Time Regulations, 11% related to sex, race or disability discrimination, 8% were for equal pay, 6% were for redundancy pay and the remainder related to other matters. 1,728 potential appeals to the Employment Appeal Tribunal (EAT) were received One positive thing that can seen is that 7,361 claims that were originally submitted to the employment tribunal were rejected and then were either never resubmitted or were resubmitted but still not accepted.  it is not clear how many of these rejected claims related to non-compliance by the employee with the statutory GP and how many related to rejections on other grounds, such as failing to complete the necessary details on the claim form, etc. but this is a positive increase on previous numbers of rejected claims

    31. 31 The tribunals view on contract / temporary workers There have been numerous cases surrounding the employment status of temporary workers The tribunals are looking to determine an employee relationship within the “triangular arrangement” A number of recent cases have been used to test the possibility of an employee relationship

    32. 32 Recent cases Brook Street v Dacas (2004) Key points Client – Wandsworth Borough Council Greater than 12 months “service” with Brook Street Continuous with one client Assignment termination due to a dispute between Dacas and the Council Decision Worker could be employee of end user due to implied contract of employment Dacas After 4 years of working as a cleaner through Brook Street for Wandsworth Borough Council Mrs Dacas’ assignment was abruptly ended due to a dispute between her and the council. Even though her written contract was with Brook Street, the Court reached the conclusion that an end user could be the employer of an agency worker, due to an implied contract of employment between the agency worker and the end user. Bunce Bunce -v- Postworth Limited t/a Skyblue (CA) An agency worker failed in his arguments that a series of short term contracts gave rise to mutuality of obligation between the agency and himself, or that day to day control over him by the agency had been “delegated” to the client, and was therefore found not to be an “employee” of the agency. Mr Bunce and the agency, Skyblue, had entered into an overriding “umbrella” contract under which the agency agreed to engage the services of Mr Bunce on certain terms and conditions and to obtain suitable assignments for him with clients. The agreement stated it was not a contract of employment. The parties also entered into a series of short-term contracts governing each assignment. The question for the Court was whether Mr Bunce was an employee of the agency. Mutuality of obligation and the requirement of control are essential elements for the existence of a contract of employment. Mr Bunce argued that although there was no mutuality of obligation under the umbrella contract, such mutuality did exist in the series of short-term contracts for the successive assignments. The Court of Appeal (“CA”) disagreed, finding that because the umbrella contract was fully comprehensive in setting out all the terms, there was no room to imply a second additional contract for each assignment. The Claimant, relying on a clause under the contract requiring him to accept the directions, supervision and instruction of the client (a standard clause in contracts with employment agencies), also argued that the agency had the required element of day to day control over him, which was “delegated” to the client. The CA also dismissed this argument, saying that what matters is who in reality has the power to control what the worker does and how he does it, which in this case was the client. Bushaway The EAT upheld the decision of the Employment Tribunal that Ms Bushaway was the employee of RNLI, the end-user client, from the beginning of her temporary placement.  The agency introduced Mrs Bushaway to work direct but on a temp basis, with the possibility that the placement may lead to a permanent post with the end user client. 6 months after starting the assignment Mrs. Bushaway successfully applied and was appointed to a permanent position, when she became employed. Some 7 months later Mrs Bushaway later resigned and claimed unfair dismissal against the end user client, since she needed to show that she had been employed for at least 12 months she claimed that she was employed by RNLI during her temp period. The focus was therefore on whether she had been employed during the temp period. The EAT held that it must look behind the contractual documentation at all the circumstances of the relationship to determine whether it is one of employment or not. In doing so it found that Mrs. Bushaway had been employed for the entire period. This case clearly causes concern wherever there is a temp to perm situation. Muscat 09 March '06 2 years ago the Court of Appeal (in Dacas -v- Brook Street Bureau) stated that an agency worker could be the employee of the end user to which he/she is supplied. This despite the worker being signed on a contract for services and the written contracts stating that employment was excluded. But questions were left open as to whether the ruling was correct and/or effective. Those questions have now been answered. In the case of Cable and Wireless v Muscat, the Court of Appeal has robustly supported the statements and guidance made in Dacas in 2004, finding that Mr Muscat was an employee of Cable and Wireless under an implied unwritten employment contract. Mr Muscat was a £65,000 p.a. executive operating through a limited company and supplied by the agency Abraxas to Cable and Wireless, the contract he was hired on being a contract for services. Dacas had already been supported and followed by decisions in the Employment Appeal Tribunal. The unambiguous and powerful judgment in Muscat makes the position very clear. Some clients may now question the entire concept of agency supply, which has historically protected them against employment claims. As with Dacas, this decision attacks the very principles that allow for this flexibility, central to which is the ability to hire and fire at will. However most also will not wish to lose the benefits that come from using agency workers – the flexibility, the sourcing skills, and the payroll function.  It follows that to reduce risk of a claim both agencies and clients alike should work together to ensure that agency workers are not treated as employees. Similarly clients should review their hiring arrangements for direct worker to achieve a good long term result. There are further ramifications, for example in relation to tax. Since Cable and Wireless is held to be the employer for the duration of Mr Muscat’s engagement, it should have accounted for PAYE and national insurance payments, including the employer’s national insurance. Will the Revenue seek this now? So what can be done? There are potentially some contractual solutions, but it is the reality of the working relationship that will be the guiding factor. If a worker is treated as an employee it can be expected that he/she will want the benefits. This is likely to crystallise at the end of the relationship. So every aspect of the relationship should be reviewed to avoid not only the rights accruing, but the p erception that an employment relationship exist Implied employment contracts An unwritten agreement between the worker and the end user, the terms of which can be assumed from the arrangements and the manner in which the end user and the worker treat each other. If the manner is the same as an employer would treat an employee the Courts consider that the treatment is evidence that the parties intended there to be employment. A contract is therefore implied directly between the worker and the end user, with the payment arrangements continuing via the agency in the normal way. “Employment” is defined in the Employment Rights Act 1996 as including employment under an express or an implied contract. Dacas After 4 years of working as a cleaner through Brook Street for Wandsworth Borough Council Mrs Dacas’ assignment was abruptly ended due to a dispute between her and the council. Even though her written contract was with Brook Street, the Court reached the conclusion that an end user could be the employer of an agency worker, due to an implied contract of employment between the agency worker and the end user. Bunce Bunce -v- Postworth Limited t/a Skyblue (CA) An agency worker failed in his arguments that a series of short term contracts gave rise to mutuality of obligation between the agency and himself, or that day to day control over him by the agency had been “delegated” to the client, and was therefore found not to be an “employee” of the agency. Mr Bunce and the agency, Skyblue, had entered into an overriding “umbrella” contract under which the agency agreed to engage the services of Mr Bunce on certain terms and conditions and to obtain suitable assignments for him with clients. The agreement stated it was not a contract of employment. The parties also entered into a series of short-term contracts governing each assignment. The question for the Court was whether Mr Bunce was an employee of the agency. Mutuality of obligation and the requirement of control are essential elements for the existence of a contract of employment. Mr Bunce argued that although there was no mutuality of obligation under the umbrella contract, such mutuality did exist in the series of short-term contracts for the successive assignments. The Court of Appeal (“CA”) disagreed, finding that because the umbrella contract was fully comprehensive in setting out all the terms, there was no room to imply a second additional contract for each assignment. The Claimant, relying on a clause under the contract requiring him to accept the directions, supervision and instruction of the client (a standard clause in contracts with employment agencies), also argued that the agency had the required element of day to day control over him, which was “delegated” to the client. The CA also dismissed this argument, saying that what matters is who in reality has the power to control what the worker does and how he does it, which in this case was the client. Bushaway The EAT upheld the decision of the Employment Tribunal that Ms Bushaway was the employee of RNLI, the end-user client, from the beginning of her temporary placement.  The agency introduced Mrs Bushaway to work direct but on a temp basis, with the possibility that the placement may lead to a permanent post with the end user client. 6 months after starting the assignment Mrs. Bushaway successfully applied and was appointed to a permanent position, when she became employed. Some 7 months later Mrs Bushaway later resigned and claimed unfair dismissal against the end user client, since she needed to show that she had been employed for at least 12 months she claimed that she was employed by RNLI during her temp period. The focus was therefore on whether she had been employed during the temp period. The EAT held that it must look behind the contractual documentation at all the circumstances of the relationship to determine whether it is one of employment or not. In doing so it found that Mrs. Bushaway had been employed for the entire period. This case clearly causes concern wherever there is a temp to perm situation. Muscat 09 March '06 2 years ago the Court of Appeal (in Dacas -v- Brook Street Bureau) stated that an agency worker could be the employee of the end user to which he/she is supplied. This despite the worker being signed on a contract for services and the written contracts stating that employment was excluded. But questions were left open as to whether the ruling was correct and/or effective. Those questions have now been answered. In the case of Cable and Wireless v Muscat, the Court of Appeal has robustly supported the statements and guidance made in Dacas in 2004, finding that Mr Muscat was an employee of Cable and Wireless under an implied unwritten employment contract. Mr Muscat was a £65,000 p.a. executive operating through a limited company and supplied by the agency Abraxas to Cable and Wireless, the contract he was hired on being a contract for services. Dacas had already been supported and followed by decisions in the Employment Appeal Tribunal. The unambiguous and powerful judgment in Muscat makes the position very clear. Some clients may now question the entire concept of agency supply, which has historically protected them against employment claims. As with Dacas, this decision attacks the very principles that allow for this flexibility, central to which is the ability to hire and fire at will. However most also will not wish to lose the benefits that come from using agency workers – the flexibility, the sourcing skills, and the payroll function.  It follows that to reduce risk of a claim both agencies and clients alike should work together to ensure that agency workers are not treated as employees. Similarly clients should review their hiring arrangements for direct worker to achieve a good long term result. There are further ramifications, for example in relation to tax. Since Cable and Wireless is held to be the employer for the duration of Mr Muscat’s engagement, it should have accounted for PAYE and national insurance payments, including the employer’s national insurance. Will the Revenue seek this now? So what can be done? There are potentially some contractual solutions, but it is the reality of the working relationship that will be the guiding factor. If a worker is treated as an employee it can be expected that he/she will want the benefits. This is likely to crystallise at the end of the relationship. So every aspect of the relationship should be reviewed to avoid not only the rights accruing, but the p erception that an employment relationship exist Implied employment contracts An unwritten agreement between the worker and the end user, the terms of which can be assumed from the arrangements and the manner in which the end user and the worker treat each other. If the manner is the same as an employer would treat an employee the Courts consider that the treatment is evidence that the parties intended there to be employment. A contract is therefore implied directly between the worker and the end user, with the payment arrangements continuing via the agency in the normal way. “Employment” is defined in the Employment Rights Act 1996 as including employment under an express or an implied contract.

    33. 33 Recent cases Bunce v SkyBlue (2005) Key Points Mutuality of obligation raised due to successive number of short term contracts via Sky Blue Control was delegated to the client by Sky Blue Decision Contract for service was clear and unequivocal Mr Bunce was not an employee of Sky Blue

    34. 34 Recent cases RNLI v Bushaway (2005) Key points Mrs Bushaway placed on a temp contract Offered a full time post Left after 7 months in post due to dispute Decision As there was no break in service between temp/perm role and the job she undertook as a temp was the same as her contract of employment indicated Combined temp/perm service equated to more than 12 months and tribunal therefore found in her favour

    35. 35 Recent cases Muscat v Cable and Wireless (2005) Key points Dacas case not fully tested Continuous service with one client TUPE transfer in 2001 No change to role Decision He was an employee of C&W There existed an implied contract of employment The conduct of the parties was considered key

    36. 36 Summary Tribunals are attempting to find an implied contract of employment These cases have all centred around the implied contract of employment being between the client and the worker Stresses the importance of robust contract terms Stresses the importance of continual review of such terms Each case will rely on its individual merits

    37. 37 Recent cases Ncube & others v 24/7 Support Services Ltd (2006) Key points Bank nurses claimed they were employees of 24/7 24/7 delivered compulsory training 24/7 appraised the bank nurses 24/7 subjected workers to disciplinary procedures Decision The tribunal found for the bank nurses

    38. 38 What can rullion offer to ensure we all stay out of tribunals? We ensure; that our terms and conditions cover all eventualities relating to cessation of an assignment, taking into account recent case history that supplied workers understand their relationship with ourselves and the client that we manage all contractual arrangements 1 The ability to cease the assignment exists in our agreement with either the worker or with the composite exists in our contracts 2 We send comprehensive terms and conditions or ensure the t’s and c’s given to the worker by the composite company ensure separation of worker from client whilst we remain in the position of arranger and cessator 3 We arrange and cease the assignment so the worker cannot claim that the client acted in a way that suggests they have control 4 Constant communication ensures we know where our worker is and the state of the assignment. This constant communication conduit allows our consultants to be aware of issues almost as they arise – where this may create contract of as opposed to for service. 1 The ability to cease the assignment exists in our agreement with either the worker or with the composite exists in our contracts 2 We send comprehensive terms and conditions or ensure the t’s and c’s given to the worker by the composite company ensure separation of worker from client whilst we remain in the position of arranger and cessator 3 We arrange and cease the assignment so the worker cannot claim that the client acted in a way that suggests they have control 4 Constant communication ensures we know where our worker is and the state of the assignment. This constant communication conduit allows our consultants to be aware of issues almost as they arise – where this may create contract of as opposed to for service.

    39. 39 What can rullion offer to ensure we all stay out of tribunals? Cont’d We ensure; that we communicate agreed rate increases that negotiations are managed through us that we manage all assignment terminations that wherever we can, we identify any problems that may create an employee relationship

    40. 40 How do we do this? Through the provision of training to our recruitment consultants Through the development of relationships with our clients By taking the time to discuss the clients requirement with our candidates Through constant communication Training courses Relationship management Requirements Continued communication channel Training courses Relationship management Requirements Continued communication channel

    41. 41 What else can we do? We can offer training / presentations on “how to manage temporary workers” to your supervisors / managers to include; how not to create an employment contract training, only as required to carry out the job no additional payments outside the contract no disciplinary action no performance reviews We can run our in house training sessions to you – or flex them to fit your requirements We can attend site to help resolve issues – recently in scotland We can run our in house training sessions to you – or flex them to fit your requirements We can attend site to help resolve issues – recently in scotland

    42. 42 What else can we do? We offer our assistance to resolve workplace misunderstanding Contractual review assistance Support / helpline advisory service We can run our in house training sessions to you – or flex them to fit your requirements We can attend site to help resolve issues – recently in scotland We can run our in house training sessions to you – or flex them to fit your requirements We can attend site to help resolve issues – recently in scotland

    43. 43 What else can we do? Tell us - Your feedback is important What else can we do THE FEEDBACK YOU GIVE US IS IMPORTANT – IT HELPS RULLION DEVELOP ITS SERVICE OFFERINGS What else can we do THE FEEDBACK YOU GIVE US IS IMPORTANT – IT HELPS RULLION DEVELOP ITS SERVICE OFFERINGS

    44. 44 Legal Update Aim – To give you an overview of some forthcoming legislation in the H&S and HR arena so you have a basic understnading of the key points. NEXT SLIDE - AGENDA Aim – To give you an overview of some forthcoming legislation in the H&S and HR arena so you have a basic understnading of the key points. NEXT SLIDE - AGENDA

    45. 45 Health & Safety Legislation/Consultation HSC/E Draft Simplification Plan Proposals for revised Asbestos Regs & ACOP Construction (Design & Management) Regs Fire Reform Order Brief overview of the following legal consultations/Proposals/changes NEXT SLIDE – HSC/E DRAFT SIMPLIFICATION PLAN Brief overview of the following legal consultations/Proposals/changes NEXT SLIDE – HSC/E DRAFT SIMPLIFICATION PLAN

    46. 46 This plan is a result of the Government initiative to simplify legislation and reduce admin burden – not legislation as such but a programme designed to help meet the Government targets. Important to your businesses to reduce admin burden/costs Initial consultation complete. Further revisions will be made in the coming months & into 2007 Key themes: Listed here - Within these categories, some campaigns have already begun: Forms review – HSE have been reviewing all forms required for H&S purposes and considering proposals for simplification, mergers and deletions. Regulator Mergers – Reduce business admin burdens by reducing the no of enforcing bodies. Several targeted areas including Power generation and supply, agriculture, coal extraction and outdoor activities. Risk management – work on further guidance and information to improve risk assessment processes to improve understanding and avoid excessive risk aversion incurring unnecessary cost. Alternative to regulation – Non mandatory management standards and guidance I.e. Stress management standards 7 the forthcoming Proposals for managing workplace transport risk - a route map. Also other guidance docs inc. the guidance for Agency Workers. Regulation Amendments – Included recommendations for the Asbestos Reg. Changes Review of RIDDOR regs to simplify system – proposals to remove the over 3 day reporting requirement and simplify the major injury criteria. No timescales set for this as yet – possibly 2007. Lets have a look at the asbestos amendments:This plan is a result of the Government initiative to simplify legislation and reduce admin burden – not legislation as such but a programme designed to help meet the Government targets. Important to your businesses to reduce admin burden/costs Initial consultation complete. Further revisions will be made in the coming months & into 2007 Key themes: Listed here - Within these categories, some campaigns have already begun: Forms review – HSE have been reviewing all forms required for H&S purposes and considering proposals for simplification, mergers and deletions. Regulator Mergers – Reduce business admin burdens by reducing the no of enforcing bodies. Several targeted areas including Power generation and supply, agriculture, coal extraction and outdoor activities. Risk management – work on further guidance and information to improve risk assessment processes to improve understanding and avoid excessive risk aversion incurring unnecessary cost. Alternative to regulation – Non mandatory management standards and guidance I.e. Stress management standards 7 the forthcoming Proposals for managing workplace transport risk - a route map. Also other guidance docs inc. the guidance for Agency Workers. Regulation Amendments – Included recommendations for the Asbestos Reg. Changes Review of RIDDOR regs to simplify system – proposals to remove the over 3 day reporting requirement and simplify the major injury criteria. No timescales set for this as yet – possibly 2007. Lets have a look at the asbestos amendments:

    47. 47 Revised Asbestos Regs. And ACOP Aim is to consolidate 3 sets of legislation Control of Asbestos At Work Regs 2002 Asbestos (Licensing) Regs 1983 (amended) Asbestos (Prohibitions) Regs 1992 (amended) Changes Inc: Redefining the word Asbestos Replacing the use of action levels Introducing a new Control Limit 0.1 f/cm3 & removing short-term exposure limits Amendments to the fibre counting methods used Expanding the list of training requirements Changes to the licence and clearance certificate requirements HSC approved on 25th July – Nov or Dec 2006? Aim as defined on the slide ACOP = Approved Code of Practice Define Asbestos – Specifies more exactly which minerals are covered – it doesn’t change the materials covered by the Control of Asbestos at Work Regs though – these remain the same. All arrangements re licensing, notification of work, arrangements for accident/incidents/emergencies, asbestos areas and health records and surveillance, will no longer apply where: Exposure to Asbestos is sporadic and of low intensity It is apparent the control limits will not be exceeded Work involves short and non-continuous work with encapsulated or sealed ACM I.e. Textured coatings. New control limit to 0.1 f/cm3 over 4 hours will tighten overall controls but reduces previous levels for Amphibole asbestos from 0.2 and Chrysotile from 0.3 f/cm3 Short term exposure limits have been moved to the ACOP from the regs and will reflect a peak level of 6f/cm3 over 10 mins Laboratory fibre counting method will change from EU directive to that laid down by World Health Organisation Training requirements will be expanded to conform to the European Asbestos Worker Protection Directive. Licences – Licence criteria is being changed Removal licences will be granted for a maximum of 3 years only and there will no longer be an exemption for employers using their own employees on their own premises. Those issuing clearance certificates for re-occupation following removal work, must meet relevant ISO standards (17020 & 17025). Expected implementation of these Regulations is now expected to be Nov Dec this yr. Aim as defined on the slide ACOP = Approved Code of Practice Define Asbestos – Specifies more exactly which minerals are covered – it doesn’t change the materials covered by the Control of Asbestos at Work Regs though – these remain the same. All arrangements re licensing, notification of work, arrangements for accident/incidents/emergencies, asbestos areas and health records and surveillance, will no longer apply where: Exposure to Asbestos is sporadic and of low intensity It is apparent the control limits will not be exceeded Work involves short and non-continuous work with encapsulated or sealed ACM I.e. Textured coatings. New control limit to 0.1 f/cm3 over 4 hours will tighten overall controls but reduces previous levels for Amphibole asbestos from 0.2 and Chrysotile from 0.3 f/cm3 Short term exposure limits have been moved to the ACOP from the regs and will reflect a peak level of 6f/cm3 over 10 mins Laboratory fibre counting method will change from EU directive to that laid down by World Health Organisation Training requirements will be expanded to conform to the European Asbestos Worker Protection Directive. Licences – Licence criteria is being changed Removal licences will be granted for a maximum of 3 years only and there will no longer be an exemption for employers using their own employees on their own premises. Those issuing clearance certificates for re-occupation following removal work, must meet relevant ISO standards (17020 & 17025). Expected implementation of these Regulations is now expected to be Nov Dec this yr.

    48. 48 CDM Regulations Deferred until April 2007 Guidance anticipated for Jan 07 Main Aims: Consolidate existing legislation Changes to client duties Empowered Coordinator Designer Duties Demolition No Change to definition for notifiable projects Construction Design and Management Regulations amendments postponed from Oct 2006 to April 2007, partly to allow time for ACOP and guidance to be completed. Estimated completion date for guidance is now Jan 07. Consolidation mainly of: CDM Regs. 94 Construction Health Safety & Welfare Regs 96 Changes aimed to simplify and revise current arrangements. Existing regs produce volumes of paperwork, not always specific and not communicated to the right people at the right time. Client duties – clearly defined and enhanced - specific responsibilities for HS and welfare facilities/design of premises complies with HS & W Regs/responsibility to ensure suitable management for the project and to avoid contracting out of legal H&S responsibilities through a client agent – although an agent may still be appointed. Empowered Co-ordinator – New position to replace planning supervisor. Pivotal liaison and advisory role for project – will have accountability, along with client, in the event of any enforcement action. Designer duties – not really changed more clarified and strengthened to improve understanding – must reduce risks as far as poss at design stage. No more than initial design work can take place before the appt of a co-ordinator. Demolitions – to be treated as all other construction work and not to require formal appointments and written H&S plan. Most demolitions would fall in to notifiable projects anyway. This will help reduce paperwork Notifiable Projects remain: Over 30 days or 500 person days. Construction Design and Management Regulations amendments postponed from Oct 2006 to April 2007, partly to allow time for ACOP and guidance to be completed. Estimated completion date for guidance is now Jan 07. Consolidation mainly of: CDM Regs. 94 Construction Health Safety & Welfare Regs 96 Changes aimed to simplify and revise current arrangements. Existing regs produce volumes of paperwork, not always specific and not communicated to the right people at the right time. Client duties – clearly defined and enhanced - specific responsibilities for HS and welfare facilities/design of premises complies with HS & W Regs/responsibility to ensure suitable management for the project and to avoid contracting out of legal H&S responsibilities through a client agent – although an agent may still be appointed. Empowered Co-ordinator – New position to replace planning supervisor. Pivotal liaison and advisory role for project – will have accountability, along with client, in the event of any enforcement action. Designer duties – not really changed more clarified and strengthened to improve understanding – must reduce risks as far as poss at design stage. No more than initial design work can take place before the appt of a co-ordinator. Demolitions – to be treated as all other construction work and not to require formal appointments and written H&S plan. Most demolitions would fall in to notifiable projects anyway. This will help reduce paperwork Notifiable Projects remain: Over 30 days or 500 person days.

    49. 49 Fire Reform Order Effective from 1st Oct 2006 Replaces existing fire legislation Fire certificates void Fire Risk Assessment Duty to undertake Employees Non employees Duty holder = responsible person Additional specific requirements for a range of other issues. All aware of the new FRO - now a few days away it is prudent to reiterate the key points: The FRO is designed to replace existing fire legislation for NON DOMESTIC premises, currently spread out in a considerable amount of existing legislation: Principally replaces: Fire Cert (special premises) Regs 76 Fire Precautions Regs 97 Fire Precautions (Workplace) Regs 99 The FRO replaces fire certification previously required under Fire Precautions Act 71 - Requirement NOW to undertake a Fire Risk Assessment which must ensure so far as is reasonably practicable the safety of employees. Must also consider non employees and fire precautions must be taken to ensure reasonable arrangements to ensure premises are safe. Specific areas that must be considered under the FRO are: Elimination or reduction of risks from dangerous substances Fire fighting and fire detection Emergency routes and exits Procedures for serious and imminent danger and for danger areas Additional emergency measures in respect of dangerous substances Maintenance Safety Assistance Provision of Info to employers & self employed fron outside undertakings Training Co-operation and Co-Ordination General Duties of Employees Enforcement remains with the Fire Authorities with the exception of: Nuclear installations/ships & construction sites where HSE is enforcing authority. And Sports grounds or stands - local authority Responsible person is defined as: The employer or where the employer is not present at the premises, the person who has control over the premises. Relevant to temp workers. Other issues: Duty to consult/Duty not to charge/Information for fire fighters etc.All aware of the new FRO - now a few days away it is prudent to reiterate the key points: The FRO is designed to replace existing fire legislation for NON DOMESTIC premises, currently spread out in a considerable amount of existing legislation: Principally replaces: Fire Cert (special premises) Regs 76 Fire Precautions Regs 97 Fire Precautions (Workplace) Regs 99 The FRO replaces fire certification previously required under Fire Precautions Act 71 - Requirement NOW to undertake a Fire Risk Assessment which must ensure so far as is reasonably practicable the safety of employees. Must also consider non employees and fire precautions must be taken to ensure reasonable arrangements to ensure premises are safe. Specific areas that must be considered under the FRO are: Elimination or reduction of risks from dangerous substances Fire fighting and fire detection Emergency routes and exits Procedures for serious and imminent danger and for danger areas Additional emergency measures in respect of dangerous substances Maintenance Safety Assistance Provision of Info to employers & self employed fron outside undertakings Training Co-operation and Co-Ordination General Duties of Employees Enforcement remains with the Fire Authorities with the exception of: Nuclear installations/ships & construction sites where HSE is enforcing authority. And Sports grounds or stands - local authority Responsible person is defined as: The employer or where the employer is not present at the premises, the person who has control over the premises. Relevant to temp workers. Other issues: Duty to consult/Duty not to charge/Information for fire fighters etc.

    50. 50 Employment Legislation – Age Discrimination Hand back to HowardHand back to Howard

    51. 51 Age Discrimination Definition: Age discrimination can be explained as occurring when someone treats a person less favourably because of that person’s age, and uses this as a basis for prejudice against and unfair treatment of that person

    52. 52 Employment Equality (Age) Regulations 2006 Regulations to be implemented on 1st October 2006 Age discrimination laws must be in place in all member states by 2nd December 2006 Age Discrimination Guidelines available on Rullion Internet – Law and Policy section

    53. 53 Age Discrimination The regulations will: outlaw mandatory retirement ages below age 65 (except where they can be objectively justified) give those over 65 the right to request to continue working be reviewed in 2011 to consider whether it is still necessary to maintain mandatory retirement ages at all ban unjustified age discrimination in employment terms such as, recruitment, promotion and vocational training remove the upper age limit currently in use for unfair dismissal and redundancy rights provide at least six months’ written notice to employees in advance of their intended retirement date to enable them to plan effectively for retirement.

    54. 54 Age Discrimination - Recruitment Age-related criteria or age ranges should not be used in advertisements other than to encourage applications from age groups which do not usually apply Adverts should avoid phrases such as ‘5 years experience’, ‘minimum 3 years in similar role’ as this may be discriminatory against younger workers Alternatives such as ‘competent in the area of,’ ‘proven experience in the area of’’ should be used.

    55. 55 Age Discrimination - Recruitment Specific requirements for a degree may be indirectly discriminatory against older people Age criteria must not be taken into account in employment decisions but can be used for monitoring purposes Any reference to age should be removed from employee or candidates CV’s prior to submission to the recruiting manager Person specifications need to be updated to focus on competencies. Interviews should focus on skills, knowledge, behaviour and experience as opposed to qualifications, except where specific role necessary qualifications are required.

    56. 56 Age Discrimination Reward: Pay and terms of employment should not be based on age-related criteria

    57. 57 Age Discrimination Training & Development: All employees should be eligible for T&D programmes and have the same T&D opportunities All courses available to everyone so long as there is a business need for them to attend Promotions must be awarded based on capability, success and achievement

    58. 58 Age Discrimination - Benefits Benefits such as private health insurance are generally more expensive for older workers. Increased expense however will be no excuse for employers to exclude older workers from a scheme if the employee is entitled to it.

    59. 59 Age Discrimination - Recruitment Example Our client is looking for experienced barman to join a young, vibrant and outgoing team. A good knowledge of wines and cocktails is an absolute must. A varied knowledge of different spirits would be extremely beneficial as well.   Applicants should be well presented and have a good grasp of the English language. The hours are long but the rewards are handsome. A competitive salary will be combined with a share of the tips and a quarterly bonus dependent upon performance. Training will be given where necessary and an ongoing development program will ensure your skills remain up to date.   Apply now for an immediate interview.

    60. 60 Age Discrimination - Recruitment Answer Key phrase – “barman to join a young, vibrant and outgoing team” Directly discriminatory on the basis of gender. The term “barman” should be replaced with something non gender specific such as “bartender” or “barperson”. Use of the word “young” is, in this case, indirectly discriminatory on the basis of age.

    61. 61 Q&A

    62. 62 Thank you for attending Hope you have found today beneficial We have included a feedback form in your packs – if you could take a few minutes to complete this we would be grateful We want to provide further events of this nature and support services that would be relevant to you and your businesses so tell us what would interest you. Lunch will be served now - hope you can stay and join us If not thank you for attending have a safe journey and we look forward to seeing you again. If you can stay we look forward to talking to you and through lunch and into this afternoon we are available and will offer an advice clinic if you have any queries or issues you may wish to discuss. Thank you for attending Hope you have found today beneficial We have included a feedback form in your packs – if you could take a few minutes to complete this we would be grateful We want to provide further events of this nature and support services that would be relevant to you and your businesses so tell us what would interest you. Lunch will be served now - hope you can stay and join us If not thank you for attending have a safe journey and we look forward to seeing you again. If you can stay we look forward to talking to you and through lunch and into this afternoon we are available and will offer an advice clinic if you have any queries or issues you may wish to discuss.